privacy policy

Wellbeing Monitor Inc. (“Wellbeing Monitor”) prioritizes the privacy of our users, and has developed this privacy policy to show our commitment to that and to explain how we use certain information ("Privacy Policy"). This Privacy Policy is intended to explain to you, as a user of Wellbeing Monitor or our services, what information we collect, how we use that information, with whom it may be shared, and your options about such uses and disclosures. If have any questions or suggestions regarding this Privacy Policy, please email us at info@Wellbeing Monitor.com.

Overview
The Wellbeing Monitor Wellbeing Monitor offers the ability for remote wellbeing management with participants via the Site and other related means. User and administrator interfaces are via applications on their preferred mobile devices (phone or tablet).

As a user of Wellbeing Monitor, you sign up for an account that suits your family’s or business’s requirements and then create a custom schedule of activities to mirror your relative’s or client’s daily routine (meals, medication, going to bed, napping, etc). When prompted, users (senior) simply click to confirm an activity has been completed. Wellbeing Monitor notifies the administrator (family member, caregiver, and so forth) whether or not the activity has been completed. Should your family member or client not respond to a scheduled event, a custom alert path notifies you via an internal application alert message, SMS message and/or e-mail, and can automatically send to multiple family members or caregivers should you provide alternate contact channels.

Services, including the Website and the Application, may be offered by Wellbeing Monitor itself or by a third party partner/service provider. Unless otherwise stated this Agreement applies to all Services.

Privacy Philosophies
Although our business and social network community have unique services and offerings, they share a similar privacy philosophy. Wellbeing Monitor follows these privacy principles in our conduct in the collection, use, release and security of Information both online and offline:

• Providing you NOTICE of our information practices.
• Giving you CHOICES about how your data will be used.
• Providing you the opportunity to UPDATE or CORRECT your personal information.
• Using information SECURITY safeguards.
• Limiting the SHARING of your information.
• Committing to COMPLYING with applicable privacy requirements.
• Providing you with means to CONTACT US about privacy-related issues.

Information We Collect About You
A. General. We collect your IP Address and personal information during the sign-up process. Users can access limited features of our website without disclosing personal information. However, in order to access our entire website, users must register for an account, which will provide the registrant with full access to our website. From time to time, you may be asked to submit personal information, including your proper name and at least one active e-mail address. Additionally, you may also have the opportunity to subscribe to any and all website newsletters regarding Wellbeing Monitor’s product news, services and special offers or events. If you do subscribe, you will also be able to unsubscribe to these newsletters at any time by updating registration account information online.

Our technology enables us to determine your IP Address of your computer and its geographic location from installing the Applications onto your computer, mobile device or through your GPS of your mobile device. This information is collected and used to determine your location and, consequently, which language the site should render in. If at any time you would like to uninstall our Applications, normal uninstall procedures can be performed with the browsers’ software extension or add-on functionality.

B. Other Information You Provide. We may also collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, and telephone number (if provided and applicable) and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information).

C. Information About Others. We may also collect and store personal information about other people that you provide to us, including the email addresses and/or IP addresses.

D. Storage and Transfer of Personally Identifiable Information. Wellbeing Monitor may store and process in the United States or any other country in which Wellbeing Monitor or its affiliates, subsidiaries, or agents maintain facilities. By using Wellbeing Monitor’s websites, you consent to any such transfer of information outside of your country.

How We Use the Information We Collect
A. General. Wellbeing Monitor collects and uses your personal information in order to

1. operate the websites and to deliver the services that you have requested;
2. dispatch alerts via an internal application alert message, SMS message and/or e-mail
3. manage your account and provide you with customer support;
4. enforce our terms and conditions;
5. manage our business and
6. perform functions as otherwise described to you at the time of collection.

The collection of your name, address, e-mail address, and phone number during account registration enables Wellbeing Monitor to identify users that use the mobile/tablet application and dispatch alerts via an internal application alert message, SMS message and/or e-mail. Information concerning your geographical location is used to determine if Wellbeing Monitor should provide regionalized information to its customers. Except as otherwise stated in this Privacy Policy, the personal information you provide on this website will not be shared with any third-parties, although Wellbeing Monitor reserves the right to share such information with its affiliates and subsidiaries without your permission.

