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Terms of Use

Effective Date June 1, 2017

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Wellntel, Inc., including the www.wellntel.com and my.wellntel.com websites (collectively, the “Site”). Your compliance with these Terms of Use is a condition to your use of the Site.  If you do not agree to be bound by the Terms of Use, promptly exit the Site. Please also consult our Privacy Policy  for a description of our privacy practices and policies.

  1.            Ownership of the Site

All pages within the Site and any material made available for download are the property of Wellntel, Inc. or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including, without limitation, all software, drivers, applications, data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site (collectively, “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by us.

          Site Access, Security and Restrictions; Passwords; Indemnification

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind or any framing technique to access or copy data on the Site, deep-link to any feature or Content on the Site or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site.

In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password that we provide to you. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by us at any time with or without cause. You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, losses, liabilities, actions, demands, judgments, amounts paid in settlement, fines, fees, penalties, costs and expenses (including reasonable attorneys’ fees) (collectively, “Losses”) resulting from or arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

3.            Accuracy and Integrity of Information

Although we attempt to ensure the integrity and accuracy of the Site, we make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site or any content thereon. Information contained on the Site may be changed or updated by us without notice.

4.            Order Acceptance  (Applicable If Purchasing Products)

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. You will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance review. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit in the amount of the charge.

5.            No Reselling  (Applicable If Purchasing Products)

You may not make a purchase for resale. For purposes of these Terms of Use, “reselling” means purchasing or intending to purchase any product(s) from us for the purpose of engaging in a commercial sale of that same product(s) to a third party.

6.            Online Payments  (Applicable If Purchasing Products)

You can pay for products and/or services purchased on the Site with a credit or debit card we accept. We may obtain preapproval for the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process.

You represent and warrant that the payment card and bank account information you supply is true, correct and complete, that charges incurred by you will be honored by the card issuer, that in any event you will pay the charges in the amounts posted, including any applicable taxes, and that you are the person in whose name the card was issued and are authorized to make the purchase using the card and the card information.

7.            Export Policy and Restrictions; Indemnification  (Applicable If Purchasing Products)

You acknowledge that the products and Content which are sold or licensed on the Site, which may include technology and software, are subject to customs and export control laws and regulations and may not be transferred, by electronic transmission or otherwise, outside of the United States. You agree to defend, indemnify and hold us harmless from any and all Losses resulting from or arising out of your failure to comply with this Section 7 and/or any resulting violation of applicable export control, anti-boycott, or economic sanctions laws or regulations.

8.            Links to Other Sites

We make no representations, warranties or guarantees whatsoever about any other website that you may access through the Site.  When you access a non-Wellntel, Inc. website, we have no control over the content on that website, we do not endorse or accept any responsibility for it, and our Privacy Policy does not apply to it.

9.            User Generated Content, Reviews, Feedback and Other Postings to the Site; License Grant; Indemnification 

We may allow you to submit, upload or post comments, ideas, or other content to us or to the Site (“User Generated Content”). You agree not to provide any User Generated Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to us that you have the legal right and authorization to provide all User Generated Content. You grant to us a perpetual royalty-free, irrevocable, transferable right and license to use the User Generated Content however we desire, including, without limitation, to copy, modify, delete publish, translate, create derivative works from, and/or distribute such User Generated Content, and/or incorporate it into any form, medium or technology throughout the world. We will not be under any obligation to maintain any User Generated Content in confidence, pay to you any compensation for any User Generated Content, or respond to any User Generated Content.

We are not obligated to review User Generated Content, but we do reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant us the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you create or provide. We take no responsibility and assume no liability for any User Generated Content submitted by you or anybody else.

You agree to defend, indemnify and hold us harmless from and against any and all Losses resulting from or arising out of any User Generated Content you post or allow to be posted to the Site.

10.         Disclaimer of Warranties Regarding the Site

We do not warrant that access to or use of the Site will be uninterrupted or error-free or that defects in the Site will be corrected. The Site, including any software, Content or information contained within it or any Site-related service, is provided “AS IS” with all faults. We do not warrant the accuracy, completeness or timeliness of the information obtained through the Site. You assume total responsibility and risk for your use of the Site, Site-related services, and linked websites. We do not warrant that files available for download will be free of viruses, worms, Trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT, CONCERNING THE SITE.

Warranties relating to products or services offered, sold, licensed or distributed by us are subject to separate warranty terms and conditions.  (See Sections 12 and 13 below.)

11.         Limitation of Liability Regarding the Site

IN NO EVENT WILL WE OR ANY THIRD PARTY MENTIONED ON THE SITE BE  LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole remedy for dissatisfaction with the Site, Site-related services, and/or linked websites is to stop using the Site and/or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, our maximum aggregate liability to you with respect to your use of the site is Five Hundred Dollars ($500).

12.         End User License Agreement  (Applicable If Purchasing Products)

The End User License Agreement included in this Section 12 (“License Agreement”) is a legally binding agreement between you and us for the use of the software that is incorporated in our products you purchase, which may include related printed material, media and any other components and/or software modules, including, but not limited to, required drivers (“Licensed Product”).  Other aspects of the Licensed Product may also include, but are not limited to, software updates and any upgrades necessary that we may supply to you or make available to you, or that you could obtain.

