Terms & Conditions


TERMS OF SERVICE

Welcome to the “She Well” website (my “Website”). Please read the following Terms of Service (“Terms”) and the Privacy Policy as they govern your access to and use of my Website. By using my Website, you accept these Terms and the Privacy Policy.

You may use the Website and its content only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. I, Rebecca Dickinson, owner of the Website, reserve the right to change these Terms at any time without prior notification. I invite you to review these Terms of Service periodically. If you do not agree with any such change, you must discontinue your use of the Website. By using the Website, you accept these changes.

PROPRIETY RIGHTS

The Website and its information and content including, without limitation, articles, recipes, dietary information, wellness information, fitness information, art work and illustrations, images, photographs, graphics, music, sound, software, and the HTML used to generate the pages (collectively, the “Content”) is owned by me (Rebecca Dickinson) or, in the case of content you can link to from this Website or other content owned by a third party and not assigned to Rebecca Dickinson (the “Third Party Content”), by the owner of such content. With the exception of Third Party Content, all right, title, and interest in and to the Website and the Content are and will remain the exclusive property of Rebecca Dickinson and Third Party Content will remain the exclusive property of its owner. The Content is protected by copyright, trademark, trade dress, and other intellectual property laws of both the United States and foreign countries. Any use of this Website or its Content other than for personal noncommercial purposes is strictly prohibited. You may not copy, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, any of the Content, or the Website without my prior written consent or the consent of the owner of such Third Party Content. I reserve all rights not expressly granted in and to the Content. I have the right to claim ownership at any time of the Content published on the Website (unless owned by another third party as provided herein) and to oppose any use of the Content that I have not expressly permitted.

Nothing in the Terms gives you a right to use the trademark “She Well” or any of my trademarks, logos, domain names, trade secrets, and other distinctive brand features without my prior written approval each of which shall remain my exclusive property

RELIANCE ON INFORMATION POSTED

The Website’s Content is made available solely for general information purposes. I do not warrant the accuracy, completeness or usefulness of the Content. Any reliance you place on such information is strictly at your own risk. Please consult my Medical Disclaimer for further information.

The Website may contain content created by third parties, information obtained from public sources and/or links to external websites operated by third parties (“Third Party Content”). I do not have any control and cannot monitor such Third Party Content and will not be responsible or liable for the accuracy, completeness security, legality or reliability of any Third Party Content. Access to any Third Party Content is at your own risk. I will have no liability to you for any loss or damage that you may suffer arising out of or related to your access or use of, or reliance on, any Third Party Content.

TERMINATION

COMMENTS

The Website may contain comment forums and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons comments, content or materials (collectively, “User Comments”) through the Website. User Comments are entirely voluntary and will be considered non- confidential and non-proprietary. Upon submission, User Comments and shall be, and remain, my exclusive property. By providing User Comments on the Website, you grant me and my affiliates and service providers, and each of my and their respective licensees, successors and assignees, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You are responsible for any User Comment that you submit to the comment forums and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. I reserve the right to report any violation of these provisions to applicable legal authorities. Notwithstanding the foregoing, I shall have no obligation to monitor or respond to User Comments or pay compensation of any kind. I reserve the right to delete any Content or User Comment for any reason at any time, without prior notice.

These Terms are effective unless and until terminated by either party. You may end your legal agreement with me at any time for any reason by discontinuing your use of the Website but your other obligations contained herein shall continue following such termination.

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, I DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.

I MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT (OR ANY THIRD PARTY WEBSITE LINKED TO THE WEBSITE) AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR

A. ANY ERRORS, MISTAKES OR OMISSIONS IN ANY CONTENT OR ANY INFORMATION POSTED ON WEBSITES FOR WHICH I PROVIDE A LINK;

  1. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;

  2. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE;

  3. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR

ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR A LINKED WEBSITE.

LIMITATION OF LIABILITY

TO THE MAXIUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL I BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS OR REVENUES WHATSOEVER RESULTING FROM ANY OF THE FOLLOWING:

  1. ANY ERRORS, MISTAKES OR OMISSIONS IN ANY CONTENT OR ANY INFORMATION POSTED ON WEBSITES FOR WHICH I PROVIDE A LINK;

  2. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;

  3. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE;

  4. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR;

  5. ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE

    AVAILABLE VIA THE WEBSITE.

YOU SPECIFICALLY ACKNOWLEDGE THAT I SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY WHETHER ON THIS WEBSITE OR A SITE LINKED TO THIS WEBSITE AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The limitation of liability will survive these Terms and your use of our Website.

INDEMNITY

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold me harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from (i) your use of the Website, (ii) your violation of the Terms or the Privacy Policy, or (iii) your violation of any third party right.

CONTROLLING LAW AND JURISDICTION

These Terms and any action related thereto will be governed by the laws of the Commonwealth of Massachusetts without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website will be brought solely in the federal or state courts located in Norfolk County Massachusetts and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.