AbbyWells.com Website Terms of Use

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to this website (the “Site") located at www.abbywells.com, and all associated sites linked to www.abbywells.com by Abby Wells, Ph.D., LLC., its affiliates and subsidiaries. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

The Site is provided by Abby Wells, Ph.D., LLC. (hereafter, “Company”). Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time without notice. It is your responsibility to review these Terms of Use periodically for changes. Your continued use of the Site after the posting of any changes to these Terms of Use will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Company may do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) modify or change the Site, or any portion of the Site, for any reason; (3) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, or other changes; (4) delete or remove any content or user account without notice; and or (5) terminate any user access to the Site for any reason.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, contained on the Site is owned and controlled by or licensed to Company with all rights reserved, and is protected by trade dress, copyright, patent and trademark laws, and other intellectual property rights and unfair competition laws. The Site may also include trademarks, service marks, trade names, trade dress, product names, or logos of third parties. All of these trademarks, including book covers, are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Company’s express prior written consent.

You may print and use information on the Site (such as knowledge base articles and similar materials) purposely made available by Company for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

You agree to grant to the Site a non-exclusive, royalty-free, worldwide, and perpetual license to any materials and other information you submit to any public areas of the Site or by e-mail or message to the Site by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against the Site for any alleged or actual infringement or misappropriation of any proprietary right in your communications. Company does not share personal information with third-parties nor does Company store information collected about your visit to the Site for use other than to analyze content performance through the use of cookies, which you can turn off at anytime by modifying your internet browser's settings.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Company reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Company server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Company.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Company systems or networks, or any systems or networks connected to the Site or to Company, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Company on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others. You may not use this Site for any abusive or illegal purpose. You may not harm others in any way. You may not use the Site to perform any form of bullying, threatening, cyberstalking, intimidation, or any other type of harassment. Company reserves the right to contact appropriate legal authorities in the event that you are suspected to have performed such actions.

You may not use the Site in a manner that: (1) infringes on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy; (2) violates any law, statute, ordinance or regulation; (3) is defamatory, trade libelous, threatening, unlawfully harassing, indecent, abusive, obscene, or contains child pornography; (4) that you know contains viruses; (5) you know will materially damage, disable, overburden or impair the Site or any other party’s use of the Site; or (6) you know contains links to any sites that do any of the aforementioned prohibited acts. In addition, you are prohibited from using the Site to send spam, either directly or indirectly, or that in any way violates the CAN-SPAM Act of 2003, 15 U.S.C. 7701, as amended.

You also understand that the Site cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. Use of the Site and the Internet generally is at your own risk.

The site, including any content or information contained within it or any site-related service, is provided “as is”, with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of the Site, site-related services, and hyperlinked websites.

Company, its affiliates and subsidiaries, licensors and sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the Site, site-related services, content, or information contained within the Site, and/or any hyperlinked website. Your sole remedy for dissatisfaction with the Site, site-related services, and/or hyperlinked websites is to stop using the Site and/or those services.

Although Company attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Information contained on the Site may be changed and or updated without notice. Prices for products offered on the Site may change at any time. Company does not provide price protection or refunds in the event of a price reduction or promotional offering.In the event of inaccurate price or description of a product, Company will contact the customer with accurate information and/or price difference if the product has been purchased.

Privacy

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites

This Site may contain links to other independent third-party Websites (“Linked Sites”). Linked Sites are provided solely as a convenience to the Site users. Such Linked Sites are not under Company’s control, and Company is not responsible for and does not endorse the content of such Linked Sites, including but not limited to any information or materials contained on such Linked Sites. Inclusion of links to other sites or references to unaffiliated products should not be viewed as an endorsement of the content or use of the Linked sites nor as an acceptance of responsibility for the content of Linked Sites or unaffiliated products. Different terms and conditions may apply to your use of Linked Sites. You should review the policies and terms of use of Linked Sites. You are responsible for your own independent judgment regarding your interaction with Linked Sites, and it is your responsibility to take precautions to ensure that whatever you select for your use or download is free of items such as viruses, Trojan horses, worms, time bombs or other computer programming routines of a destructive nature.

Disclaimers

COMPANY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY COMPANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Limitation of Liability

Except when prohibited by law, in no event will Company, its affiliates, its licensors, its suppliers or any third parties mentioned at the Site be liable to you for any incidental, indirect, consequential, exemplary, or punitive damages, including lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Site even if Company has been advised of the possibility of such damages.

Indemnity

You agree to indemnify, defend and hold Company, its affiliates and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, licensors and service providers (“Indemnitees”) harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against Indemnitees by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Company may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Company’s rights or property, or the rights or property of visitors to or users of the Site, including Company’s customers. Company reserves the right at all times to disclose any information that Company deems necessary to comply with any applicable law, regulation, legal process or governmental request. Company also may disclose your information when Company determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Company may preserve any transmittal or communication by you with Company through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Company determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, and or (4) protect the rights, property or personal safety of Company, its employees, users of or visitors to the Site, and the public.

You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site at any time, for any reason or no reason. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company for which monetary damages would be inadequate, and you consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity.

If Company does take any legal action against you as a result of your violation of these Terms of Use, Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action in addition to any other relief granted to Company. You agree that Company will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

The laws of the State of Colorado govern these Terms of Use and your use of the Site. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflict of law provisions. You irrevocably agree to the personal jurisdiction by and venue in the state and federal courts located in Boulder County, Colorado, and waive any objection to such jurisdiction or venue. We recognize that it is possible for you to obtain access to the Site from any jurisdiction in the world, and we have no practical ability to prevent such access. If any material on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for your use. In such case, we ask you to not use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Company and you arising out of or in connection with your use of the Site, the parties shall attempt first, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed sixty (60) days), then the parties agree to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure.

Void Where Prohibited

Although access to this Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

No Unlawful or Prohibited Purpose

As a condition of your use of this Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.

Notification of Claimed Copyright Infringement

Company respects and expects its users to respect the rights of copyright holders. On notice, Company will act appropriately to remove content that infringes the copyright rights of others. If you believe that any content contained on the Site infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, email address, and/or telephone number; (e) a statement that you have 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 (f) 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. The DMCA requires that notifications of claimed copyright infringement should be sent to the Site’s Designated Agent:

By mail:

Abby Wells, Ph.D., LLC.

P.O. Box 425

Boulder, CO 80306

By email:

here

Miscellaneous

Those under 21 years of age should not use the Site except with adult supervision. The Site’s content, materials, and information should not be used in place of professional medical, legal, and/or psychological advice.

Terms of Use constitute the entire agreement between Company and you pertaining to the subject matter of these Terms of Use. Company may modify these Terms of Use, in its sole discretion, by posting the revised version on the Site. You agree that each visit by you to the Site is a new transaction governed by the Terms of Use posted on the Site at that time.

The information contained in and on the Site is subject to change without notice.

Copyright © 2019 Abby Wells, Ph.D., LLC. All rights reserved.

Terms of Use last modified on: May 21, 2019