Wellbeing Monitor provides links to send e-mail messages to this website for your convenience and your e-mail address is used so that this website may reply to your inquiry. Wellbeing Monitor tracks the pages on this website that our customers visit in order to determine which areas of the website are the most popular. This data is used to deliver customized content and advertising within the website to customers whose behavior indicates that they are interested in a particular subject area.

B. Financial Information. If Wellbeing Monitor collects your financial information, it may use your financial information or payment method to process payment for any purchases, subscriptions or sales made on our website, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.

With Whom We Share Your Information
A. General. We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our website or while using our services.

B. Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:

1. Authorized Service Providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include processing credit card payments, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting other features and promotions offered through our website. We will only provide these service providers with the limited information that they need to provide us with such services, including limited access to personal information needed to perform their functions. However, they are not permitted to share or use such information for any other purposes. When you enter into transactions with others or make payments on our website, we will share transaction information with only those third parties necessary to complete the transaction. We will require those third parties to agree to respect the privacy of your information.

2. Other Situations. We also may disclose your information:

  1. In response to a subpoena, court order, or other requests for cooperation from a law enforcement or other government agency (including civil and criminal matters); to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion. This may include respecting requests from jurisdictions outside of the United States if we have a good faith belief that response is required by law under the local laws in that jurisdiction, apply to users from that jurisdiction, and are consistent with generally accepted international standards. We may also share information when we have a good faith belief it is necessary to prevent illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our <Terms of Service>. This may include sharing information with other companies, lawyers, courts or other government entities where applicable.
  2. In connection with a substantial corporate transaction, such as the sale of our business, a merger, divestiture, consolidation, or asset sale; though in any event, any acquiring entity or other third party assignee will be bound by the terms of this Privacy Policy.
  3. To protect and defend the rights or property of Wellbeing Monitor or one of Wellbeing Monitor’s websites; and, act under exigent circumstances to protect the personal safety of users of Wellbeing Monitor, it’s websites, or the public.

Any third parties to whom we may disclose personal information may have their own privacy policies, which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.

About User-Generated-Content
We do not screen, filter or monitor user submissions to the website, nor do we scrape or glean personal information from any such submissions. To the extent that any video, comment or other user submission contains personal information (including name, likeness, email address, whether such information pertains to the submitter or someone else), such personal information may be viewed by authorized users of the website with whom you have shared that information, subject to our Terms of Service. We do not access to any of your personal content, and only use "meta" information to enable the successful operation of our service. (See "User Submissions" below).

Accessing Your Information
If you have an online account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.

If you have an online account with us, you also may choose to close your account at any time by emailing us at info@wellbeingmonitor.com. If you close your account, we may still retain certain information associated with your account for analytical purposes and record keeping requirements, as well as to prevent fraud, collect any fees owed, enforce our Terms of Service, or take other actions otherwise permitted by law.

Your Choices About Collection and Use of Your Information

  1. You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our website because such information may be required in order for you to register as a member; purchase products or services; ask a question; or initiate other transactions on our website.
  2. When you register on our website you may be given a choice as to whether you want to receive email notifications and/or newsletters. At any time you can choose to stop receiving notification emails by accessing your account settings or through the link at the bottom of the notification emails; and commercial or promotional emails or newsletters from us by clicking on your the link at the bottom of any of our emails. You will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them as long as your account is active. Please note that, changing information in your account, or otherwise opting out of receipt of promotional email communications will only affect future activities or communications from us. If we have already provided your information to a third party (such as a credit card processing partner or an event provider) before you have changed your preferences or updated your information, you may have to change you preferences directly with that third party.

