Legal

Terms of Use

Last Revised on 10/9/23

Welcome to the Terms of Use (these “Terms”) for the Wellio™ and Wellio Health™ Pediatric ecommerce service, currently available via www.wellio.health (the “Site”), operated on behalf of Wellio Health. (the “Company,” “we” or “us”). 

Wellio™ offers an online venue that connects pediatric healthcare providers and Vendors (“Vendors”) selling products and services for pediatric health and wellness applications (collectively, “Products”) to Buyers (as defined below) via the Site and to collaborate and communicate with each other and Buyers regarding the same. Only qualified pediatric healthcare providers (“Buyers”) that meet the requirements set forth at www.wellio.health (the “Buyer Requirements Webpage”) may shop for and purchase Products. You may be both a Buyer and a Vendor, depending on the purpose and use you make of the Site for a particular visit, and the applicable Terms will apply depending on your activities on the Site at the time. The Site and any content, tools, features and functionality offered on or through our Site are collectively referred to as the “Services.” If you are not a Buyer or Vendor, the applicable Terms set forth herein shall still apply to you, but you may not offer, sell, or purchase products or services via the Site or the Services.

These Terms govern your viewing this Site and your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By submitting an application to use the Services as a Vendor, and by accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

All Buyers and Vendors must be approved by us in advance as part of the registration process. If you do not meet the requirements set forth at the Buyer Requirements Webpage, you will not be approved as a Buyer.  If we change the requirements set forth at the Buyer Requirements Webpage, as we may from time to time in our sole discretion, you may need to requalify as a Buyer for purposes of being able to purchase Products via the Services.

For Vendors, if Products require regulatory filing, clearances or approvals to be marketed, distributed, or otherwise sold or offered for sale, then only those Products that have received all applicable regulatory clearances or approvals for their applicable uses, claims and/or indications, as applicable, can be listed for sale on the Site.  Vendors are solely responsible for determining whether their Products require regulatory filings, clearances or approvals. Vendors expressly agree that the Company is not acting on behalf of Vendors as their distributor for such Products.

For purposes of these Terms, “you” and “your” means Vendors,  Buyers who use the Services as well as any other visitors to the Site that do not qualify as Vendors or Buyers. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

Section 13 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us related to the Services through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions in connection with your use of the Services. You have the right to opt-out of arbitration as explained in Section 13.

 

TABLE OF CONTENTS

1. ACCOUNTS AND SUBSCRIPTIONS
2. Vendor TERMS
3. BUYER TERMS
4. SUPPORT SERVICES
5. PRIVACY POLICY
6. RIGHTS WE GRANT YOU
7. OWNERSHIP AND CONTENT
8. CONFIDENTIALITY
9. THIRD PARTY SERVICES AND MATERIALS
10. LIMITED WARRANTIES AND DISCLAIMERS
11. LIMITATIONS OF LIABILITY
12. INDEMNIFICATION
13. ARBITRATION AND CLASS ACTION WAIVER
14. ADDITIONAL PROVISIONS

1. ACCOUNTS AND SUBSCRIPTIONS
1.1 Creating and Safeguarding your Account To be a Vendor or Buyer, you need to create an account with Wellio. You agree to provide Wellio with accurate, complete and updated information for your Account and to comply with all notices and requirements. You can access, edit and update your Account via the settings on your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at hello@wellio.health if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously banned you from any of our Services, unless we provide written consent otherwise.


1.2 Site Fees. If you buy Services, you agree to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that (a) we may calculate taxes payable by you based on the billing information that you provide us at the time of subscription, and (b) to the extent possible permitted by applicable law, you shall pay to us as a debt on demand all costs incurred by us, including tax, penalties and interest, levied by any competent tax authority due to your failure to pay any such taxes, penalties or interest. We reserve the right to adjust pricing for the Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes will take effect following reasonable notice to you. Payment can be made by credit card, debit card, or other means that we may make available.

