Terms and Conditions
Terms of Use
The Te-Ame.com website (the “Site”) is owned and operated by WellGen, Inc. (“WellGen”), and is provided to you subject to the following Terms and of Use. If you do not agree to all of the terms, please do not use the Site.
WellGen, Inc. supplies all information posted on this web site. While we try to maintain current and accurate information, like any other service, in spite of our best efforts the information in this web site may become out of date over time. Nothing on this web site should be construed as the giving of advice or the making of a recommendation and it should not be relied on as the basis for any decision or action. It is important that you rely only on the advice of a health care professional to advise you on your specific situation. WellGen accepts no liability for the accuracy or completeness or use of, nor any liability to update, the information contained on this web site. These materials are provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Changes to the Terms of Use
WellGen may, in its sole discretion, change, add or remove any portion of the Terms of Use, at any time, by posting new Terms of Use on the Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changes.
Modifications to the Site
WellGen reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability. WellGen may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
User Conduct
You warrant and agree that, while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials or information which: (1) are inaccurate, unlawful, threatening, harassing or profane, (2) restrict or inhibit any other user from using and enjoying the Site, (3) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (4) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
Despite the prohibitions against posting inaccurate or inappropriate information, users may nonetheless post inaccurate, inappropriate, offensive or sexually explicit materials, products or services, and WellGen assumes no responsibility or liability for this material. If you become aware of any misuse of the Site, please contact WellGen at .
The Site is for your personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by WellGen.
User Content
You are solely responsible for the content and context of any materials or information you post or submit through the Site. You warrant and agree that: (1) you own or control all applicable rights to or have obtained permission to use all materials you post on the Site, and (2) the posting of your materials does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or other rights of any person or entity. You agree to pay any royalties, fees and other monies owed to any person or entity related to the materials posted by you on the Site. By posting materials on the Site, you grant to WellGen an irrevocable, perpetual, worldwide, royalty-free, non-exclusive, sublicenseable and transferrable license to use, reproduce, distribute, prepare derivative works of, display, perform, reformat, excerpt (in whole or part) and translate your materials for any purpose in connection with the Site, WellGen’s (and its successors’ and affiliates’) business and the promotion thereof, or any other purpose in any media format and through any media channels, and to grant and authorize sublicenses of the foregoing. By posting materials on the Site, you also grant each Site user an irrevocable, perpetual, worldwide, royalty-free and non-exclusive license to access your materials through the Site, and to use, reproduce, distribute, display and perform such materials as permitted by the Terms of Use. You agree that WellGen may retain archival copies of materials that have been removed or deleted.
Submissions
All remarks, submissions, ideas, concepts, pictures or other information you submit to the Site are will become the exclusive property of WellGen. WellGen will not be required to treat any submission as confidential, and will be entitled to use all submissions for any purpose whatsoever, without any compensation to you.
Intellectual Property
You acknowledge and agree that all content and materials available on the Site, including but not limited to the WellGen and Te Ame names and logos, are protected by intellectual property and other laws. Except as expressly authorized by WellGen or the appropriate party, any use, copy, reproduction, display, performance, modification or retransmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on the Site on any single computer for your personal non-commercial use, provided you keep intact all proprietary and other notices.
In appropriate circumstances and at its sole discretion, WellGen may suspend or terminate the access of and take other action against users who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify WellGen by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512):
· A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WellGen to locate the material;
· Information reasonably sufficient to permit WellGen to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
· A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notification should be sent to WellGen’s copyright agent:
Irene Weston
WellGen, Inc.
675 US Highway One
North Brunswick, NJ 08902
732-565-3890
732-565-3896
info@wellgen.com
Note: Only copyright infringement complaints should be sent to the agent. No other communications sent to the agent will be accepted or responded to. To contact WellGen on other matters, please email .
Monitoring
You agree that WellGen has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site, including but not limited to bulletin boards, e-mail and other forums. Notwithstanding this right, WellGen does not and cannot review all materials posted to the Site by users and WellGen is not responsible for any such materials posted by users.
Account Information
You agree that you will provide accurate information when creating an account on the Site and that you will keep your information up-to-date. You must be at least 18 years of age to create an account and your account may be terminated without warning if we believe that you are under 18 years of age.
Password
You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.
Fees
WellGen or other companies may charge you fees for products or services offered for sale on the Site. You agree to pay all fees and charges, including applicable taxes, incurred by you and through your account.
Privacy
Please see our Privacy Policy for an explanation of our online information practices with regards to information submitted to the Site.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WELLGEN DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WELLGEN BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF OR THE INABILITY TO USE THE SITE, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF WELLGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF WELLGEN TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED $100 IN THE AGGREGATE.
Indemnification
You shall indemnify, defend and hold WellGen, its officers, directors, employees, agents, licensee, successors and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by an Indemnified Party in connection with any claims arising out of, based upon or resulting from (1) your use of the Site, (2) any breach or violation by you of the Terms of Use, (3) your dispute with another user, or (4) any unauthorized access to any password-protected area of the Site using your password. WellGen reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of WellGen.
Termination
The Terms of Use constitute a binding agreement between you and WellGen until terminated by you or WellGen, which WellGen may do at any time, without notice, in WellGen’s sole discretion. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site.
Choice of Law; Dispute Resolution
This Agreement shall be governed by and in accordance with the laws of the State of New Jersey, without regard to conflicts of laws provisions. Any controversy involving WellGen arising from or in any way related to the Terms of Use or your use of the Site shall be heard in the appropriate State or Federal court in Middlesex County, New Jersey and you irrevocably consent to the jurisdiction of such courts.
Notices and Disclosures
Except as explicitly stated otherwise, any notices shall be given by e-mail to WellGen at EMAIL ADDRESS [LINK] or to you at the e-mail address you provide to WellGen. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
General Provisions
If any provision of the Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect. The failure by either you or WellGen to exercise or enforce any rights or provisions of the Terms of Use shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms of Use comprise the entire agreement between you and WellGen and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of the Terms of Use.
Contact Information
If you have any questions regarding the Terms of Use, please feel free to contact WellGen by e-mail at .