Protecting Your Personal Information
We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. For example, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of your sensitive personal information between your system and ours. If you choose to create a profile on our websites or if you choose to register for an account, you will be required to select a password. This password can be changed at any time after you first log into the service by using your current password. You must keep your password confidential and you must not share this information with anyone. If you share a computer with anyone, you should always log out of the website before leaving it to prevent access to your information from subsequent users of that computer. There are, however, risks inherent in sharing information. Please be aware that no security measures are perfect or impenetrable. We cannot control the actions of any person with whom you share your information. Although we allow you to set privacy options that limit access to your information, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you share your information. We cannot guarantee that only authorized persons will view your information. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. We are not responsible for third party circumvention of any of our privacy settings or security measures. Please be careful and conscientious with whom you share your information and choose a strong password that you do not use for other services. For information about how to protect yourself against identity theft, please refer to the Federal Trade Commission's website at www.ftc.gov/bcp/menus/consumer/data.shtml.

Communities and Forums Offered on this Website
Any personally identifiable information or personally sensitive data that you disclose through the Communities, Forums, Message Boards, or other public online forums hosted on this website, may be collected and used by others. We recommend caution when giving out personal information to others in these public online forums. We encourage you to review the privacy statements of websites you choose to visit via hyper-links posted on this website so that you can understand how those websites collect, use and share your information. Wellbeing Monitor is not responsible for the privacy policies or other content on third-party websites accessed through its websites.

User Submissions
We may provide areas on our websites where you can post information about yourself, including your name and email address, communicate with others via video or text; upload content; and post comments. Such postings are governed by our Terms of Service. Also, whenever you voluntarily disclose personal information on the Website, that information will be available and can be collected and used by others who have authorized access to your content. We encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.

Children's Privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13. Should we ever do so, we will comply with the Children's Online Privacy Protection Act.

Wellbeing Monitor is a participant in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union. We have certified that we adhere to the Safe Harbor Privacy Principles agreed upon by the U.S. and the E.U. For more information about the Safe Harbor and to view our certification, visit the U.S. Department of Commerce's Safe Harbor website. If you would like more information about the Safe Harbor program, please visit the website at http://www.export.gov/safeharbor.

Visiting Our Websites from Outside the United States
This Privacy Policy is intended to cover collection of information on or via our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.

No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.

Changes to This Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "Last Updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by sending an email to the email address you most recently provided us in your account, profile or registration (unless we do not have such an email address), and/or by prominently posting notice of the changes on our website. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.

How to Contact Us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by email or postal mail as follows:

Wellbeing Monitor
3737 Glenwood Avenue Suite 100
Raleigh, North Carolina 27612
Email: info@wellbeingmonitor.com

Please e-mail Wellbeing Monitor at info@wellbeingmonitor.com if you have any questions about this Privacy Policy.

This Privacy Policy was last updated on August 30, 2013.

info@wellbeingmonitor.com

 

Terms of Service

Wellbeing Monitor Inc. operates the wellbeingmonitor.com website (the “Site”) in accordance with these terms of service (the "Terms of Service"). Any person wishing to access the Site whether to browse or use any of the services made available by us or our affiliates (the “Services”) must accept these Terms of Service as well as the Wellbeing Monitor Privacy Policy and any other policies, guidelines and instructions posted on the Site from time to time (collectively, this “Agreement”). For purpose of this Agreement, the terms “Wellbeing Monitor”, “Company”, “we” or “us” refer to Wellbeing Monitor Inc.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND THE PRIVACY POLICY OR OTHER POLICIES, GUIDELINES OR INSTRUCTIONS POSTED ON THE SITE, DO NOT USE THE SERVICES OR THE SITE.

We reserve the right to change any of the terms of this Agreement and in any policies, guidelines or instructions governing the Site or Services at any time and in our sole discretion. Any changes will be effective upon posting on the Site. You are responsible to periodically check for the most current terms that apply to your transactions on the Site.

YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO THE CHANGES, DO NOT CONTINUE TO USE THE SERVICES OR THE SITE.

Overview
The Wellbeing Monitor offers the ability for remote wellbeing management with participants via the Site and other related means. User and administrator interfaces are via applications on their preferred mobile devices (phone or tablet).

