Wellness Check Services

Terms of Use

Last Modified: July 1, 2020

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Mandalay Solutions LLC ("Company," "we," or "us" or the “parties”). The following terms and conditions, together with any terms they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the Wellness Check Services application, including any content, functionality, and related services (the "Application"), whether as a guest or a registered user. Please note that these Terms of Use include a waiver disallowing you to bring or participate in any class action claim(s) against the company.

Please read these Terms of Use carefully before commencing use of the Application. By clicking to agree to the Terms of Use you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found directly below, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Application.

This Application is offered and available to users who are 18 years of age or older. By using this Application, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them at www.wellnesscheckservices.com, which You should check periodically, and apply to all access to and use of the Application thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is specified on the Application or via some other means of notification.

Your continued use of the Application following the notification of revised Terms of Use means that you accept and agree to the changes.

Accessing the Application and Account Security

We reserve the right to withdraw or amend this Application, and any service or material we provide on or through the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period for any reason.

To access the Application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all the information you provide is correct, current, and complete. You agree that all information you provide via the Application or otherwise, including, but not limited to, through the use of any related services, is governed by our Privacy Policy, found directly below, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Intellectual Property Rights

The Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof to the extent included) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Application.

Trademarks

The Company name, the term Wellness Check Services, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Application are the trademarks of their respective owners.

Prohibited Uses

You may use the Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Application:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application, or expose them to liability.

Additionally, you agree not to:

  • Use the Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Application, including their ability to engage in real time activities through the Application.
  • Use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application.
  • Use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Application.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer, or database connected to the Application.
  • Otherwise attempt to interfere with the proper working of the Application.

Termination

We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application.
  • Terminate or suspend your access to the Application for any or no reason, including without limitation, any violation of these Terms of Use.

You waive and hold harmless the Company and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by such parties or law enforcement authorities.

Information About You and Your Use of the Application

All information we collect on this Application is subject to our Privacy Policy found directly below. By using the Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Geographic Restrictions

The owner of the application is based in the State of New York in the United States. We provide this Application for use only by persons located in the United States. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Application or any site used by the Company for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by viruses, or other technologically harmful material that may infect your device(s), computer programs, data, or other proprietary material due to your use of the Application or any services obtained through the Application or to your downloading of any material from it, or on any site linked to it.

Your use of the Application, its content, and any services obtained through the Application or related to the Application is at your own risk. The Application, its content, and any services obtained through the Application or related to the Application are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Application. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Application, its content, or any services or items obtained through the Application or related to the Application will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Application or the server(s) that makes it available are free of viruses or other harmful components, or that the Application or any services or items obtained through the Application or related to the Application will otherwise meet your needs or expectations.

To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

You hereby acknowledge and understand that the Application is not a medical device and should at no time be construed as such. The user should not rely upon the results or information provided to any party by the Application. If the user elects to do so, the user does so at the user’s sole risk.

Limitation on Liability

Unless caused by the Company’s gross negligence or willful misconduct, to the fullest extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Application, any sites linked to it, any content on the Application or such other sites and services related to the Application, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Application, including, but not limited to, any use of the Application's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Application.

Governing Law and Jurisdiction

All matters relating to the Application and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in Nassau County although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

Notwithstanding the foregoing, at Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Application, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law. Except as otherwise required under applicable law, both parties agree that neither of us will assert class action or representative action claims against the other, whether in arbitration or otherwise, which actions are hereby waived; and each of the parties shall only submit their own, individual claims in arbitration and will not seek to represent the interests of any other person.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the Application must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Mandalay Solutions LLC regarding the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Application as defined above.