2. Vendor and Marketing Member Terms

2.1 Stores. The Company provides Vendors with dedicated vendor pages that Vendors can populate to sell Products and Services (the “Stores”). Vendors use and access to Stores is subject to the Company’s offering guidelines available at www.wellio.health. If you would like assistance in setting up your Store, please let us know by contacting hello@wellio.health and we can provide you implementation services.

2.2  Responsibility. You understand that you will be responsible for the listing, offer, sale, license, procurement, fulfilment, payment terms for the offer and sale of Products and services to Buyers, and compliance with all applicable laws. The Company is not responsible for any warranties, technical support, returns or other activities relating to the provision and receipt of Products by Buyers.

2.3  Product Ratings and Reviews. The Company may implement a Products review and rating system in its own discretion and may post ratings and reviews based on Buyers’ feedback for Products. The Company reserves the right, at its sole discretion, to suspend or terminate any Vendor if a Vendor’s Product rating falls below certain standard ratings, as determined by the Company from time to time.

2.4  Defective or Unsafe Products. You agree that you will not list or offer and will promptly remove all listings for any Product that is recalled or if a Product poses any reasonable health or safety hazard. The Company has no responsibility or liability for the safety or performance of any Product or services that you list or offer using our Services.

2.5 Removal of Products. The Company reserves the right, in its sole discretion, to remove or suspend the sale of any Products or services from the Site, including to (a) in response to notices of alleged infringement of intellectual property claims, (b) due to your violation or breach of any term of these Terms or of any applicable law or regulation, or (c) due to any activities that may create liability for the Company. In each case, the Company will use commercially reasonable efforts to provide notice to you of removal of any Products or services from the Site.

3. BUYER TERMS

3.1  Who May Use the Services. By using the Services, you as a Buyer represent that you meet the requirements set forth at the Buyer Requirements Webpage and covenant that you will comply with the requirements set forth at the Buyer Requirements Webpage while you use the Services. If at any time you are no longer compliant with these Terms, including the Buyer Requirements Webpage, you will promptly notify us and you will suspend all affected activities on the Site.  You represent and warrant that you are authorized to use the Site and the Services and that you will comply with all applicable laws and regulations when you use the Site and the Services.

3.2   Products and services Offered through the Services. You understand that we do not manufacture, store, or inspect any of the Products or services listed or offered through our Services. The Products and services listed or offered on the Site are produced, listed, offered, licensed, and sold directly by independent Vendors. We do not warrant that Product or services descriptions are accurate, complete, reliable, current, or error-free. We cannot and do not make any warranties about the Products’ and services’ quality, safety, authenticity, efficacy, or their legality. If a Product or service itself is not as described by the Vendor, your sole remedy is to seek recourse from the Vendor, including any remedies for any breaches of warranties that a Vendor or Marketing Member may offer. Any legal claim related to a Product or services you purchase or license must be brought directly against the Vendor of the item that offered the service.

3.3  Disclaimer. While we may help facilitate the resolution of disputes through various programs, the Company has no control over, and does not guarantee the existence, quality, safety or legality of, Products or service advertised by the Vendors and Marketing Members; the truth or accuracy of content, listings or feedback; the ability of Vendors to list and offer the Products and Marketing Members to list and offer the services; or that a Vendor or Marketing Member will actually complete a transaction.

3.4  Payment. The Services permit you to purchase Products from Vendors. You acknowledge and agree that all information you provide with regards to license or purchase of Products, including credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide, including any credit card you provide when completing a transaction. When you license or purchase Products, you (a) agree to pay the price for such Products as set forth in the applicable Store, and all shipping and handling charges, and taxes in connection with your purchase, in each case, as applicable (the “Full Purchase Amount”), and (b) authorize the Vendor and its payment processor to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.

3.5 Changes and Pricing. Vendors and Marketing Members may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Products or services. The inclusion of any Products or services for purchase through the Site at a particular time does not imply or warrant that the Products or services will be available at any other time. Vendors reserve the right to change prices for Products and services displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Products or services prices to the Services and/or upon making the Buyer aware of the pricing error.