As a user of Wellbeing Monitor, you sign up for an account that suits your family’s or business’s requirements and then create a custom schedule of activities to mirror your relative’s or client’s daily routine (meals, medication, going to bed, napping, etc). When prompted, users (senior) simply click to confirm an activity has been completed. Wellbeing Monitor notifies the administrator (family member, caregiver, and so forth) whether or not the activity has been completed. Should your family member or client not respond to a scheduled event, a custom alert path notifies you via an internal application alert, SMS message and/or e-mail, and can automatically send to multiple family members or caregivers should you provide alternate contact channels.

Services, including the Website and the Application, may be offered by Wellbeing Monitor itself or by a third party partner/service provider. Unless otherwise stated this Agreement applies to all Services.

Wellbeing Monitor’s Code of Ethics
Visitors to the Site and users of Services will operate in a lawful, ethical and professional manner. Visitors and users shall conduct themselves in a fair, responsible and businesslike manner at all times and will avoid any discourteous, deceptive, misleading or unethical practices.

Examples of unethical or illegal activities include, but are not limited to the following:

• Forging a signature or signing on behalf of another;
• False, misleading or disparaging statements of any kind including but not limited to about Wellbeing Monitor or its affiliated entities or any person or entity using the Site or the Services;
• Any unauthorized use of the name, logo, trademark or copyrighted material of Wellbeing Monitor, its affiliated entities or any other person or entity;
• Violation of any federal, state or local laws or regulations;
• “Spamming” is the abuse of electronic messaging systems to indiscriminately send unsolicited bulk messages. While the most widely recognized from of spam is e-mail spam, the term is applied to similar abuse in other media such as but not limited to instant messaging, Usenet newsgroups, web search engines, spam in blogs, wiki spam, mobile phone messaging spam, Internet forum spam, and junk fax transmissions. Spamming is strictly prohibited by Wellbeing Monitor and will result in the immediate termination of your account. Spamming may also be illegal under applicable laws and may subject you to civil or criminal penalties.

Eligibility
The Site and the Services are not intended for use by children. You may only access the Site and use the Services if you are of legal age to lawfully form a binding contract. Regardless of your age, if you are prohibited from receiving Wellbeing Monitor Services under the laws of your country of residence or the laws of any other applicable jurisdiction you may not access or use the Site or the Services. If you are not at least 18 years old and do not have your parents' permission to use the Site you may not access the Site or use any Services. By using the Site or Services you affirm that you are 18 years of age or older or if you are under the age of 18 you affirm that you have parental consent.

Registration
You may browse the Site and view some content without registering but as a condition to using certain aspects of the Service you may be required to register with Wellbeing Monitor and select a password and screen name ("User ID"). You must provide Wellbeing Monitor with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement and may result in immediate termination of your account. In any case, Wellbeing Monitor reserves the right to refuse registration or cancel a User ID/Account in its sole discretion. You are solely responsible for activity that occurs on your account and are responsible for maintaining the confidentiality of your password and account information. You will immediately notify Wellbeing Monitor in writing of any unauthorized use of your account or any other account related security breach of which you are aware. You will NOT:

• use a User ID that incorporates a URL or name of another person with the intent to impersonate that person or that is otherwise subject to any rights of another person without appropriate authorization;
• use a User ID that incorporates a URL or name that is offensive, vulgar or obscene;
• use another user’s account without express permission;
• create accounts using automated methods;
• use the Site for any illegal activities; or
• use the Site for the distribution of unsolicited email ("spam") or any other malicious content.

Fees and Payments
Wellbeing Monitor Wellbeing Monitor is an automated software service, website, and mobile application. It allows individuals, users and administrators, to connect and communicate about the user’s day-to-day scheduled lifestyle events for the purposes of remote wellbeing.

An administrator signs up for the service via the website where they select a suitable service package on a monthly subscription basis to activate their account. Payment is automated on a monthly basis for as long as they continue to use the service (i.e. for as long as the account is live). The package they select will determine how many users they can have, and the level of functionality they receive.