By way of the installation, copying, downloading, accessing or other use of the Licensed Product, you are agreeing to be legally bound by the herein contained terms of this License Agreement. If you do not agree to be bound by the terms of this License Agreement, then you have no rights to the Licensed Product and you therefore should not install, copy, download, access or otherwise use the Licensed Product.

The Licensed Product is protected by copyright laws, as well as any other intellectual property laws. The Licensed Product is licensed and not sold.

License Grant

We will grant to you a non-exclusive license for the use and installation of the Licensed Product subject to all the terms and conditions set forth herein. Furthermore, this License Agreement shall also govern any and all software upgrades provided by us that would replace, over write and/or supplement the original installed version of the Licensed Product.

Termination

Should you breach this License Agreement at any time, your right to the use of the Licensed Product shall immediately terminate without any notice being given. However, all provisions of this License Agreement other than your license rights will remain in effect and thus shall survive termination. Upon termination of the license granted herein, you must destroy any and all copies of the Licensed Product.

Restrictions on Use

As a licensee of the Licensed Product, you may not:

a)  Make use of the Licensed Product on more than one computing device at a time;

b)  Share, distribute, lend, lease, sublicense or otherwise make available the Licensed Product, in any manner whatsoever, to any third party;

c)  Modify, adapt, create derivative works from or translate any part of the Licensed Product;

d)  Reverse engineer, decompile or disassemble the Licensed Product, or attempt in any manner to locate or obtain its source code;

e)  Attempt to alter or remove any trademark, copyright or other proprietary notice contained within the Licensed Product; or

f)  Make use of the Licensed Product in any manner not expressly permitted by this License Agreement or the documentation accompanying the Licensed Product.

Updates

We may from time to time, at our discretion (but with no obligation to do so), make available updates for the Licensed Product, which shall be subject to the terms and conditions of this License Agreement.

Disclaimer of Warranties Regarding the Licensed Product

We make no representations or warranties whatsoever as to the effectiveness of the Licensed Product or any support services related to the Licensed Product provided by us or any related suppliers (“Support Services”). The entire risk as to the quality or performance of the Licensed Product and Support Services, if any, rests with you. THE LICENSED PRODUCT IS PROVIDED “AS IS,” WITH ALL FAULTS.  WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT, CONCERNING THE LICENSED PRODUCT OR ANY SUPPORT SERVICES.

Limitation of Liability Regarding the Licensed Product

IN NO EVENT WILL WE OR ANY SUPPLIERS OF SUPPORT SERVICES BE  LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE LICENSED PRODUCT OR ANY SUPPORT SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. To the extent any aspects of the foregoing limitations of liability are not enforceable, our maximum aggregate liability to you with respect to your use of the Licensed Product and any Support Services shall be the amount actually paid by you for the Licensed Product.

U.S. Government End Users

The Licensed Product is licensed by the U.S. Government with RESTRICTED RIGHTS. The use, duplication of, or the disclosure by the U.S. Government, shall be subject to restrictions in accordance with DFARS 252.227-7013 of the Technical Data and Computer Software clause, and 48 DCR 52.227-19 of the Commercial Computer Software clause, as applicable.

13.         Limited Warranty  (Applicable If Purchasing Products)

Your Rights and This Limited Warranty

The limited warranty included in this Section 13 (“Limited Warranty”) gives you specific legal rights. You may also have other legal rights that vary by state, province or jurisdiction. The disclaimers, exclusions, and limitations of liability under this Limited Warranty will not apply to the extent prohibited by applicable law. For a full description of your legal rights, you should refer to the laws applicable in your jurisdiction, and you may wish to contact a lawyer or relevant consumer advisory service.

What This Limited Warranty Covers; Period of Coverage

We warrant that the product contained in the box shipped to you (“Product”) will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery following the original retail purchase (the “Warranty Period”). If the Product fails to conform to this Limited Warranty during the Warranty Period, our sole obligation will be, at our sole discretion, (a) to repair or replace the Product or any component thereof determined by us to be defective; or (b) to accept the return of the Product and refund the money actually paid by you for the Product. If the Product or a component incorporated within it is no longer available, we may replace the Product with a similar product, at our sole discretion. This is your sole and exclusive remedy for breach of this Limited Warranty. Any Product that has been repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the longer of ninety (90) days from the date of delivery or the remaining Warranty Period. This Limited Warranty is transferable from you, the original purchaser, to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage.  In no event will we be obligated to make any repair, replacement or refund after the expiration of the Warranty Period.

Total Satisfaction Return Policy

If you, the original purchaser, are not satisfied with the Product for any reason, you may return it in its original condition within thirty (30) days of the delivery date and receive a full refund.