3.6 Manufacturer’s Warranty and Disclaimers. The availability of Products and services through the Services does not indicate an affiliation with or endorsement by us of any Products or services, the Buyers or any third parties related to the Products or services, including their manufacturer. Accordingly, we do not provide any warranties with respect to the Products or services.


4. SUPPORT SERVICES

4.1 Support Policy and Terms.
(a) The Company will provide standard technical support to Vendors for the Services via electronic mail on weekdays, with the exclusion of federal holidays (“Support Hours”). Vendors may initiate a helpdesk ticket any time by submitting a request to the help desk or emailing support@wellio.health. We will use commercially reasonable efforts to respond to all helpdesk tickets as soon as we can. For clarity, the support services do not extend to Products or services, which must be supported by Vendors.

5. PRIVACY POLICY
5.1 Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at LINK TO PRIVACY POLICY

6. RIGHTS WE GRANT YOU
6.1 Right to Use Services. We hereby permit you to use the Services only for the uses authorized by these Terms, and you must comply with these Terms in connection with all such use. If any software, content, data or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take.


6.2 Restrictions On Your Use of the Services.
You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

(a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;

(b) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;

(c) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;

(d) use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;

(e) access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;

(f) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;

(g) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;

(h) use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;

(i) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;

(j) submit, transmit, display, perform, post or store any content that is inaccurate, unlawful, defamatory, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable, use the Services for illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use the Services in a manner that is obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory, pornographic, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, defamatory, obscene or otherwise objectionable;

(k) sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of the Company and/or third parties;

(l) violate any applicable law, regulation, third-party rights or policies in connection with your access to or use of the Services; or

(m) access or use the Services in any way not expressly permitted by these Terms.

7. OWNERSHIP AND CONTENT

7.1 Ownership of the Stores, Products and Services. As between you and us, you own all right, title and interest in and to your Products, services and to any branding elements, Your Content (as defined below) and User Data (as defined below) you may post to your Store, though you do not own the Store, as that is made available by the Company as part of the Service.

7.2 Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that as between you and the Company, the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action inconsistent with such ownership interests.  We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including the exclusive right to create derivative works.

7.3 Ownership of Trademarks. The Company’s name, Wellio™, the Company’s logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

7.4 Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest that you may have in and to any
and all Feedback, and waive all moral rights you may have in such Feedback.

7.5 Your Content License Grant. In connection with your use of the Services if you are acting as a Vendor with a Store, you will be able to post or upload content to be made available through your Store via the Services or permit Buyers or prospective Buyers to post comments to your Store or communicate with you within your Store (collectively, “Your Content”). In such regard, in order to provide the Services, we must have the necessary licenses from you regarding Your Content. Accordingly, by using the Services and uploading or permitting the uploading of Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify Your Content but solely as required to be able to provide the Services. You agree that these rights and licenses are royalty free, and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.

7.6 User Data. The Company may access, reproduce, and use data or information you submit to the Services, generate from the Services or make available via your account, including data related to sales, performance and Site traffic (“User Data”). You agree that the Company may access reproduce, use and disclose User Data and aggregate, anonymous data regarding the Services, in order to provide the Services and support services, and further that the Company may retain and use anonymous data during and after the termination or expiration of these Terms to improve and market the Services.

7.7 Notice of Infringement – DMCA Policy. If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

(a) identification of the copyrighted work that is claimed to be infringed;

(b) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Site;

(c) information for our copyright agent to contact you, such as an address, telephone number and e-mail address;

(d) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;

(e) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and

(f) the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

Notices of copyright infringement claims should be sent by mail to: Wellio Health, 1326 Forest Avenue, Palo Alto CA 94301. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.

8. CONFIDENTIALITY

8.1 Definition of Confidential Information. The term “Confidential Information” means all confidential and proprietary information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including these Terms, the User Data, the Services, business and marketing plans, technology and technical information, product designs, and business processes. Confidential Information shall not include any information that: (i) is or becomes publicly available without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.

8.2 Confidentiality. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms, except with the Disclosing Party’s prior written permission. Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind, but in no event with less than reasonable care. If the Receiving Party is compelled by law or a government authority to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent practicable and legally permitted) and reasonable assistance, at Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.