When you use a Service that has a fee you have an opportunity to review and accept the fees that will be charged. Changes to fees charged by Wellbeing Monitor are effective after Wellbeing Monitor provides notice by posting the changes on the Site. Wellbeing Monitor may choose to temporarily change a fee for its Services for promotional events (for example, free trials) or new services and such changes are effective when Wellbeing Monitor posts the temporary promotional event or new Service on the Site.

You are responsible for paying all fees and applicable taxes associated with your use of the Site and the Services. In the event an account is removed for violating this Agreement any fees paid are non-refundable unless in its sole discretion Wellbeing Monitor determines that a refund is appropriate.

No Medical Services
Wellbeing Monitor provides the Services for informational purposes only. Administrators receive notification of when the user’s day-to-day activities are carried out as expected and are alerted when they are not, so they respond immediately in these instances and at any time should the user request emergency help. The Service does not contain or constitute, and should not be interpreted as, medical advice or opinion. Wellbeing Monitor is not a medical professional and does not provide medical services.

No Automated Querying
You may not send automated queries of any sort to Wellbeing Monitor's system without express permission in advance from Wellbeing Monitor. Note that "sending automated queries" includes, among other things:

• using any software which sends queries to Wellbeing Monitor to determine how a website or webpage "ranks" on the Site for various queries;
• "meta-searching" Wellbeing Monitor or the Site; and
• performing "offline" searches on the Site.

Please do not request permission to "meta-search" Wellbeing Monitor.com for a research project, as such requests will not be granted.

User Conduct

All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Site or the Services. Wellbeing Monitor does not control content posted and does not guarantee the accuracy, integrity or quality of content. In using the Site or the Services you may be exposed to content that you may find offensive, indecent or objectionable. Under no circumstances will Wellbeing Monitor be liable in any way for any content, including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted or otherwise made available via the Site or the Services.

Your use of software made available by Wellbeing Monitor is subject to any license agreement or user agreement that accompanies or is included with the software, the download and upload processes and documents that accompany the software (“License Terms”). In the event that software is provided on or through the Site and is not licensed for your use through License Terms specific to the software, you may use the software subject to the following: (a) the software may not be modified or altered in any way; and (b) the software may not be redistributed.

You agree NOT to use the Site or the Services to:

• upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that harm minors in any way;
• impersonate any person or entity, including, but not limited to, a Wellbeing Monitor representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or the Services;
• upload, post, email, transmit or otherwise make available any content that you do not have a legal right to make available ;
• upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation or promotion;
• upload, post, email, transmit or otherwise make available any material that contains malicious software;
• interfere with or disrupt the Site or Services or servers or networks connected to the Site or the Services;
• violate any applicable laws or any regulations having the force of law; or
• "stalk" or otherwise harass another person.

Wellbeing Monitor has the right (but not the obligation) in its sole discretion to screen, refuse, move or remove any content that violates this Agreement or is otherwise objectionable.

You bear all risks associated with the use of any content on the Site or in connection with the Services including any reliance on the accuracy, completeness, or usefulness of such content.

You acknowledge that Wellbeing Monitor may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the provisions of this Agreement; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Wellbeing Monitor, its users and the public.

The Services and software embodied within the Service may include security components that permit digital materials to be protected. The use of these materials is subject to usage rules set by Wellbeing Monitor and/or its technology providers. You may not attempt to override or circumvent any of the usage rules embedded in the Services.

Submitted Content
With regard to any content you publish on the Site or in connection with the Services Wellbeing Monitor has a royalty free, non-exclusive, irrevocable, perpetual and worldwide license, as long as authorship rights are applicable, to use and publish your content. Wellbeing Monitor’s rights in your content include, without limitation: (a) the right to distribute it; (b) the right to reproduce it; (c) the right to edit, change, paraphrase, correct, adapt, or translate it in whole or in part. (d) the right to add or remove information from it; and (e) the right to film, perform or publish it in any type of media. Your content will not be treated as confidential by Wellbeing Monitor except as expressly provided in the Wellbeing Monitor Privacy Policy.

