End User License Agreement

Please read this End User License Agreement (this "EULA" or "Agreement") carefully before using any of the services on this website.

I. THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME ("Terms"), ARE A BINDING CONTRACT BETWEEN WELLNESS FOUNDRY HOLDING OY, BUSINESS ID 2204392-5, OR ITS AFFILIATED ORGANIZATIONS ("WELLNESS FOUNDRY", "us," or "we"), AND YOU ("you").
YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THIS PORTAL OR WEBSITE (the "Site") OR ANY SOFTWARE, TOOLS, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, THE "SERVICE"). BY USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

II. THIS SITE AND ITS SERVICES ARE FOR CONSUMER EDUCATIONAL USE ONLY.
NOTHING CONTAINED IN THIS SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. WE ADVISE USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS.

III. OTHER THAN AS EXPRESSLY AGREED BETWEEN YOU AND YOUR WELLNESS PROFESSIONAL (as hereinafter defined), YOU AGREE THAT NO HEALTH INFORMATION PROVIDED BY OUR ONLINE SERVICES WILL BE USED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY MEDICAL CONDITION WITHOUT CONSULTING A LICENSED PHYSICIAN AND ANY SUCH ADVICE OR INFORMATION SHALL BE PROVIDED BY YOUR WELLNESS PROFESSIONAL AND WELLNESS FOUNDRY IS NOT RESPONSIBLE FOR THE CONTENT OR REVIEW OF SUCH INFORMATION OF ADVICE.
Application of or reliance on the techniques, ideas, and suggestions accessed through our online services is at your sole discretion and risk. You acknowledge and understand that this site does not provide medical advice. All information contained on this website, including information relating to medical and health conditions, products and treatments, is for informational purposes only. You acknowledge that this information will not be considered complete, will not be used (and is not intended to be used) in place of a visit, call, consultation or advice of your physician or other medical professionals or any information contained on or in any product packaging or labels, and that Wellness Foundry does not recommend the self-management of health problems. Information obtained by using the website is not exhaustive and may not reflect the most current medical, health or nutrition research or developments. You agree that if you should have any healthcare-related questions, please call or see your physician or other healthcare provider promptly. You should never disregard medical advice or delay in seeking medical advice because of something you have read on this website, and you should not use the information contained on this website for diagnosing a health problem or prescribing or using a medication. Additionally, the transmission and receipt of information contained on or through this website or portal, in whole or in part, or communication via the internet, mobile phone application, email or otherwise does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and us. Information and statements concerning dietary supplements have not been evaluated by the FDA or other food or drug authorities and are not intended to diagnose, treat, cure or prevent any disease.

IV. WELLNESS FOUNDRY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION, TOOLS, OR CONTENT INCLUDED IN THE SERVICE.

V. DESCRIPTION OF SERVICE; MINIMUM AGE REQUIREMENT.

  1. Description of Service. The site is where you can post photos of and track the foods you eat each day. Wellness Foundry also allows you to search for the foods you eat or activities you do and deliver the data to the dietician, personal trainer or similar professional ("Wellness Professional") with whom you are working.
  2. Age Requirement. You must be at least 18 years of age to use the Service. By using the Service and accepting this Agreement, you warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.

VI. OFFER, PAYMENT, AND BILLING TERMS AND CONDITIONS.
Term and Renewal. The initial membership term is selected by you in accordance with what you agree to with the program provided by your Wellness Professional. You agree to a subscription of the time frame selected. Upon expiration of any initial membership term, unless you have agreed otherwise with your Wellness Professional or unless you cancel your subscription, your membership is automatically renewed until further notice. You are financially responsible for all associated subscription and/or access fees to your Wellness Professional unless and until notice of cancellation is received by Wellness Foundry. This Agreement is subject to any and all terms and conditions of your Agreement with your Wellness Professional. Wellness Foundry has entered into a contract with your Wellness Professional to provide this service but is not a direct provider of the services, advice or information provided by your Wellness Professional. Wellness Foundry is not responsible for, and you agree not to hold Wellness Foundry liable for, any such advice, information or services provided by your Wellness Professional through this Service.

Termination or Cancellation Policy.

