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Legal

Wellcoin Terms of Service

1. Overview

1. It is the goal of Wellcoin, a Delaware corporation ("Wellcoin" or "us") to start a global social movement to improve healthy behavior.

2. The content at the Site (as defined below) does not necessarily represent the specific opinions or preferences of Wellcoin as an entity or its employees, directors, or investors.

3. The content at the Site is not meant to replace the advice of a professional and you should not rely on any information or suggestions here to replace consultations with qualified professionals regarding your own specific situation.

2. Introduction

The public website available at www.wellcoin.com (the "Site") is owned and operated by Wellcoin and is accessed by you under the following terms and conditions (the "Terms of Service"). By using and/or visiting the Site, you agree to (1) these Terms of Service, and (2) Wellcoin’s privacy policy which may be found at www.wellcoin.com/home/privacy. If you do not agree to either of these, please do not use the Site. Wellcoin’s acceptance is expressly conditioned on your assent to all the Terms of Service, to the exclusion of all other terms; if these Terms of Service are considered an offer by Wellcoin, acceptance is expressly limited to these terms. We may modify or terminate the services provided through the Site from time to time, for any reason, and without notice and without liability to you. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. We reserve the right to modify, delete from or terminate these Terms of Service, the Rewards Program (as defined below) and its rules, processes, regulations, Reward Partners (as defined below), and Rewards (as defined below) from time to time and with or without notice. Wellcoin may: (i) change the amount of Wellcoins in any Account; (ii) impose caps and/or fees on Wellcoins and/or on the redemption of Wellcoins; or (iii) cancel any Reward without notice. Your continued use of the Site after any posted modification to these Terms of Service indicates your acceptance of the modification. You should visit this page periodically because your continued use of the Site following the posting of changes to these Terms of Service constitutes your acceptance of those changes.

Any loss, damage, or delay in, or failure of, performance by Wellcoin shall not constitute a default under any of the services provided on the Site or give rise to any claim for any damages, except for damages that by applicable law cannot be disclaimed.

3. Account Registration; Personal Use Only

To register for the Rewards Program (as defined below), an individual must enroll to activate by visiting this Site and following the instructions for activating an Account (as defined below) on the Site. If you select a username for your Account, we reserve the right to remove or reclaim it if we believe appropriate. We reserve the right to refuse registration of, or to cancel, an Account, in our sole discretion. To the extent that you set up an Account, you agree to keep your contact information accurate and up-to-date, that your contact information is true and accurate and that your Account is solely for your, and not another’s, personal use.

4. The Wellcoin Rewards Program

The Wellcoin Rewards Program (the "Rewards Program") is the rewards program of Wellcoin that is utilized to increase the well-being of Participants (as defined below) and to promote certain healthful activities of Participants (as defined below) through the distribution of Wellcoins (as defined below). The Rewards Program is offered by Wellcoin in conjunction with certain Wellcoin Reward Partners (as defined below) who include, without limitation, certain manufacturers, retailers, municipalities, non-profit organizations and other third parties.

4.1 Definitions

1. "Account" means a record kept by Wellcoin of the Participant's accrued balance of Wellcoins as well as account credits and debits by the Participant and any and all data about the account that may be collected from the Participant or from third-parties. Each Account will have a unique account number assigned by Wellcoin. In addition, certain information regarding each Account will be viewable by other Participants.

2. "Good Standing" means the Participant (i) has registered on the Site, (ii) has not had his/her Account terminated by Wellcoin, (iii) has not been determined by Wellcoin to have engaged in any practices deliberately conducted in an attempt to accrue and/or redeem Wellcoins in any way that is not consistent with the rules or intent of the Rewards Program, (iv) has either earned or redeemed Wellcoins in the previous twelve (12) months, and (v) is not in default under these Terms of Service.

3. "Participant" or "you" means an individual adult (at least 18 years of age) who is resident in the United States and has registered in the Rewards Program (and who, thus, has an Account).

