By accessing or using any of the Services you agree to be bound by the Terms of Sections A and C which contain provisions applicable to all users of the Services, including casual visitors to the Site. If you choose to register for and create an account on the Site, you must also read and agree to be bound by the Terms set forth in Section B, in addition to the Terms of Section C, by checking the “I Accept” box set forth within the registration form.
For the purposes of this Agreement, “you” means you, the person using the Site, and, if applicable, the person that agrees to the Terms in Sections B and C when registering for an account. You and any persons that you authorize to use your account, are referred to in this Agreement as the “User.” “WellcomeMat,” “we” or “us” means WellcomeMat, LLC. In the case of inconsistencies between these Terms and information included in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence.
SECTION A – TERMS APPLICABLE TO UNREGISTERED USERS OF THE SITE.
1. Availability. WellcomeMat uses reasonable efforts to ensure that the Services are available 24 hours a day 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of WellcomeMat. WellcomeMat will use reasonable commercial efforts to take to minimize such disruption where it is within the reasonable control of WellcomeMat. You agree that WellcomeMat shall not be liable to you for any modification, suspension or discontinuance of the Service. You understand and agree that the Service is provided “AS-IS” without any warranty of any kind. You are responsible for obtaining access to any Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
2. Trademarks. All brand, product and service names used in the Services which identify WellcomeMat and wellcomemat.com are proprietary marks of WellcomeMat. All brand, product and service names used in the Services which identify third parties and their products and services are proprietary marks of such third parties. Nothing in the Services shall be deemed to confer on any person any license or right on the part of WellcomeMat or any third party with respect to any such image, logo or name.
3. Copyright. Unless otherwise stated in this Agreement or on the Site, WellcomeMat is the owner of all copyright and database rights in the Services and its contents. You may not publish, distribute, extract, reuse or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with these Terms.
4. Copyright, Other Proprietary and Privacy Protection for Other Users’ Content on the Site. WellcomeMat hereby notifies you that all the information, content, image files, software and materials on the Site may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You understand that WellcomeMat is unable to provide you with permission to copy display or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on the Site. WellcomeMat does not provide you with permission to access and view any content provided by other Users or third parties. WellcomeMat has the absolute right to terminate your account or exclude you from the Site if you use our Service to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold WellcomeMat harmless for any violation of this provision.
5. Copyright Violations. If you believe the copyright in your work has been violated through the use of this Site or the Services, please contact WellcomeMat at WellcomeMat, LLC, support[at]wellcomemat.com, or 1525 Quince Avenue, Boulder, CO 80304. You must provide WellcomeMat with the following information, which WellcomeMat may then forward to the alleged infringer: (a) identify the material on the Site that you believe infringes your work, with enough detail so that we may locate it on the Site; (b) provide your address, telephone number, and email address; (c) provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (d) provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and (e) provide your physical or electronic signature. Upon receiving your complaint, WellcomeMat may remove content that you believe infringes your copyright. In addition, WellcomeMat may terminate the account of the member who appears to be infringing anyone’s intellectual property rights.
6. External Links. From time to time WellcomeMat may provide links that will take you to third party web sites. These links are provided for your convenience only. If you decide to access linked web sites you do so at your own risk. WellcomeMat does not endorse or take responsibility for the content on other web sites or the availability of other web sites and you agree that WellcomeMat is not liable for any loss or damage that you may suffer by using other web sites.
7. Amendment of Terms. We reserve the right to amend any Terms agreed to by you from time to time without notice. Your continued use of the Site constitutes acceptance of any amendments, additions, or modifications to this Agreement.
8. Contact. WellcomeMat is located in Boulder, Colorado, USA. Any questions, comments or suggestions, including any report of violation of this Agreement should be provided to the Administrator as follows:
By E-mail: suppor[at]wellcomemat.com
By Fax: 303.459.4141
By Postal Mail: 1525 Quince Avenue, Boulder, Colorado 80304
SECTION B – TERMS APPLICABLE TO REGISTERED USERS OF THE SITE.
1. Registration. In consideration of your use of the Services, you represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Customer Data") and (b) maintain and promptly update the Customer Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WellcomeMat has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WellcomeMat has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). To purchase from or register as a member of the Service you must be 18 years or over.
