TERMS OF SERVICE
Last Updated: August 10, 2022
Terms of Service
BY USING, ACCESSING, VIEWING, CRAWLING, SCRAPING, OR BROWSING THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. PLEASE TAKE TIME TO READ THROUGH IT, AND TERMINATE SUCH USE, ACCESS, VIEWING, CRAWLING, SCRAPING, OR BROWSING IF YOU ARE UNWILLING OR UNABLE TO COMPLY WITH THIS AGREEMENT.
- “Use” means engaging in any of the following activities: accessing, viewing, crawling, scraping, engaging with, browsing or otherwise utilizing the Service or its Content.
- “User” means any person or entity that engages in any Use.
- “Content” means any materials, content or form of input or communication on the Service, such as text, audio, and visuals such as images, videos, and photos.
- “Member” means a User who has been accepted for membership with the Service and can access member-only features.
- Eligibility. You affirm that you are over 21 years of age or possess the consent of your legal parent or guardian to enter into this Agreement, and that you are fully able and competent to enter into this Agreement and to comply with its terms. The Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
- Changes to the Agreement. This Agreement may be modified from time to time. Notification of these modifications will be made through the posting of an updated version on the Service. Be sure to revisit this Agreement often in order to stay knowledgeable of any modifications, as they will automatically be binding on you as a User. Any modifications to this Agreement will take effect immediately upon posting. Your continued Use of the Service after modifications have been posted serves as an indication of your acceptance of the modifications and your agreement to comply with them.
- Service Availability and Restrictions on Access. We reserve the right to make updates, revisions and modifications to the Service at any time, for any reason, at our discretion. The Service may be discontinued at any time without notice, accountability, or liability. We reserve the right to use any means necessary to prevent unauthorized access to the Service. We are not responsible to monitor any Users or Your Content. However, if we have reason to suspect that the Agreement has been violated, we reserve the right to investigate the incident and the Users we believe are involved and block such Users from the Service.
- Ownership. The Service, its Content and the information which it contains is our property and/or the property of our affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. We reserve all rights not expressly granted in and to the Service and the Content.
- Use of the Service; Registration and Membership.
- A. Usernames, Passwords and Screen Names; Interaction with the Service. Some or all of the materials available on Service may require prior registration, an application for membership, or a paid membership to access. You will be solely responsible for maintaining the confidentiality of any username and password used to access the Service, and will be fully responsible for all activities that occur under your username, password and/or account. You agree that you will immediately notify us of any actual or suspected unauthorized use of your username, password and/or account, or any other breach of security. In any event, you will be solely responsible for your use of and interaction with the Service (including without limitation for any information you may submit to us via email).
- B. Submission of Personal Information. When you register with the Service, make updates to your information, or submit a membership application to the Service, you will be required to provide certain personal information. You represent and warrant that all information that you submit or make available to us is true, accurate and complete, and that you will update this information promptly when it changes. If we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access the Service or any material for which registration, membership application or membership is required.
- C. Usage of Third Party perks/Benefits for Members: The codes and redemption instructions that are provided to members for our partner brands are for Members only. You are not allowed to share the information with any 3rd party.
- E. Testimonials. If you submit testimonials to us, you hereby grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable, transferable, irrevocable license and right to use, publish, reproduce, distribute, prepare derivative works of, display, and perform such testimonials (in whole or in part), in any form, media, or technology now known or later developed.
- F. Membership; With respect to individuals, YOU HEREBY FOREVER WAIVE, AND AGREE TO RELEASE US, ALL OTHER USERS AND MEMBERS, AND ALL PARTIES RELATED THERETO, FROM ANY AND ALL LIABILITY FROM INJURY, LOSS, COST, EXPENSE, DISSATISFACTION, HARM OR DAMAGE OF ANY KIND RESULTING FROM ANY PURCHASE FROM OUR PARTNER BRANDS VIA LINKS ON OUR SITE AND IN GENERAL. ANY ISSUE ARISING FROM ANY PURCHASE FROM ANY BRAND OR PRODUCT OR SERVICE WE RECOMMEND WILL BE RESOLVED BETWEEN YOU AND THE BRAND.
- Restrictions on Use. During the term of your Membership, you are granted permission to access and view the Service You agree to comply with the terms and conditions of this Agreement, and with all applicable local, national, and international laws and regulations. You agree to conduct yourself in a professional manner at all times. You agree that you will NOT participate or engage in, nor encourage or aid others to participate or engage in, directly of indirectly, any of the following activities.