  1. You may cancel your subscription after your initial term unless you have agreed otherwise with your Wellness Professional. To cancel, you must notify your Wellness Professional who will inform us of the cancellation. We will strive to process such cancellation within a reasonable time. If cancellation has not been processed within ten days of your proper notice to your Wellness Professional, please contact us at custserv@wellnessfoundry.com.
  2. We may, at any time, without notice to you, terminate your access to the Service, and your Account, or block your access to the Service if:
    1. we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of Wellness Foundry, our users, or any other person;
    2. requested by law enforcement or other government agencies; or
    3. your Account has extended periods of inactivity.
  3. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
  4. Upon termination of your Account or the Service, your agreement with Wellness Foundry pursuant to these Terms will also terminate, except that the following provisions survive the termination:
    1. "Posting Content on the Service; Representations and Warranties,";
    2. "Ownership of Rights; License Rights; User Submissions,"
    3. "Protection of Content,"
    4. "Indemnification,"
    5. "Disclaimer of Warranties,";
    6. "Exclusion of Damages; Limitation of Liability," and
    7. "Additional Terms" and the Privacy Policy.
    If your Account or access to the Service is terminated, you may no longer have access to the Content you posted on the Service.

VII. MODIFICATIONS TO TERMS.

  1. Procedure. At any time Wellness Foundry may change these Terms, which includes the Privacy Policy and any other agreement that is incorporated by reference into these Terms. We will provide notice to you of any material change in the Terms by posting notice to the Site. Your continued use of the Service after our notice to you of a change in the Terms will mean that you have agreed to be bound by the amended Terms.
  2. Your Obligation to Stay Current. It is critical that you keep your email contact information correct and updated with Wellness Foundry and your Wellness Professional at all times. In addition, we encourage you to check back regularly to review these Terms at least once every 30 days.

VIII. MODIFICATIONS TO SERVICE.
We reserve the right to integrate into a different web service, migrate to a different URL, modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any Content from the Service at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. We are not liable for any such modification, suspension, discontinuance or removal, and any such action by us will not affect Wellness Foundry's license to your Content as stated below.

IX. POSTING CONTENT ON THE SERVICE; REPRESENTATIONS AND WARRANTIES.

  1. Content Protected by Intellectual Property Rights. Any content available through the Service, including tools, applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, "Content") is protected by the intellectual property rights of Wellness Foundry or its licensors.
  2. Your Warranties Regarding Your Content. By displaying or publishing ("posting") any Content on the Service, you warrant and represent the following:
    1. you own all rights in your Content or, alternatively, you have sufficient rights in your Content to grant to Wellness Foundry the rights described in these Terms;
    2. you will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Content;
    3. you are the individual pictured, depicted, and/or heard in your Content or you have obtained permission from each person (including consent from parents or guardians for anyone under the age of eighteen (18) who appears and/or is heard in your Content to grant the rights to Wellness Foundry described in these Terms; and
    4. your Content is not defamatory, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
  3. Establishing an Account to Post Content. Your Wellness Professional will establish an account with you and a user name and password (the "Account"). You may not share your password with anyone. You must always provide accurate current and complete information to Wellness Foundry or your Wellness Professional for the Service. You must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Service through your Account will be deemed as being used by you. Wellness Foundry is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable. You shall be responsible for maintaining the confidentiality of your email and password. You are responsible for all usage and activity on or through your Account, whether authorized by you or not.

X. OWNERSHIP OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS.

  1. Ownership of Your Content. You retain ownership of your rights in any Content you post to the Service, subject to the non-exclusive rights that you grant to us as described in these Terms.
  2. Your License to Wellness Foundry. Subject to our Privacy Policy and your right to terminate your license to us as described herein, unless the parties otherwise agree, you hereby grant Wellness Foundry an irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio and video transmission), advertise in, on, and around, and create derivative works of the Content you submit or make available for inclusion on or through the Service, and to incorporate such Content into other works in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have under the laws of any jurisdiction in Content you submit or make available on or through the Service.
  3. Your Right to Terminate the License. For Content consisting of photos, graphics, audio or video (but not, for clarity, any Content solely in the form of text) that you have submitted or made available for inclusion on or through the Service, you may remove or modify such Content from the Service at any time. Your removal of such Content from the Service will terminate our license to such Content. But if prior to such removal or modification, Wellness Foundry has distributed, or developed specific plans to distribute, any electronic, printed, or other materials containing such Content (e.g., in advertising, promotion or otherwise), then Wellness Foundry has a limited right to continue to use and distribute those materials. If you want Wellness Foundry to stop distributing the materials, simply send us written notice to stop distributing such materials, in which event we will stop distributing the materials within 90 days. Your notice must be signed by you, include your telephone number and email address, and be sent by first class mail, postage prepaid, to:

    Wellness Foundry
    89 River Street
    PO box 1592
    Hoboken, NJ 07030

    In addition, the notice must clearly identify the Content at issue, describe the specific use of the Content you wish to end, and contain statements that you own or have an exclusive right to the Content and that all the information in the notice is true and correct. The 90 day period for Wellness Foundry to stop distributing your Content begins only once Wellness Foundry has received a notice complying with the requirements of this Section.
  4. User Contact Submissions. When you submit ideas, suggestions, documents, or proposals (collectively, "Submissions") to Wellness Foundry through our email customer support address custserv@wellnessfoundry.com or customer contact form, you represent, warrant, and agree that:
    1. your Submissions do not include confidential or proprietary information;
    2. if we so choose, Wellness Foundry may use and disclose your Submissions in any way; and
    3. Wellness Foundry has no obligation to pay or reimburse you for your Submissions or our use of your Submissions.

