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Terms and Conditions

Website Terms of Use

Last Modified: 2.28.20

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Meridian Wellness Corp. (a/k/a Welleum) (“Meridian,” “welleum,” “we,” or “us”). The following terms and conditions (these “Terms of Use”) govern your access to and use of this website, including any content, functionality, and products offered on or through the website (the “Site”). Please read the Terms of Use carefully before you start to use the Site. By using the Site you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.welleum.com/terms-and-conditions, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Site and meet all of the foregoing eligibility requirements.  We make no claims that the Site or any of its content is accessible or appropriate outside of the United States.  If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If you do not meet all of these requirements, you must not access or use the Site.

Changes to the Terms of Use and Site Changes

We may, at any time, for any reason, revise and update these Terms of Use in our sole discretion without notice to you. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section of these Terms of Use will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Site. Your continued use of the Site following the posting of revised Terms of Use constitutes your continued agreement to the then-current Terms of Use. We recommend you check this page frequently so you are aware of any changes, as they are binding on you.

Not Medical Advice

Meridian offers the information on this Site for general information and educational purposes only. The content on this Site is not intended for medical diagnosis or treatment. Always seek the advice of your doctor or other qualified health provider. Never disregard medical advice or delay seeking it because of something you have read on this Site. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

Registration Policy

[To access the Site or some of the resources it offers you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide is correct, current and complete and you shall maintain the accuracy of such information.] OR [In order to save information, such as your name and email address, on our Site for your convenience when you post or upload material on the Site, you may create a user account.] You agree that all information you provide to [register with this Site/create a user account] is governed by our Privacy Policy. When you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You are responsible for all use of your account or password by others. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provisions of these Terms of Use. If your account is suspended or terminated, for any reason, you may not create a new account.

Electronic Communications

By visiting the Site or by sending e-mails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. By submitting a telephone number to us you agree that a representative of Meridian can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you would like to opt out of receiving electronic communications from us you may do so by contacting us at contact@welleum.com or by using the unsubscribe functions at the bottom of our communications.

Intellectual Property Rights

The trademarks, service marks, trade names, and trade dress on and copyrights to the Site and the entire content of this Site (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Meridian or its content suppliers and protected by United States and international laws. Nothing in this Site grants you any license or right to use any trademark, service mark, trade name or logo, copyright, trade dress, or other content displayed on this Site without prior written permission of Meridian. Your use or misuse of any intellectual property displayed on or used in connection with this Site, or any other content on this Site, is strictly prohibited. This restriction includes copying, reproducing, or modifying any content of this Site for any purpose other than your own personal use.

We welcome any comments you may have regarding the Site. Any such comments or content you submit to us, such as remarks, suggestions, ideas, graphics, or other information, becomes and remains the exclusive property of Meridian, even if these Terms of Use or any other agreement you have entered into with us is later terminated or amended. We will not pay you or anyone else for any information that you provide which is used by us. Additionally, you acknowledge that you have full responsibility for any such submissions you make, including its legality, reliability, appropriateness, originality, and copyright.

User Contributions

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, upload, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.  All User Contributions must comply with the Content Standards set out in these Terms of Use.  Any User Contribution you post to the site will be considered nonconfidential and nonproprietary. By providing any User Contribution on the Site, you grant us and our licensees, successors, and assigns a non-exclusive, transferable, sublicensable, worldwide, irrevocable, royalty-free, perpetual license to use, copy, translate, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Contributions for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Meridian, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Meridian is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Termsof Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree that you will not use the Site in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries) or is otherwise prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site. You agree that you are responsible for your own conduct while using the Site and for any consequences thereof. You agree that Meridian shall decide, in its sole discretion, if your conduct violates any aspect of these Terms of Use and that Meridian may take whatever action it deems appropriate to address such violation, including without limitation notification of appropriate authorities and removal of your access to the Site.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Termsof Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Meridian.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy or publicity.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Infringement Claims

Infringement Notification Procedure. If you are an intellectual property rights owner or an agent thereof and believe that any content posted to this Site infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the work claimed to have been infringed, or, if multiple 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 the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such information should be sent to contact@welleum.com. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.

Counternotice. If you have had your content removed pursuant to the above take-down procedure, and believe that the content is not infringing, you may send a counternotice containing the following information to contact@welleum.com:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Washington, D.C., and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counternotice is received by Meridian, Meridian may send a copy of the counternotice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counternotice, at Meridian’s sole discretion.

Links to and from Third Party Websites

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

If you would like to link to our Site on another website, you may only do so on the basis that you link to, but do not replicate, any page of our Site, and subject to the following conditions:

  • You do not in any way imply that we are endorsing any services or products unless this has been specifically agreed to by us in writing;
  • You do not misrepresent your relationship with us or present any false information about us;
  • You do not link from a website that is not owned by you; and
  • Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the laws of the United States of America.

If you link our Site in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MERIDIAN NOR ANY PERSON ASSOCIATED WITH MERIDIAN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER MERIDIAN NOR ANYONE ASSOCIATED WITH MERIDIAN REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. MERIDIAN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL MERIDIAN, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Meridian, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, your use of the Site, your User Submissions or your use of any information obtained from the Site.

Governing Law and Jurisdiction

These Terms of Use are governed under the laws of the state of New York without regard to its conflict of law provisions.  Any claim, legal proceeding or litigation arising in connection with these Terms of Use shall be brought solely within the courts of the State of New York located in the County of New York and you hereby expressly waive any challenge to the jurisdiction of such courts.

Waiver and Severability

No waiver by Meridian of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Meridian to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Meridian with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Your Comments and Concerns

This Site is operated by Meridian Wellness Corp. located at 41 East 11th Street, New York, NY 10003.  All feedback, comments, requests for technical support and other communications relating to the Site should be directed to: contact@welleum.com

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