- Using the Service, engaging in any activities or posting any Content that violates, infringes or misappropriates any third party’s intellectual property right, right of privacy or publicity, right of confidentiality, or other personal or proprietary right;
- Modifying, reproducing or copying the Service or its Content; attempting to decompile, disassemble, distribute, translate, adapt or reverse engineer any software, Content or elements contained on the Service or create any derivative works therefrom; removing any copyright or other proprietary notations from the Service; or transferring the Content to another person or “mirroring” the Content on any other server;
- Impersonating any person or organization;
- Without our prior written approval, Using the Service for commercial or promotional purposes;
- Using the Service for keyword spamming or attempting to influence organic search results;
- Using the Service to crack passwords or security encryption codes, disrupt, work around or interfere with security measures, or otherwise use the Service for any purpose that interferes with security or causes harm to the Service or Content;
- Use the Service or Content as a means of transmitting destructive items such as viruses, worms, Trojan horses, or any devices, software or routine designed to interfere with the proper working order of the Service or Users’ computers or devices, or perform data mining;
- Attempting to access, index, or retrieve Content or the purpose of populating another database through the use of any automated device, robot, spider, or site search/retrieval application. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy public-facing materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such public-facing materials, but not caches or archives of such materials;
- Attempting to gain unlicensed admission to the Service, any of its computer systems or networks connected thereto by means of hacking, password mining, or any other illegal or unethical means;
- Reformatting or framing any part of the Service;
- Imposing a load that is unreasonable or too large on the Service’s infrastructure, or make unnecessary traffic demands.
- Your Content
- A. If you provide feedback to us regarding the Service, Content, or any other matters (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose. You represent and warrant that your Feedback does not contain any materials, Content or information that are confidential or proprietary to any third parties.
- Content Feeds. From time to time, certain Content from the Service (excluding contact information of Members, recruiters and hiring firms) may be made accessible to Users through Real Simple Syndication (RSS), Atom feeds and/or other feed functionality (the “Feeds”). Feeds may not be used for commercial purposes. Any display of feeds on your web site must also offer conspicuous links to applicable pages of the Service, with acknowledgment to the Service as the original source. You must not suggest, through use or display of Feeds, that we or the Service endorse or support any third-party causes, websites, products or services. You must not redistribute Feeds. Your use of the Feeds must comply with this Agreement including but not limited to the restrictions in Section 7
- A. You may discontinue your Use of the Service at any time. If you are a Member, you may discontinue your membership by sending an email to [email protected] and requesting that your account be closed. Please include your name and email address associated with the Service, in your account closure request. Following closure of your account, you must cease Use of the Service.
- B. We reserve the right to suspend or revoke (temporarily or permanently) your Use of the Service at any time and for any reason, without notice or liability. If we suspect that you have violated any provision of this Agreement, we may also seek any other available legal remedy. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. You remain solely liable for all obligations related to your Use, even after you have stopped using the Service.
- C. We reserve the right to decide whether Your Content is appropriate.
- D. All Sections that, by their nature, are intended to survive termination or expiration of this Agreement, shall so survive (including without limitation Sections 1, 3, 4, 5, 6E, 6F, 7, 8B, 8C, 9, 10D and 11 through 15).
- Copyright Notices. We will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that its Content is being displayed on or through the Service in a manner that constitutes copyright infringement (such person or entity, a “Complainant”) and sends to us a properly submitted copyright notice as indicated below, we will investigate, and if we determine, in our discretion, that the material is infringing, we will remove the Content (and may terminate the access of the User who posted such Content to the Service, where applicable, in the case of Users who are repeat infringers). All notices claiming an infringement of copyright rights must contain the following:
- (i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included.
- (ii) A statement specifically identifying the location of the infringing material, with enough detail that we may find it on the Service. Please note: it is not sufficient to merely provide a top level URL.
- (iii) The complete name, address, telephone number and e-mail address of Complainant.
- (iv) A statement stating that Complainant has a good faith belief that the use of the material is not authorized by the owner of the rights, their agents, or by law.
- (v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed;
- (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.
Our contact information for notice of alleged copyright infringement is:
Clean Plates Omnimedia, Inc c/o WellzyPerks
733 3rd Ave New York, NY 10017
- Warranties, Disclaimers, and Limitations of Liability.