8.3 Remedies. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of this Section 8, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that such unauthorized disclosure or use may cause irreparable harm to the Disclosing Party for which any other available remedies are inadequate.

9. THIRD PARTY SERVICE AND MATERIALS

9.1 Use of Third Party Materials in the Services. The Services may display, include or make available content, data, information, applications or materials from Third Parties Services, including via the individual Stores (collectively, “Third Party Materials”) or may provide links from the Stores to third party websites. Use of the Third Party Services is subject to the notices and terms set forth on Exhibit A. By using the Services, you acknowledge and agree that the Company and Third Party Services are not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of the Stores, or such Third Party Materials or websites. The Company and Third Party Services do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Product, Store, third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

10. WARRANTIES AND DISCLAIMERS

10.1 Limited Warranties. We warrant that the Services will generally be available to you 24 x 7 x 365 days, subject to scheduled periodic downtime. If the Services do not meet the warranty as provided in this Section 10.1, we will make commercially reasonable efforts to correct the nonconformity causing the failure in the Services. Your sole and exclusive remedy and our sole obligation to meet the warranty in this Section 10.1 will be our commercially reasonable efforts to remediate any identified issues in the Services.

10.2 Vendor and Marketing Member Warranties. You represent and warrant:

(a) You have the full right, power and authority to enter into and perform the obligations under these Terms;

(b) Your use of the Site, Stores and Services will comply with all applicable laws and regulations;

(c) You have obtained all permits, certifications, licenses, clearances, and approvals required by applicable laws for any Products or services that you list and offer on the Site, including in any Store, prior to being listed or offered on the Site;

(d) You have or own all necessary rights, including intellectual property rights and proprietary rights in and to the Products and services, to list, offer for sale and sell your Products or services; and

(e) If at any time your organization loses any required certifications, you will promptly notify us and you will suspend all affected activities as a Vendor or in regards to the affected Products or services on the Site.

10.3 Disclaimers.

(a) EXCEPT AS EXPRESSLY SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (THE “COMPANY ENTITIES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, Your Content, User Data and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.

(b) THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.

(c) YOU UNDERSTAND THAT THE COMPANY ENTITIES HAVE NO RESPONSIBILITY FOR THE PRODUCTS LISTED OR OFFERED VIA THE SERVICES. YOU HEREBY RELEASE ALL COMPANY ENTITIES FROM ANY CLAIMS RELATED TO THE SERVICE AND ANY PRODUCTS LISTED, OFFERED, SOLD, LICENSED OR OTHERWISE PROVIDED THROUGH OUR SERVICES, UNLESS ACTUALLY PROVIDED BY A COMPANY ENTITY AS A Vendor, INCLUDING FOR DEFECTIVE ITEMS, MISREPRESENTATIONS BY VendorS, MARKETING MEMBERS OR ITEMS THAT CAUSED PHYSICAL INJURY, INCLUDING PRODUCT LIABILITY CLAIMS.

(d) ALL ENGAGEMENT HEREIN SHALL BE GOVERNED BY BUSINESS ASSOCIATE AGREEMENTS AS NOTED IN 45 C.F.R. § 164.308; 45 C.F.R. § 164.504.

11. LIMITATIONS OF LIABILITY
11.1 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU OR TO ANYONE CLAIMING THROUGH OR UNDER YOU, FOR ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR FOR ANY INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES SHALL NOT EXCEED THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


12. INDEMNIFICATION
12.1 Vendor and Buyer Indemnification. By entering into these Terms and accessing or using the Services, you agree that you will defend, indemnify and hold us and our affiliates, employees, directors and agents (collectively “Company Indemnitees”) from and against any and all liabilities, losses, damages, costs and expenses (including reasonable attorneys’ fees) incurred by the Company Indemnitees arising out of or in connection with: (a) your violation or breach of any term of these Terms or of any applicable law or regulation; (b) your violation of any rights of any third party; (c) your use of the Services; (d) Your Content; (e) your negligence or willful misconduct; and (f) any issues that relate to the Products, including product liability.