Warranty Conditions; How To Get Service If You Want To Claim Under This Limited Warranty

Before being able to claim under this Limited Warranty, the owner of the Product must (a) notify us of the intention to claim by emailing info@wellntel.com during the Warranty Period and providing a description of the alleged failure, and (b) comply with our return shipping instructions. We will have no warranty obligations with respect to a returned Product if we determine, after examination of the returned Product, that the Product is an Ineligible Product (defined below). We will bear all costs of return shipping to the owner and reimburse any shipping costs incurred by the owner, except with respect to any Ineligible Product, for which the owner will bear all shipping costs.

What This Limited Warranty Does Not Cover

This Limited Warranty does not cover the following (collectively, “Ineligible Products”): (a) Products marked as “sample” or sold “AS IS”; or (b) Products that have been subject to: (i) modifications, alterations, tampering, or improper maintenance or repairs; (ii) handling, storage, installation, testing, or use not in accordance with the user’s guide or other instructions provided by us; (iii) abuse or misuse; (iv) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (v) acts of God, including, without limitation, lightning, flood, tornado, earthquake, or hurricane. This Limited Warranty does not cover consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Product, or software (even if packaged or sold with the Product). We recommend that you use only authorized service providers for maintenance or repair. Unauthorized use of the Product or software can impair the Product’s performance and will invalidate this Limited Warranty.

Disclaimer of Warranties Regarding the Product

We make no representations or warranties whatsoever as to the effectiveness of the Product. EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT, CONCERNING THE PRODUCT.

Limitation of Liability Regarding the Product

IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THIS LIMITED WARRANTY OR THE PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Our total cumulative liability arising from our related to this Limited Warranty or the Product shall not exceed the amount actually paid for the Product by the original purchaser thereof.

Services and Product Information

The online services made available to you on the my.wellntel.com website (“Services”) provide you with information regarding your Product (“Product Information”).  All Product Information is provided for your convenience, “AS IS” and “AS AVAILABLE.” We do not represent, warrant or guarantee that Product Information will be available, accurate, or reliable or that Product Information or use of the Services or Product will provide safety in your well or home. You use all Product Information, the Services, and the Product at your own discretion and risk. You will be solely responsible for (and we disclaim) any and all loss, liability, and damages, including to your well, wiring, fixtures, electricity, home, Product, Product peripherals, computers, mobile devices, pets, and other items in your home, resulting from your use of the Product Information, Services or Product. Product Information provided by the Services is not intended as a substitute for direct means of obtaining the information. For example, a notification provided through the Services is not intended as a substitute for audible and visible indications in the well or for a third party monitoring service that monitors water well levels.

Variations That Might Apply to This Limited Warranty

Some jurisdictions do not allow limitations on how long an implied warranty lasts or exclusions/limitations on incidental or consequential damages, so some of the limitations set out above may not apply to you.

14.         FCC Statement  (Applicable If Purchasing Products)

Federal Communications Commission (“FCC”) Compliance Statement

The Product complies with Part 15 of Title 47 of the Code of Federal Regulations (“Part 15 of the FCC Rules”). Operation is subject to the following two conditions:

1.  The Product may not cause harmful interference; and

2.  The Product must accept any interference received, including interference that may cause undesired operation.

FCC Warning

The Product has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation.

The Product generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications.

However, there is no guarantee that interference will not occur in a particular installation. If the Product does cause harmful interference to radio or television reception, which can be determined by turning the Product off and on, the user is encouraged to try to correct the interference by one or more of the following measures:

  • Reorient or relocate the receiving antenna.
  • Increase the separation between the Product and the receiver.
  • Connect the Product into an outlet different from that to which the receiver is connected.
  • Consult the dealer or an experienced radio/TV technician for help.

Changes or modifications to the Product not expressly approved by the party responsible for compliance could void the user’s authority to operate the Product.

15.         Indemnification for Injuries

You agree to defend, indemnify and hold us harmless from and against any and all Losses resulting from or arising out of any death, personal injury or property damage occurring in or about the premises where your well is located caused by any act or omission of you, your representatives, your service providers and contractors, your agents, and any others for whose acts you are responsible.

16.         Governing Law; Venue

These Terms of Use and all questions arising in connection herewith shall be governed by and construed in accordance with the laws of the State of Wisconsin without application of choice of law or conflicts of law principles. In the event of any dispute or claim relating to the Site or these Terms of Use, you agree to resolution of such dispute exclusively in the state or federal courts located in Milwaukee, Wisconsin, and you hereby consent to the jurisdiction and venue of any such court and waive any objection based on improver or inconvenient jurisdiction or venue.  You hereby irrevocably and unconditionally waive any right to trial by jury.

17.         Revisions; Miscellaneous

In the event that any of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. If there is any waiver of any breach or failure to enforce any of the provisions contained in these Terms of Use, it shall not be deemed a future waiver of said terms or a waiver of any other provision of these Terms of Use.  These Terms of Use constitute the entire agreement between us and you pertaining to the subject matter hereof. These Terms of Use shall be binding upon and shall inure to the benefit of you and us and our respective heirs, successors, legal representatives and permitted assigns. In our sole discretion, we may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Site.