2. Amendment of Terms. You agree that WellcomeMat retains the right to amend these Terms and the Site, including service offerings and prices at any time, for any reason, and without notice, and the right to terminate the Site or any part of the Site. You agree to review the posting of this Agreement at www.WellcomeMat.com periodically to be aware of such changes. Your continued use of the Site constitutes acceptance of any amendments, additions, or modifications to this Agreement. Any amendments or modifications made by WellcomeMat shall be prospective only. You will be bound by all such modifications, whether or not you have notice thereof. If you have created an account, we shall notify you of any material changes to these Terms by email sent to the address you have provided to WellcomeMat for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
3. Site License. WellcomeMat grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Site, including but not limited to its software products and Services used in the operation of the Site. The license in this section extends to the creation, storage (limit - 5 Gigabytes per Pro account) and viewing (limit - 5 Gigabytes of data transfer) of rich media (video/photos/text) marketing/advertising presentations, and tools/services to generate new business using the Site pursuant to the Terms of this Agreement. This license is exclusive to you and you may not sublicense the use of the Site or provide, disclose, distribute, transfer, or otherwise make available the Site to any individuals or entities that WellcomeMat has not specifically authorized to receive access to your account on the Site. WellcomeMat expressly retains all ownership rights, title and interest in and to all aspects of the software, Services and the Site, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site. You may not modify the Site, create derivative works of the Site, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Site that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Site only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of this Agreement for any reason.
4. Password. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WellcomeMat of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WellcomeMat cannot and will not be liable for any loss or damage arising from your failure to comply with this Section..
5. Pricing. The fees for the Services provided on the Site are posted on the Site. Fees are subject to change without notice. You agree to pay WellcomeMat all applicable fees for all Services provided by WellcomeMat under this Agreement. WellcomeMat will bill your credit card for all fees. Recurring charges are billed in advance of service. You agree to provide an automatic credit card payment authorization, which WellcomeMat will use to charge for all Services provided under this Agreement. You will (a) provide WellcomeMat with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information, and (b) immediately report to WellcomeMat all changes to this information. If the contact information you has provide is false or fraudulent, WellcomeMat reserves the right to terminate your access to the Services in addition to seeking any other legal remedies. WellcomeMat is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by WellcomeMat. All charges will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date.
6. Payment. All fees will be paid in U.S. dollars and are due as set forth on the Site. Any amount that is not paid when due will accrue a late fee of one and one half percent (1.5%) per month, or portion thereof, or the maximum rate permitted by applicable law, whichever is less, on any outstanding balance from the due date until paid, and you agree to pay all such late fees plus all expenses of collection. WellcomeMat’ fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on WellcomeMat’ income.
7. Copyright in Your Content. WellcomeMat does not claim ownership rights in any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials or content you or third parties make available or use in connection with the Site and the Services or used in connection with your account (“Content”). By enabling the submission of Content and accepting the consideration set forth in this Agreement, as consideration for our permitting you to use of the Site and the Services, you unconditionally grant to WellcomeMat a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable, right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property rights in the Content, to (a) reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Content in any medium or format, whether now known or hereafter discovered and (b) exercise any and all other present or future rights in the Content. For the sole purpose of enabling us to display your Content through the Service, you grant to WellcomeMat a non-exclusive, royalty-free license to use, copy, distribute, and display that content. You remain the owner of all Content that you submit to the Service and as a condition to your use of the Site and the Services, you represent and warrant to WellcomeMat that you are the owner of the copyright to Content you submit to the Service or that you have written permission from the copyright owner to submit such Content. In addition, you warrant that all moral rights in any Content have been waived. You agree to indemnify and hold WellcomeMat harmless for any violation of this provision.
8. Submissions. You may place Content on the Site only in accordance with the following limitations:
• Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law;
• Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) whose likenesses are displayed in the material;
• Any material sent from an anonymous or false address.
While WellcomeMat does not and cannot review all material on the Site, and is not responsible for its content, WellcomeMat reserves the right to remove, delete, move or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable. WellcomeMat will not be liable for the Content of any submission. You agree to indemnify and hold WellcomeMat harmless for any violation of this provision.
9. Third Party Software and Linking. Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. WellcomeMat makes no warranty with regard to the products or website of any other entity. WellcomeMat has no control over the content or availability of any third-party software or website. In particular, (a) WellcomeMat makes no warranty that any third-party software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) WellcomeMat notifies you that it is your responsibility to become familiar with any website's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
10. Monitoring of Content.
• To maintain the Site and to develop new and useful features and services;
• To follow a court order, subpoena, complaint or a lawful request from governmental authorities.