13.  ARBITRATION AND CLASS ACTION WAIVER

13.1 Informal Process First. You agree that in the event of any dispute between you and the Company Entities, you will first contact the Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including any court action.

13.2 Arbitration. Except as set forth in this Section 13.2, each dispute, difference, controversy or claim arising in connection with or related or incidental to, or question occurring under, this Agreement or the subject matter hereof will be referred to and finally resolved by arbitration in accordance with the Rules of Arbitration (the “Rules”) of Judicial Arbitration and Mediation Services (“JAMS”), by an arbitral tribunal composed of three arbitrators, all of whom will have previous judicial experience, with each party appointing one arbitrator and the third arbitrator to be selected by mutual agreement of the two arbitrators appointed by the parties. The foregoing arbitration proceedings may be commenced by either party by notice to the other party. Unless otherwise agreed by the parties hereto, all such arbitration proceedings will be held in Palo Alto, CA, U.S.; provided, however, that proceedings may be conducted by telephone conference call with the consent of the parties and the arbitrator(s). All arbitration proceedings will be conducted in the English language. The arbitrator(s) will consider grants of equitable relief and orders for specific performance as co-equal remedies along with awards of monetary damages. The arbitrator(s) will have no authority to award punitive damages. The allocation of expenses of the arbitration, including reasonable attorney’s fees, will be determined by the arbitrator(s), or, in the absence of such determination, each party will pay its own expenses. The parties hereby agree that the arbitrator(s) has authority to issue rulings and orders regarding all procedural and evidentiary matters that the arbitrator(s) deem reasonable and necessary with or without petition therefore by the parties as well as the final ruling and judgment. All rulings by the arbitrator(s) will be final. Notwithstanding any contrary provision of this Agreement, any party may seek equitable measures of protection in the form of attachment of assets or injunctive relief (including specific performance and injunctive relief) in any matter relating to the proprietary rights and interests of either party from any court of competent jurisdiction, pending a decision by the arbitral tribunal in accordance with this Section 13.2. The parties hereby exclude any right of appeal to any court on the merits of such matter. The provisions of this Section 13.2 may be enforced and judgment on the award (including equitable remedies) granted in any arbitration hereunder may be entered in any court having jurisdiction over the award or any of the parties or any of their respective assets. Except to the extent necessary to confirm an award or as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of an arbitration without the prior written consent of both parties. The parties agree that, in the event of a dispute over the nature or quality of performance under this Agreement, neither party may terminate this Agreement until final resolution of the dispute through arbitration or other judicial determination. Nothing in this Section 13.2 will preclude either party from seeking interim or provisional relief from a court of competent jurisdiction, including a temporary restraining order, preliminary injunction or other interim equitable relief, concerning a dispute either prior to or during any arbitration if necessary to protect the interests of such party or to preserve the status quo pending the arbitration proceeding. Notwithstanding the parties’ agreement to arbitrate, unless the parties agree in writing in any particular case, claims and disputes between the parties relating to or arising out of, or for which resolution depends in whole or in part on a determination of the interpretation, scope, validity, enforceability or infringement of patent rights shall not be subject to arbitration under this Agreement, and the parties may pursue whatever rights and remedies may be available to them under law or equity, including litigation in a court of competent jurisdiction, with respect to such claims and disputes.


13.3 Jury Waiver. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES TO ARBITRATE AS SET FORTH IN SECTION 13.2. THIS WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.

13.4 Waiver of Class Actions and Class Arbitrations.

You and Company agree that each party may bring claims against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including federal or state class actions, or class arbitrations.
Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Company agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties.

13.5 Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, the Company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including fees for attorneys or expert witnesses.

13.6 Opt-Out. You have the right to opt-out and not be bound by the arbitration and waiver of class provisions set forth in these Terms by sending written notice of your decision to opt-out to Wellio Health, 1326 Forest Avenue, Palo Alto CA 94301. The notice must be sent to the Company within thirty (30) days of your registering to use the Services or agreeing to these Terms (or if this Section 13.6 is amended hereafter, within 30 days of such amendment being effective), otherwise you shall be bound to arbitrate disputes in accordance with these Terms, and the notice must specify your name and mailing address. If you opt-out of these arbitration provisions, the Company also will not be bound by them.