4. "Qualifying Act and Wellcoin Earning Transaction" means engaging in any specific actions offered by Wellcoin as a reward-earning opportunity for which the Participant receives a Wellcoins in an amount as specified by Wellcoin.

5. "Reward(s)" are issued by Wellcoin’s Reward Partners (as defined below) and offered and tendered to a Participant through the Wellcoin Store (as defined below) in exchange for Wellcoins, in an amount specified in each case by the Reward Partner. Rewards are subject to (i) availability, (ii) terms and conditions specified by the Reward Partners and/or as listed on the actual Rewards, including expiration dates, and (iii) may be subject to change at any time.

6. "Reward Partners", each a "Reward Partner", are entities and individuals that provide and/or redeem Rewards. The list of participating Reward Partners through the Wellcoin Store is subject to change at any time, and specific Rewards are not guaranteed to be available at all times. Reward Partners are not agents, employees, contractors, partners, or subcontractors of Wellcoin. Participation by any Reward Partner should not be taken as an endorsement, either express or implied, of the Reward Partner, as the case may be, or its products or services by Wellcoin.

7. "Wellcoins" represent a point value awarded to the Account for the performance by the Participant of Qualifying Acts and Wellcoin Earning Transactions, which may be redeemed by a Participant for Rewards so long as the Participant is in Good Standing. Wellcoins are, at all times, the property of Wellcoin.

8. "Wellcoin Store" means the location on the Site at which a Participant may exchange one or more Wellcoins for Rewards from Reward Partners.

4.2 Accruing Wellcoins and Redeeming Wellcoins for Rewards

1. A Participant shall be able to accrue an unlimited amount of Wellcoins.

2. Eligibility to accrue additional Wellcoins is restricted to Accounts in Good Standing. If the Account ceases to be in Good Standing (other than as a result of the Participant voluntarily terminating participation in the Rewards Programs), the Participant has twelve (12) months from the date thereof to redeem Wellcoins, after which the Wellcoins will terminate and the Participant will forfeit all accrued Wellcoins.

3. Wellcoins cannot be combined with Wellcoins from another Account unless specifically made available to a Participant under certain conditions that are set by Wellcoin, and are not redeemable for cash or any other form of currency or credit and have no fixed or ascertainable cash value.

4. Provided that the Account is in Good Standing, the Participant may redeem Wellcoins for Rewards through the Wellcoin Store by following the general directions therein. Upon redemption of a Reward through the Wellcoin Store, those Wellcoins used in such redemption will be debited from the Account.

5. In the event a Rewards Partner refuses to honor a Reward for any reason other than suspicion of theft or fraud, Wellcoin's sole obligation will be to ensure that the number of Wellcoins corresponding to the dishonored Reward is not debited from the corresponding Account by the refusing Rewards Partner. For the avoidance of doubt, Wellcoin’s only involvement in the redemption of a Wellcoin is through the hosting of the Wellcoin Store. Otherwise, such transaction should be treated as solely occurring between the Participant and Reward Partner. Notwithstanding the foregoing, Participants must promptly notify Wellcoin of any non-receipt of Reward redeemed through the Wellcoin Store from a Reward Partner. Upon receipt of such notification, Wellcoin may investigate, and may, in its sole discretion, take remedial action with respect to the Reward Partner.

5. Participant Conduct

You agree that you will:

1. Not create another Account without our permission if we disable your Account;

2. Not use your Account for your commercial gain--you may not use the Site to sell a product or service or to increase traffic to your website for commercial reasons, such as advertising sales, without our express written consent;

3. Not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account;

4. Not disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site content or use the Site to violate the security of any computer network, to crack passwords or security encryption codes;

5. Not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site content, or features that enforce limitations on the use of the Site;

6. Not use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

7. Not use the Site to violate any third-party right, including any breach of confidence, Not use any meta tags or any other "hidden text" utilizing a Wellcoin name, trademark or product name without Wellcoin’s express written consent; 8. Not attempt to gain unauthorized access to the Site, other Participant Accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;