Intellectual Property
All content included on the Site and in connection with the Services such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Wellbeing Monitor or its content suppliers and is protected by international copyright laws. All software used on this site is the property of Wellbeing Monitor or its software suppliers and is protected by international copyright laws. All of the trademarks, service marks, logos, brand and trade names appearing on the Site are the proprietary intellectual property of the owners of such marks, logos or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property. Wellbeing Monitor retains full ownership rights with respect to the Site and the Services including but not limited to design, functionality, and documentation. You may not copy, edit, or reproduce any part of the Site or the Services.

Copyright
The Digital Millennium Copyright Act provides protections to Wellbeing Monitor relating to material posted online at the discretion of users of the Site. If you are a copyright owner and believe that any content on the Site infringes your copyrights you may inform us by submitting a notice including the information listed below, by email to info@wellbeingmonitor.com or in writing addressed to:

Wellbeing Monitor Inc.
3737 Glenwood Avenue Suite 100
Raleigh, North Carolina 27612

• a specific description of the alleged infringement and the copyrighted work that you believe has been violated;
• the exact location of the infringing material on the Site;
• your contact information; and
• a statement by a person authorized to take action on behalf of the owner of the copyright certifying that the information provided is true and correct.

Indemnity and Defense
You will defend, indemnify and hold harmless Wellbeing Monitor and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) that arise out of or relate to: (i) your use of the Site or the Services; (ii) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (iii) any content you provide including but not limited to any actual or alleged infringement of any intellectual property or proprietary rights of any third party.

Limitation of Liability
Wellbeing Monitor will not be liable for direct or indirect damages of any kind, including without limitation incidental, punitive or consequential damage or loss arising out of or in connection with this Agreement, the Site, the Services, inability to use the Site or the Services, or resulting from any goods or services obtained or messages received or transactions entered into through the Site or the Services.

Disclaimer of Warranties

The Site and the Services are provided on an “as is” basis. Wellbeing Monitor makes no representations or warranties of any kind, express or implied, concerning the Site, the Services or the content thereof. To the fullest extent permissible under applicable law Wellbeing Monitor disclaims any and all such warranties including without limitation:

• Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
• That the Site or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error:
• That the information, content and materials included on the Site will be as represented;
• Any implied warranty arising from course of dealing or usage of trade; and
• Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of Wellbeing Monitor.

Third Party websites
The inclusion of any link on the Site or in connection with the Services does not imply that Wellbeing Monitor endorses, recommends or is affiliated with the linked website or organization. You are solely responsible for and assume all risk arising from your access to and/or use of any such linked websites.

Electronic Delivery of Notices
By using the Site or the Services you consent to electronically receive from Wellbeing Monitor any communications including notices, agreements, legally required disclosures or other information in connection with the Services. Wellbeing Monitor may also provide such notices by posting them on the Site. If you desire to withdraw your consent to receive notices electronically you must discontinue your use of Site and the Services.

Venue and Applicable Law
Wellbeing Monitor’s Site is created, operated and controlled by Wellbeing Monitor in the State of North Carolina, United States of America. The laws of the State of North Carolina govern this Agreement without giving effect to principles of conflicts of laws. Any action arising under this Agreement shall be brought only in courts located in Durham or Wake County, North Carolina, which shall have exclusive jurisdiction and you consent to the exclusive jurisdiction of such courts.

Waiver
Wellbeing Monitor will not be considered to have waived any of rights or remedies described in this Agreement unless the waiver is in writing and signed by Wellbeing Monitor. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Wellbeing Monitor's right to subsequently enforce such provision or any other provisions of this Agreement.

Relationship of Parties
Wellbeing Monitor is not your agent, fiduciary, trustee, or representative. Nothing expressed or implied in this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement is intended for the sole and exclusive benefit of Wellbeing Monitor and you.

Entire Agreement
This Agreement, including any provisions incorporated by reference constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.