- A. NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, ARE MADE BY US AS TO (1) THE SERVICE OR ITS OPERATION OR FUNCTIONALITY, (2) THE SAFETY, USEFULNESS, LEGALITY, QUALITY, COMPLETENESS, INTEGRITY AND ACCURACY AND NON-INFRINGEMENT OF ANY CONTENT OR MATERIAL ON THE SERVICE, (3) THE ACTIONS OR OMISSIONS OF ANY OTHER USERS OF THE SERVICE, OR THE INTERACTION BETWEEN OR AMONG USERS ON THE SERVICE; OR (4) ANY ADVERTISEMENTS, PRODUCTS OR SERVICES POSTED, PROMOTED, DISTRIBUTED OR SOLD BY ADVERTISERS OR THIRD PARTIES ON THE SERVICE. ALL CONTENT CONTAINED ON THE SERVICE IS MADE AVAILABLE ON AN “AS IS” BASIS.
- B. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- C. WE DO NOT ACCEPT, AND EXPRESSLY DISCLAIM, ALL LIABILITY FOR LOSSES OR DAMAGE ARISING FROM YOUR DEALINGS OR COMMUNICATIONS WITH MEMBERS, BUSINESSES OR ADVERTISERS WHO POST, MAKE AVAILABLE OR DISTRIBUTE ANY CONTENT OR ADVERTISING ON THE SERVICE. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND OTHER USERS, THIRD-PARTY ADVERTISERS, OR PROVIDERS 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.
- D. IN NO EVENT SHALL WE OR OUR AFFILIATES, PARENTS, SUBSIDIARIES, MANAGERS, MEMBERS, EMPLOYEES, DIRECTORS, OFFICERS, LICENSORS, SUPPLIERS OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE, THE CONTENT, YOUR CONTENT, ANY JOB OPPORTUNITIES OR PRODUCTS OR SERVICES AVAILABLE OR ADVERTISED ON THE SERVICE, OR YOUR DEALINGS OR COMMUNICATIONS WITH THE USERS, BUSINESSES OR ADVERTISERS WHO POST, MAKE AVAILABLE OR DISTRIBUTE ANY CONTENT OR ADVERTISING ON THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL ANY OF THE RELEASED PARTIES BE LIABLE FOR REPUTATIONAL HARM, LOST PROFITS, LOST WAGES, LOSS OF GOODWILL OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS APPLY TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
- E. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OR THIRD PARTY BRANDS, YOU RELEASE THE RELEASED PARTIES FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
- F. CALIFORNIA RESIDENTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
- G. OUR MAXIMUM TOTAL LIABILITY (AND THAT OF OUR AFFILIATES, PARENTS, SUBSIDIARIES, MANAGERS, MEMBERS, EMPLOYEES, DIRECTORS, OFFICERS, LICENSORS, SUPPLIERS AND AGENTS) TO YOU FOR ANY CLAIM UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNTS PAID BY YOU TO US FOR USE OF THE SERVICE DURING THE ONE (1) MONTH PRIOR TO THE DATE ON WHICH THE CLAIM AROSE, OR (II) $25.00.
- H. THE ABOVE ALLOCATION OF RISK IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 12 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- I. THE SERVICE IS CONTROLLED AND OFFERED BY US FROM OUR FACILITIES IN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THEIR LOCAL LAW.
- Indemnity. You will indemnify, defend and hold harmless us and our parents, subsidiaries, licensors, affiliates, suppliers and partners, and the officers, employees, agents and representatives of each of them from and against any and all costs, liabilities, obligations, damages, losses, debts and expenses (including reasonable legal fees and costs) arising from or related to: (i) your Use of the Service, (ii) Your Content; (iii) your violation of any of the terms and conditions in this Agreement, and/or (iv) any infringement or violation by you or a third party that may be using your account of any intellectual property right, proprietary right or other right of any person or entity. You may not settle any claim without our prior written consent. This defense and indemnification obligation will survive this Agreement and your termination of Use of the Service.
- Miscellaneous. This Agreement is governed and interpreted pursuant to the laws of the State of Delaware, United States of America, notwithstanding any principles of conflicts of law. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Delaware, for all matters arising under this Agreement. You and us agree to bring any dispute on an individual basis only, and not as a class or collective action. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by us as described above. This Agreement does not provide you with the authority to bind us in any way whatsoever. No waiver shall be constituted due to a failure on our part to exercise or enforce any of the rights or provisions outlined within this Agreement. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. You shall not assign this Agreement. Any assignment made in violation of this Agreement will be void. We reserve the right to transfer or assign these Terms of Service or the Agreement without restriction. You agree that regardless of any statute or law to the contrary, any claim or cause of action against us arising out of or related to use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. All notices to us in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows or to such other address as we may designate pursuant to this notice provision.
Notices to us shall be sent via email to [email protected] or to the following mailing address:
Clean Plates Omnimedia, Inc c/o WellzyPerks
733 3rd Avenue New York, NY 10017
Notices to you may be sent via email to the email address you have provided as part of your registration information.