8. Not use the Site to violate any third-party right, including any breach of confidence, Not record, process, or mine information about other Participants or collect or harvest any personally identifiable information, including Account usernames, or profile information, from the Site;

9. Not use the Site to violate any third-party right, including any breach of confidence, Not use, frame or utilize framing techniques to enclose any Site content (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Wellcoin's express written consent;

10. Not use the Site to violate any third-party right, including any breach of confidence, Not remove or modify any copyright, trademark or other notice of proprietary rights on the Site or on any materials printed or copied off of the Site;

11. Not use the Site to violate any third-party right, including any breach of confidence, Not use the Site to transmit or post Prohibited Content. “Prohibited Content” includes content that: (i) contains pornography, nudity, or sexually suggestive text or images; (ii) promotes racism, bigotry or hatred; (iii) harasses or promotes the harassment of another person; (iv) depicts or promotes violence; (v) solicits personal information from anyone under 18 years of age; (vi) violates the privacy or security of another person; (vii) constitutes or promotes or obscene behavior or illegal activity, including defamation; (viii) constitutes junk mail, chain letters, spam, advertisements, or unsolicited commercial mailings; (ix) includes images of another person that you have uploaded without that person's consent;

12. Not use the Site to violate any third-party right, including any breach of confidence, Not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or the content of others (including of other Participants);

13. Not use the Site to violate any third-party right, including any breach of confidence, Not use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with anyone else's use of the Site;

14. Not use the Site to violate any third-party right, including any breach of confidence, Not use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or otherwise;

15. Not use the Site to violate any third-party right, including any breach of confidence, Not use the Site for keyword spamming or to otherwise attempt to manipulate search results;

16. Not use the Site to violate any third-party right, including any breach of confidence, Not reverse engineer any portion of the Site, except as may be permitted under applicable law;

17. Not use the Site to violate any third-party right, including any breach of confidence, Not make unreasonably excessive traffic demands from the Site, which includes, without limitation, the use of any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site or use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to Wellcoin’s servers in a given period of time than a human could reasonably produce in the same period by using a conventional web browser or take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure;

18. Not use the Site to violate any third-party right, including any breach of confidence, Not use the Site or any content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");

19. Not use the Site to violate any third-party right, including any breach of confidence, Not engage in any practice deliberately conducted in an attempt to accrue and/or redeem Wellcoins in any way inconsistent with the rules or intent of the Rewards Program); or

20. Not use the Site to violate any third-party right, including any breach of confidence, Not otherwise use the Site in violation of any applicable law, regulation or ordinance.

Wellcoin Remedies

You acknowledge that we shall have the right, in our sole discretion, to take any or all of the following actions in connection with your violation of these Terms of Service:

1. Investigate an allegation that a communication(s) does not conform to the terms of the Terms of Service and determine in its sole discretion to remove or request the removal of the communication(s);

2. Investigate an allegation that a communication(s) does not conform to the terms Monitor, edit, or disclose any communication on the Site;

3. Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violates these Terms of Service;

4. Remove communications which are abusive, illegal, disruptive, or that otherwise fail to conform with these Terms of Service;

5. Terminate a Participant’s access to the Site upon any breach of these Terms of Service;

6. Terminate an individual’s status as a Participant upon any breach of these Terms of Service (see below for more detail); or

7. Terminate the Account and invalidate all Wellcoins accrued in that Account and any affiliated Accounts.

Upon termination of your Account for any of the reasons stated herein, your right to access and use the Site and any content will immediately cease. All provisions of these Terms of Service, which by their nature should survive termination, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnifications and limitations of liability.

6. Wellcoin's Intellectual Property

The Site and all Site materials including, but not limited to, the Wellcoin logos, trademarks, designs, text, graphics, images, audio and video clips, software, interactive features and other works of authorship and other material, and the selection and arrangement thereof (the "Content") are copyrighted by Wellcoin (except, as applicable, with respect to the intellectual property of a Rewards Partner) and are protected by United States and international intellectual property laws. You may display, copy, and download the Content for personal, non-commercial and informational use only provided that you may not (a) modify the Content or (b) remove or alter any copyright or other proprietary notices contained in the Content.