13.7 Exceptions. Notwithstanding anything in these Terms to the contrary, you may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains only in such court, and your claim remains on an individual, non-representative and non-class basis. Further, you and the Company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, or if the claim relates to intellectual property infringement or misappropriation.


14. ADDITIONAL PROVISIONS
14.1 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Site. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.

14.2 Termination of License and Your Account.
Either party may terminate its participation in the Services at any time upon thirty (30) days’ prior written notice to the other party. Either party may also immediately terminate these Terms with written notice to the other party upon the uncured material breach by the other party. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) at any time, with or without notice, if in the Company’s judgment you are in violation of any of these Terms. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of Your Content or User Data. The Company shall not be responsible for the failure to delete or deletion of Your Content or User Data. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.

14.3 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

14.4 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

14.5 Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

14.6 Miscellaneous. The Company will not be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises due to any Force Majeure Event. A “Force Majeure Event” is any event beyond the reasonable control of a party including natural disasters, acts of nature, power outages, epidemics, pandemics, lock-outs, strikes and/or labor disputes, acts of God, war, riot, civil commotion, overriding emergency procedures, fire, flood, lightning, drought, landslide, cyclone, hurricane, typhoon, tornado, explosion, earthquake, volcanic eruption, national emergency, storm, terrorist act, military action, famine, plague, shipwreck, action of a court or any governmental entity and infrastructure failings. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and the Company. There are no third-party beneficiaries to this Agreement. The section headings used herein are for reference only and shall not be read to have any legal effect. As used herein, “include” and its derivatives (including, “e.g.”) shall be deemed to mean “including, but not limited to.” The parties hereto agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of this Agreement. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 13, or if arbitration does not apply, then the state and federal courts located in Delaware. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. These Terms constitute the entire agreement of the parties with respect to the subject matter herein and therein, and supersede all prior discussions, understandings and agreements with respect to its subject matter.

14.7 How to Contact Us. You may contact us regarding the Services or these Terms at Wellio Health c/o Gunderson Dettmer 550 Allerton Street Redwood City, CA 94063 or by e-mail at hello@Wellio Health.

Privacy Policy

Wellio Health PRIVACY POLICY

Last Updated: 10/09/23

This Privacy Policy describes how Wellio Health (“we”, “us,” “our,” or the “Company”) collects, uses and discloses information about individuals who use our website (www.Wellio.health), applications, services, tools and features to provide the Wellio Health (collectively, the “Services”). The Services offer an online venue that connects Wellio Health to pediatric healthcare providers and other sellers selling products and services for pedatric healthcare applications to qualified pediatric healthcare providers and to collaborate and communicate with each other and such healthcare providers regarding the same. For the purposes of this Privacy Policy, “you” and “your” means anyone who use the Services, as well as any other individuals, including website visitors, whose information we have collected pursuant to this Privacy Policy. 

Please read this Privacy Policy carefully.  By using, accessing, or downloading any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy.  If you do not agree to this Privacy Policy, please do not use, access or download any of the Services.

1. CHANGES TO THIS PRIVACY POLICY

We may modify this Privacy Policy from time to time in which case we will update the “Last Updated” date at the top of this Privacy Policy. If we make material changes to the way in which we use information we collect, we will use reasonable efforts to notify you (such as by emailing you at the last email address you provided us, by posting notice of such changes on the Services, or by other means consistent with applicable law) and will take additional steps as required by applicable law.  If you do not agree to any updates to this Privacy Policy, please do not access or continue to use the Services.

2.  HOW WE COLLECT AND USE YOUR INFORMATION

When you access or use the Services, we collect certain categories of information about you from a variety of sources.

Information We Collect Directly from You

Some features of the Services may require or enable you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features. Information that you directly submit through our Services may include:

  • Basic identification details (e.g., name, address, phone number, email, institution, role, areas of interest and National Provider Identifier). We collect basic identification details to validate that you are a healthcare provider or are with a healthcare institution, communicate with you, provide you with products and services and market to you.

  • Account information (e.g., username, password, security questions). We collect account information to maintain and secure your account with us. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately.

  • Payment information (e.g., bank account number, credit or debit card information, billing address). We collect payment information to process your payment in order to provide you with products or services you have requested and, for sellers, to issue you payments.

  • For sellers, tax identification number (e.g. a business tax identification number or a taxpayer identification number). We collect tax identification numbers from sellers in order to issue payments and provide the Services.

  • Applicant details (e.g., information included in your resume or CV, references, job history). We collect applicant details to evaluate your candidacy and process your application for employment.

  • Any other information you choose to include in communications with us, for example, when sending a message through the Services.

Information We Collect Automatically

We also automatically collect certain information about your interaction with the Services (“Usage Data”). To do this, we may use cookies and web beacons (“Tracking Technologies”). Usage Data may include:

  • Device information (e.g., unique device identifier, device type, IP address, operating system)

  • Browser information (e.g., browser type)

  • Location information (e.g., approximate/precise geolocation)

  • Other information regarding your interaction with the Services (e.g., log data, date and time stamps, clickstream data, ad impressions

We use Usage Data to tailor features and content to you, market to you, run analytics and better understand user interaction with the Services. For more information on how we use Tracking Technologies and your choices, see our Cookies Policy https://wellio.health

Information We Obtain from Third Parties

Finally, we obtain information about you from third parties. Such information includes:

  • Information we collect by going directly to third parties, such as:

    • Consumer marketing databases or other data enrichment companies, such as LinkedIn. We use this information to better customize advertising and marketing to you.

  • Information that you choose to share with us through third parties, such as:

    • When you choose to link any social media platforms to your account, such as Facebook or Twitter.

Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party’s policies or practices. For more information, see the section below, Third Party Websites and Links.

In addition to the foregoing, we may use any of the above information to provide the Services, comply with any applicable legal obligations, to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

How We Use Your Information

The ways in which we may use your information include the following:

To provide you with the Services and other services you request.

  • To communicate with you and send you details or updates about features of the Services or changes to our policies.

  • To create anonymized and aggregated data sets that may be used for a variety of functions, including research, internal analysis, analytics, and other functions.

  • To personalize content and experiences.

  • To detect, investigate and prevent activities that may violate our policies or be illegal.

  • To optimize or improve the content, services, and features of the Services.

  • To monitor and analyze the Services usage and trends and otherwise measure the effectiveness of the Services.

  • To comply with our requirements under applicable law.

  • To send you offers and promotions for our other products and services.

 

3. COOKIES AND OTHER TRACKING TECHNOLOGIES

Most browsers accept cookies automatically, but you may be able to control the way in which your devices permit the use of Tracking Technologies. If you so choose, you may block or delete our cookies from your browser; however, blocking or deleting cookies may cause some of the Services, including certain features and general functionality, to work incorrectly. For more information, please refer to our Cookie Policy 

To opt out of tracking by Google Analytics, click here.

Your browser settings may allow you to transmit a “do not track” signal, “opt-out preference” signal, or other mechanism for exercising your choice regarding the collection of your information when you visit various websites.  Like many websites, our website is not designed to respond to such signals, and we do not use or disclose your information in any way that would legally require us to recognize opt-out preference signals. To learn more about “do not track” signals, you can visit http://www.allaboutdnt.com/.

4. HOW WE DISCLOSE YOUR INFORMATION

In certain circumstances, we may disclose your information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:

  • With our affiliates or otherwise within our corporate group

  • With vendors or other service providers (e.g., payment processors, data analytics vendors, cloud storage providers, fulfillment partners, IT service management vendors, email marketing services vendors, security vendors)

  • With third parties for marketing purposes

  • When you request us to share certain information with third parties, such as through your use of social media widgets or login integrations

  • In connection with or anticipation of an asset sale, merger, bankruptcy, or other business transaction

  • To comply with applicable law or any obligations thereunder, including cooperation with law enforcement, judicial orders, and regulatory inquiries

  • To enforce any applicable terms of service and ensure the safety and security of the Company and/or its users

  • With professional advisors, such as auditors, law firms, or accounting firms

To the extent required under applicable law, we will obtain your consent prior to sharing your personal information.