10.2 You acknowledge that WellcomeMat may not pre-screen Content, but that WellcomeMat and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, WellcomeMat and its designees shall have the right to remove any Content that violates any part of these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by WellcomeMat or submitted to WellcomeMat, including without limitation information in WellcomeMat Message Boards, and in all other parts of the Service.
10.3 You acknowledge, consent and agree that WellcomeMat may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of WellcomeMat, its users and the public.
10.4 You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
10.5 You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by WellcomeMat and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited
11.2 You may not obtain or seek to obtain access to materials on the Site for which your access is not authorized, including materials belonging to other users. Any attempt to circumvent firewalls or other security devices of the Site is a violation of this Agreement. You agree to indemnify and hold WellcomeMat harmless for any violation of this provision.
12. Suspension and Termination of Access and Membership. WellcomeMat reserves the right to suspend or terminate your account and use of the Site and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files or any other materials on the Site, at any time, without notice, for any reason, including but not limited to the following:
• Conduct that WellcomeMat believes is harmful to other users of WellcomeMat or the business of WellcomeMat or other third party information providers.
Further, you agree that WellcomeMat shall not be liable to you or any third party for any termination of your access to the Site. WellcomeMat reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WellcomeMat shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
14. Disclaimer Warranty. THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, WELLCOMEMAT MAKES NO WARRANTY THAT ITS SITE, INCLUDING THE SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING THE SERVICES WILL BE AVAILABLE, OR THAT DATA OR IMAGES ENTERED ARE SECURE FROM UNAUTHORIZED ACCESS. WELLCOMEMAT MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE WELLCOMEMAT SITE. NO ADVICE OR INFORMATION GIVEN BY WELLCOMEMAT, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.
15. Indemnification. You agree to indemnify and hold WellcomeMat, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms, or your violation of any rights of another.
SECTION C – TERMS APPLICABLE TO REGISTERED USERS AND UNREGISTERED USERS OF THE SITE.
1. Limitation of Liability.
1.2 IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, OR FEEL WELLCOMEMAT HAS BREACHED THESE TERMS AND CONDITIONS YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. THE TOTAL LIABILITY OF WELLCOMEMAT TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF EITHER THE AMOUNT PAID BY YOU FOR THE SERVICES IN QUESTION OR ONE HUNDRED DOLLARS (US$100) TOTAL. IT IS THE INTENTION OF BOTH OF US THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
1.3 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
2. Information. All Content provided is deemed reliable but is not guaranteed and should be independently verified. All real estate or local business advertising placed by anyone through the Service is subject to the U.S. Federal Fair Housing Act of 1968 as amended which makes it illegal to advertise "any preference, limitation or discrimination based on race, color, religion, sex, handicap, family status or national origin or an attention to make any such preference, limitation or discrimination." Local and foreign laws add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and perhaps other basis. Please check with your local government agency for more information. WellcomeMat will not knowingly accept any advertisement which is in violation of the law. User are hereby informed that, to WellcomeMat’s knowledge, all dwellings, under the jurisdiction of U.S. Federal regulations advertised in this service are available on an equal opportunity basis.
3. General. All Content provided is deemed reliable but is not guaranteed and should be independently verified. All real estate or local business advertising placed by anyone through the Service is subject to the U.S. Federal Fair Housing Act of 1968 as amended which makes it illegal to advertise "any preference, limitation or discrimination based on race, color, religion, sex, handicap, family status or national origin or an attention to make any such preference, limitation or discrimination." Local and foreign laws add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and perhaps other basis. Please check with your local government agency for more information. WellcomeMat will not knowingly accept any advertisement which is in violation of the law. User are hereby informed that, to WellcomeMat’s knowledge, all dwellings, under the jurisdiction of U.S. Federal regulations advertised in this service are available on an equal opportunity basis.
3.2 No Resale of Services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your WellcomeMat I.D.), use of the Service, or access to the Service.
3.3 Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and WellcomeMat as a result of this Agreement or use of the Service.
3.4 Enforcement. If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to receive its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive.
3.5 Force Majeure. WellcomeMat will be not liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond WellcomeMat’ reasonable control.
3.6 Waiver. The failure of WellcomeMat to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by WellcomeMat in writing.
3.7 Construction. The headings of Sections of the Agreement are for convenience and are not to be used in interpretation.
3.8 Entire Agreement. This Agreement constitutes the entire agreement between you and WellcomeMat and governs your use of the Site, superseding any prior agreements between you and WellcomeMat. The failure of WellcomeMat to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.