7. International Participants

Wellcoin makes no claim that any of the content of the Site is appropriate or may be lawfully viewed or downloaded outside of the United States. Access to the content of the Site may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction(s). Personal information ("Information") that is submitted to the Site may be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our privacy policy. If you are a non-U.S. Participant, you acknowledge and agree that Wellcoin may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction. If you do not consent to such transfer, you may not use this Site. These Terms of Service, or any provision hereof, are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

8. Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Site.

The content, including Participant Content (as defined herein), is provided to you "as is" for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited in any manner not intended by the normal functionality of the Site or otherwise as prohibited under this Agreement. "Participant Content" means Participant comments, communications suggestions, recommendations, reviews, and any other material posted by Participants on the Site.

You understand that when using the Site, you may be exposed to Participant Content from a variety of sources, and that Wellcoin is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Participant Content. You further understand and acknowledge that you may be exposed to Participant Content that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Wellcoin with respect thereto, and agree to indemnify and hold Wellcoin, its shareholders, directors, officers, operators, affiliates, and licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

9. Special Notice for Health

Content, such as text, graphics, images and other material contained on the Site are for informational purposes only. The Site’s content is not intended to be a substitute for professional advice (medical or otherwise), diagnosis, or treatment. You should not seek to perform any Qualifying Act and Wellcoin Earning Transaction in any manner without first consulting your medical doctor or another advisor who can opine to your suitability for taking action to perform a Qualifying Act and Wellcoin Earning Transaction. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. Wellcoin does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Wellcoin, Wellcoin’s employees, others appearing on the Site at the invitation of Wellcoin, or other visitors to the Site is solely at your own risk.

YOU PERFORM QUALIFYING ACT(S) AND WELLCOIN EARNING TRANSACTION(S) AT YOUR OWN RISK. AS STATED HEREIN, YOU SHOULD CONSULT YOUR MEDICAL PROFESSIONAL BEFORE SEEKING TO PERFORM QUALIFYING ACT(S) AND WELLCOIN EARNING TRANSACTION(S).

10. Participant Submissions

By submitting Participant Content, you grant Wellcoin and its subsidiaries and affiliates the royalty-free, perpetual, irrevocable, non-exclusive, worldwide, transferable right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise exploit the Participant Content (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Participant Content. You also warrant that the holder of any rights, including moral rights in such Participant Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any of the Site to access, display, view, store and reproduce such Participant Content for personal use. Subject to the foregoing, the owner of such Participant Content placed on the Site retains any and all rights that may exist in such Participant Content. Notwithstanding the generally irrevocable license you grant us regarding your Participant Content, if you are the holder of rights to submitted content and later change your mind and would like such Participant Content removed from the Site, you can contact us at info@wellcoin.com. We reserve the right to remove Participant Content from the Site for any reason or for no reason at all.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of your Participant Content and that any information that you disclose on the Site including, but not limited to, personal and sensitive information about you, is done at your own risk. You acknowledge that we shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any Participant Content that is submitted and/or displayed on the Site. You agree that you must evaluate, and bear all risks associated with the use of, any Participant Content, including any reliance on the accuracy, completeness, or usefulness of such Participant Content. If you delete Participant Content, you understand that your deleted Participant Content may persist in backup copies for a reasonable period of time (although it will not be available to other Participants).

If you are a copyright owner or an agent thereof and believe that any Participant Content or other content infringes upon your copyrights, you may contact us at info@wellcoin.com.

11. Warranty Disclaimer

You acknowledge that Wellcoin has no control over, and no duty to take any action regarding the following: (a) which users gain access to the Site; (b) what content you access via the Site; (c) what effects the content of the Site may have on you; (d) how you may interpret or use the content of the Site; or (e) what actions you may take as a result of having been exposed to the content of the Site. You release Wellcoin from all liability for your having acquired or not acquired content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate and Wellcoin makes no representations concerning any content contained in or accessed through the Site, and Wellcoin will not be responsible or liable for the accuracy, copyright compliance, legality or decency of content contained in or accessed through the Site.

