WellVisor, Inc. and its officers, directors, shareholders, employees, agents, representatives, contractors, suppliers and service providers (collectively, “WellVisor”) provides this website (the “Site”) for informational purposes only. Use of and access to the Site and the information, materials, services, and other content available on or through the Site (collectively, “Content”) are subject to these terms of use and all applicable laws.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named WellVisor
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Georgia, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to WellVisor, Inc, 885 Woodstock Road 430-390, Roswell GA 30075.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Goods refer to the items offered for sale on the Service.
In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Application.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
This Site does not provide medical advice. All Content contained on this Site (such as text, treatments, outcomes, charts, profiles, graphics, photographs, images, advice, messages and any other materials) is for informational purposes only, is neither advice nor a guarantee of outcome. The Content is not intended to be complete or exhaustive, or to be applicable to any specific individual’s medical condition. The Content is not a substitute for professional medical advice, diagnosis or treatment. Persons visiting this Site should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment. Never ignore professional medical advice in seeking treatment because of information you have read on this Site. If you are in the U.S. and believe you may have a medical emergency, immediately call your doctor or dial 911. Do not rely on electronic communications or communication through this Site for medical needs.
Please note that regular exercise is not always without risk, even for healthy individuals. Certain types of exercise are riskier than others, and all exercise may be risky for some individuals. Similarly, certain dietary recommendations may be healthy for a majority of individuals, but potentially dangerous to others. You are responsible for your own health and safety at all times. As such, by visiting and using this Site, you agree that you have been assessed by a qualified medical professional (such as your doctor), who has given you consent to take part in physical activity.
The Content is for informational purposes only, and none of the Content is investment, financial, tax, accounting, legal or other professional advice. Nothing contained on this Site constitutes a solicitation, recommendation, endorsement, or offer by WellVisor or any third party service provider to buy or sell any securities or other financial instruments. Nothing in this Site constitutes professional and/or financial advice, nor does any Content constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. WellVisor is not a fiduciary by virtue of any person’s use of or access to the Site or its Content. You assume the sole responsibility of evaluating the merits and risks associated with the use of any Content (regarding investment, financial, tax, accounting, legal or other matters) before making any decisions based on such Content. In exchange for using the Site, you agree not to hold WellVisor or any third party service provider liable for any possible claim for damages arising from any decision you make based on the Content made available to you through the Site.
While information on this Site is gathered and shared from reputable sources, WellVisor is not responsible for errors or omissions in reporting or explanation. No individual should use the information, resources or tools contained in this Site to self-diagnose or self-treat any health- or fitness-related condition or disease. This Site and its Content are provided “as is,” and WellVisor gives no assurance or warranty of any kind (and expressly disclaims any such warranties, express or implied) regarding the accuracy, timeliness or applicability of the Content (including, without limitation, any warranty of merchantability or fitness for a particular purpose), and assumes no duty to correct or update this Site or to resolve or clarify any inconsistent information that may be part of this Site. You assume full responsibility for using the information on this Site, and you understand and agree that WellVisor is not responsible or liable for any claim, loss or damage resulting from its use by you or any user.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site or its Content is or remains secure, complete or correct, or that access to the Site will be uninterrupted or error- or virus-free. Third parties may make unauthorized alterations to the Site or its Content; WellVisor does not guarantee against unauthorized users or hackers attempting to obtain access to this website.
Your exclusive remedy for dissatisfaction with the Site or the Content is to cease using the Site and its Content. WellVisor is not liable for any direct, indirect, incidental, consequential, special or punitive damages, under any theory or liability (including, without limitation, damages for lost profits or damages of any kind resulting from your use of or inability to use the Site or its Content).
By accessing and using the Site and its Content, you agree to indemnify, defend and hold harmless WellVisor (specifically including its officers, directors, owners, partners, employees, contractors, agents, information providers, licensors and licensees) (collectively, the “Indemnified Parties”) from and against any and all claims, losses, costs and expenses (including attorneys’ fees) arising out of or relating to (a) any breach (or claim, that if true, would be a breach) by you of these terms and conditions, and (b) your use of or activities in connection with this Site. WellVisor reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.
This Site may contain hyperlinks to web sites operated by third parties. When you select these links, you will be leaving this Site. WellVisor has no control over such external sites or their content, and is not responsible for the availability of such sites or their content. WellVisor does not adopt or endorse, and is not responsible or liable for, any such external sites or content, including advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without WellVisor’ authorization. WellVisor does not endorse such sites and shall not be responsible or liable for any links from those sites to the Site, or for any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. WellVisor may, in its sole discretion, block links to this Site without prior notice. Your use of third party websites and content, including without limitation, your use of any information, data, advertising, products or other materials on or available through such other websites, is at your own risk and subject to the terms of use of such other websites.
WellVisor’ website utilizes different technologies to collect, store, and aggregate data about website usage. We may use electronic tags called “cookies” to help us understand and analyze use of our site. This work is either performed directly by us or by a third party we engage to assist us. We collect information about which pages have been accessed and for how long, the country the user accesses the site from, and certain technical information regarding the user’s computer and operating systems, such as user Internet protocol address, domain name and browser. Cookies provide a secure way for WellVisor to verify user identity during a session and any return visits, to enable us to personalize a user’s experience on our sites, and to help enhance site navigation. Cookies also help us to understand how people use our sites so we can improve site functionality.
When a user comes to the website, our server sends a cookie to the user’s computer. Cookies do not identify the user personally; they merely recognize the user’s browser. Generally, personally identifiable information is obtained by us only when a user decides to provide it, such as when requesting additional information via email or providing personal information. A user can choose to have its computer issue a warning each time a cookie is being sent, or a user can choose to turn off all cookies. The management of cookies generally is handled through the user’s browser settings.
By using the Site, you agree to acceptance of our Privacy Policy.
You agree to be bound by any affirmation, assent or agreement that you transmit on or through the Site or any other aspect of WellVisor’ services that you access by computer or other electronic device, including internet, telephonic and wireless devices (including without limitation, any consent you give to receive communications from us solely through electronic transmission). You agree that, when in the future you click on a “Submit” or “I agree” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable, and the legal equivalent of your handwritten signature.
You are permitted to use the Site and its Content for your personal, non-commercial use only. The Site and its Content are and shall remain the property of WellVisor and are protected by copyright, trademark, patent and/or other intellectual property, proprietary, work product rights and laws. You may use the Site and its Content as described herein, provided that you keep intact all copyright, trademark, patent and other proprietary notices. Except as expressly authorized in advance by WellVisor in writing, you agree not to reproduce, modify or create derivative works based on (or lease, loan, sell, distribute, publish, publicly perform or display, reverse engineer, de-compile or dissemble), all or any part of the Site or its Content.
Trade names, trademarks and service marks of WellVisor include, without limitation, WellVisor and any associated logos. All trademarks and service marks on the Site not owned by WellVisor are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of WellVisor’ trade names, trademarks or service marks without our express prior written consent.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at info@wellvisor.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our copyright agent via email at info@wellvisor.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.
More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.
In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.
If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
WellVisor, in its sole discretion, may terminate your access to or use of the Site and its Content, at any time and for any reason, with or without notice. WellVisor shall not be liable to you or any third party for any termination of your access to the Site or its Content, or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
This Site is controlled and operated by WellVisor from the United States, and is not intended to subject WellVisor to the laws or jurisdiction of any country or territory other than that of the United States. In choosing to access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability to any person, geographic area or jurisdiction.
WellVisor may amend the terms of use at any time in its discretion, by posting revisions on the Site.
If you have any questions about these Terms and Conditions, You can contact us: