Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Well Worthy, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Submission of Order Copy and Web Content. By submitting copy for your order and/or content for publication on our Website you represent and warrant that:
1. the reproduction and use of the copy, including all text, graphics, layout and formatting, will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
2. if your employer has rights to intellectual property you create, you have either (i) received
permission from your employer to post or make available the Content, including but not limited to
any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; 3. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); 4. the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
By submitting Content to Well Worthy for inclusion on our Website, you grant Well Worthy a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your goods and/or services. When and if the submitted Content is deleted from the Website, Well Worthy will use reasonable efforts to remove it. However, you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Well Worthy has the right (though not the obligation) to, in Well Worthy’s sole discretion (i) refuse or remove any content that, in Well Worthy’s reasonable opinion, violates any Well Worthy policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Well Worthy’s sole discretion. Well Worthy will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors. Well Worthy has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Well Worthy does not represent or imply that it endorses the material there posted, and does not verify such material to be accurate. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties such as YouTube videos. The downloading, copying or use of such material is subject to additional terms and conditions, stated or unstated. Well Worthy disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content posted or linked to from the Website.
Copyright and DMCA Policy. Well Worthy values a free flow of information and facilitating its broad accessibility. At the same time, we value the intellectual labor of others (enough to offer something of value in exchange for it) and expect our own intellectual labor to be equally valued in the marketplace of ideas and knowledge/content production. If you believe that material located on and/or linked to by Well-Worthy.com violates your copyright, please notify Well Worthy in writing via email or mail. Well Worthy will respond to all such notices, including as required or appropriate, by removing the infringing material or disabling all links to the infringing material. See Intellectual Property and Sharing (next paragraph) for information on permissions and usage of content on well-worthy.com. Intellectual Property and Sharing. This Agreement does not transfer from Well Worthy to you any Well Worthy or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Well Worthy. Well Worthy Concepts, the Well-Worthy.com logo, and all other trademarks, service marks, graphics and logos used in connection with Well-Worthy.com are trademarks or registered trademarks of Well Worthy, Well Worthy’s clients or other third party copyright holders. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Well Worthy or third-party trademarks except those copyright under Creative Commons, GNU, and the like. These exceptions may be used in accordance with the terms of the license provided. Content that is licensed under Creative Commons is clearly labeled with a hyperlinked "cc" following the attribution. If you are uncertain, please email for permissions.
Changes. Well Worthy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Well Worthy may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services are subject to the terms and conditions of this Agreement.
Termination. Well Worthy may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Well-Worthy.com account (if you have one), you may simply discontinue using the Website. Well Worthy can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. Well Worthy and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Well Worthy nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain goods and services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Well Worthy, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed any money by you to Well Worthy under this agreement for goods and services for which you bring forth a cause of action. Well Worthy shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Well Worthy, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Well Worthy and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized representative of Well Worthy, or by the posting by Well Worthy of a revised version. Except to the extent applicable law, if any, any access to or use of the Website will be governed by the laws of the State of New York, U.S.A., and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Nassau County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in the State of New York, in the English language and the arbitral decision may be enforced in any court.
Enforceability. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Well Worthy may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.