5.USER GENERATED CONTENT
The Services also host a review and rating platform on which you may be able to post or upload content. The purpose of these features is to ensure that buyers on the Services better understand the ratings of sellers and products prior to purchase. Through your participation, you may submit comments, messages, and photos (“User-Generated Content” or “UGC”). We or others may store, display, reproduce, publish, or otherwise use UGC, and may or may not attribute it to you. Others may also have access to UGC and may have the ability to share it with third parties. If you choose to submit UGC to any public area of the Services, your UGC will be considered “public” and will be accessible by anyone, including the Company.
Please note that we do not control who will have access to the information that you choose to make available to others, and cannot ensure that parties who have access to such information will respect your privacy or keep it secure.  We are not responsible for the privacy or security of any information that you make publicly available on the features permitting creation of UGC or what others do with information you share with them on such platforms.  We are not responsible for the accuracy, use or misuse of any UGC that you disclose or receive from third parties through the forums or email lists.


6. SOCIAL FEATURES
Certain features of the Services permit you to initiate interactions between the Services and third-party services or platforms, such as social networks (“Social Features”). Social Features include features that allow you to click and access our pages on certain third-party platforms, such as Facebook and Twitter, and from there to “like” or “share” our content on those platforms. Use of Social Features may entail a third party’s collection and/or use of your data. If you use Social Features or similar third-party services, information you post or otherwise make accessible may be publicly displayed by the third-party service you are using. Both the Company and the third party may have access to information about you and your use of both the Services and the third-party service. For more information on third-party services and platforms, see the section below, Third Party Websites and Links.


7.  THIRD PARTY WEBSITES AND LINKS

We may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of these sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms (such as Facebook or Twitter) may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

8. CHILDREN’S PRIVACY

Children under the age of 13 are not permitted to use the Services, and we do not seek or knowingly collect any personal information about children under 13 years of age. If we become aware that we have unknowingly collected information about a child under 13 years of age, we will make commercially reasonable efforts to delete such information. If you are the parent or guardian of a child under 13 years of age who has provided us with their personal information, you may contact us using the below information to request that it be deleted.

9.  PAYMENTS
We use third-party services for payment processing (e.g., payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their privacy policy. These payment processors adhere to the Payment Card Industry Data Security Standards (PCI DSS) as managed by the Payment Card Industry Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI DSS requirements help ensure the secure handling of payment information.


10. SECURITY AND RETENTION OF YOUR INFORMATION

Please be aware that, despite our reasonable efforts to protect your information, no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Any information you send to us electronically, while using the Services or otherwise interacting with us, may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.

We retain your information for as long as is reasonably necessary for the purposes specified in this Privacy Policy. When determining the length of time to retain your information, we consider various criteria, including whether we need the information to continue to provide you the Services, resolve a dispute, enforce our contractual agreements, prevent harm, promote safety, security and integrity, or protect ourselves, including our rights, property or products.

11. YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits users who are California residents to request and obtain from us information about their personally identifiable information we disclosed to third parties for direct marketing purposes in the preceding calendar year (if any). If you are a California resident and would like to make such a request, please submit your request in writing to support@Wellio.health.

Any California residents under the age of eighteen (18) who have registered to use the Services and who have posted content or information on the Services can request that such information be removed from the Services by contacting us at the e-mail or address set forth in the section below, How to Contact Us. Such request must state that they personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the California resident cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished the post, and archived copies of it may be stored by search engines and other parties that we do not control.

12. HOW TO CONTACT US

Should you have any questions about our privacy practices or this Privacy Policy, please email us at support@wellio.health or contact us at Wellio Health c/o Gunderson Dettmer 550 Allerton Street Redwood City, CA 94063.