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE THAT WELLCOIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WELLCOIN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 SITE. WELLCOIN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, REWARDS, OR ANY HYPERLINKED WEBSITE OR CONTENT FEATURED IN ANY ADVERTISING ON THE SITE, AND WELLCOIN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS, TO INCLUDE, WITHOUT LIMITATION, THE REWARD PARTNERS, OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. FURTHER, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WELLCOIN MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO THIS SITE OR ANY REWARDS, PRODUCTS OR SERVICES OBTAINED FROM ANY REWARD PARTNER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT ANY SUCH PRODUCT OR SERVICE WILL MEET THE REGISTERED PARTICIPANT'S REQUIREMENTS, THAT ANY SUCH PRODUCT OR SERVICE WILL BE TIMELY, FREE OF ERRORS OR WITHOUT DEFECTS, OR PROVIDED ON AN UNINTERRUPTED BASIS.

12. Limitation of Liability

IN NO EVENT SHALL WELLCOIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (F) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, (G) DIRECT DAMAGES IN EXCESS OF $100; WHETHER OR NOT WELLCOIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (H) REDEEMED REWARDS OR ANY OTHER PRODUCTS OR SERVICES, EVEN IF WELLCOIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT WELLCOIN SHALL NOT BE LIABLE FOR PARTICIPANT CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Wellcoin does not assume responsibility or liability for injury caused by the actions, products, or services of any Rewards Partner, and will not be liable or responsible for those performances, guarantees, warranties and representations, if any, offered by the US Postal Service, any third party service provider, or any Rewards Partner. If Wellcoin is held liable for any damages related to the redemption of a Reward or the actions or omissions of a Rewards Partner, the Participant's sole and exclusive remedy will be limited to receipt of the appropriate credit in Wellcoins to a his or her Account as determined by Wellcoin in its sole and absolute discretion.

The Site may contain links to third party websites that are not owned or controlled by Wellcoin, including websites with whom we may have a business relationship including, without limitation, those of Reward Partners. Wellcoin has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Wellcoin will not and cannot censor or edit the content of any third party website. By using the Site, you expressly relieve Wellcoin from any and all liability arising from your use of any third party website.

Wellcoin is not responsible for the consequences of any Participant Content at the Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately

13. Indemnity

You agree to defend, indemnify and hold harmless Welllcoin, its officers, directors, employees, agents, affiliates, parents and subsidiaries from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Participant Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.

14. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

15. General

The Rewards Program and these Terms of Service shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and Wellcoin that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Delaware. These Terms of Service, together with the privacy notice and any other legal notices published by Wellcoin on the Site, shall constitute the entire agreement between you and Wellcoin concerning the Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

Wellcoin will be responsible for utilizing commercially reasonable efforts to accurately account for accrual and redemption of Wellcoins. Without limiting the foregoing, Wellcoin reserves the right to (a) audit the Account at any time for compliance with these Terms of Service, without notice to the Participant, and (b) to change accrued Wellcoins totals without notification if such audit reveals errors, inaccuracies or miscalculations. If the Participant becomes aware of any discrepancy in their Wellcoin balances, accruals, redemptions or calculations, the Participant must notify Wellcoin promptly, but in no event more than thirty (30) days of the occurrence of such discrepancy. Otherwise, Wellcoin’s calculations will be deemed accurate and the Participant waives any claim for future adjustment or adjudication.

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Wellcoin’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind Wellcoin in any respect whatsoever. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wellcoin without restriction.

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Terms of Services or Wellcoin exclusively in a state or federal court located in Boston, Massachusetts. You agree to submit to the personal jurisdiction of the courts located in Suffolk County, Massachusetts for the purpose of litigating all such claims.

If you have questions regarding use, or if you have comments or suggestions regarding the Terms of Service, please email us at info@wellcoin.com.