XI.a PROHIBITED CONTENT.
You must not post to the Service any Content that, as reasonably determined by Wellness Foundry, is or appears to be the following:

  1. untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or racially or otherwise objectionable;
  2. infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement;
  3. of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
  4. unsolicited, undisclosed or unauthorized advertising; software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
  5. in violation of any applicable local, state, national or international law (including export laws).

XI.b PROHIBITED CONDUCT; LIQUIDATED DAMAGES FOR SPAM.

  1. Prohibited Conduct. You must not do, or attempt to do, any of the following, as reasonably determined by Wellness Foundry, subject to applicable law:
    1. access or use the Service in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
    2. access, tamper with, or use services or areas of the Service that you are not authorized to access;
    3. alter information on or obtained from the Service;
    4. tamper with postings, registration information, profiles, submissions or Content belonging to Wellness Foundry or other users of Wellness Foundry;
    5. use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";
    6. frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Wellness Foundry;
    7. impersonate or misrepresent your affiliation with any person or entity;
    8. reverse engineer any licensed software, application, tools or any other aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
    9. send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Service or any recipient; or
    10. take any action which might impose a significant burden (as determined by us) on the Service's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
  2. Liquidated Damages. IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, "UNSOLICITED EMAIL OR OTHER COMMUNICATION") THROUGH THE SERVICE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO WELLNESS FOUNDRY, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY WELLNESS FOUNDRY $50 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.

XII. MONITORING OF SERVICE CONTENT; RESOLUTION OF USER DISPUTES.

  1. No Duty to Monitor. We are under no obligation to restrict or monitor the Service or any Content in any way. WELLNESS FOUNDRY DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT. However, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) and not of Wellness Foundry. Wellness Foundry neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Service.
  2. Right to Resolve Disputes. Wellness Foundry has the right, but not the obligation to resolve disputes between users and Wellness Professionals relating to the Service and Wellness Foundry's resolution of a particular dispute does not create an obligation to resolve any other dispute. Wellness Foundry's resolution of any dispute is final with respect to the Service.

XIII. PROTECTION OF CONTENT.

  1. License by Wellness Foundry to You. You must respect the intellectual property laws protecting our Service. Wellness Foundry grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights Wellness Foundry has in the Content, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.
  2. Reservation of Rights. On its own behalf and the behalf of its licensors, Wellness Foundry reserves all rights in the Content, including any software, not expressly granted in this Section XIII. Wellness Foundry does not in any way grant any other rights to you. Except as expressly stated in this Section, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including any software, without prior written consent from Wellness Foundry or other third-party owner of the rights in that Content (if any).

XIV. PRIVACY POLICY.
Your privacy is important to us. As a result, we have carefully articulated how we collect and use various types of information. You may review those policies by reviewing our Privacy Policy. By agreeing to this Agreement, you also consent to the privacy practices detailed in our Privacy Policy, which may be modified as set out in the Privacy Policy. To the extent you are covered by laws requiring your consent for data transfer to the United States, you agree that your data may be transferred to the United States and collected and used in accordance with our Privacy Policy.

XV. DEALINGS WITH MERCHANTS; LINKS.

  1. Advertisements and Links. The Service may contain advertisements, offers, or other links to websites of third parties that we do not control. Advertisements and other information provided by third parties may not be wholly accurate. Wellness Foundry is not responsible or liable for
    1. the availability or accuracy of such sites or advertisements; or
    2. the content, products or services available from such sites.
    The inclusion of any link on the Service does not imply that we endorse the linked site. You use the links at your own risk. Wellness Foundry Privacy Policy is applicable only when you are on our Site. Once you link to another website, its privacy statement applies to any personal information you supply.
  2. Transactions with Third Parties. Your transactions and other dealings with third party merchants or advertisers that are found on or through the Service, including "click to purchase," "co-registration," or other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.

XVI. INDEMNIFICATION.
You agree to hold Wellness Foundry, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns (collectively, the "Indemnified Persons""), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys' fees and expenses, relating to any claim arising out of or related to:

  1. your access to and use of the tools, software, and other aspects of the Service and the Content;
  2. your violation of these Terms, and any applicable law or the rights of another person or party;
  3. any dispute you have with any user of the Service and any dispute you have related to any merchant or advertising found on or through the Service;
  4. Wellness Foundry's resolution (if any) of any dispute you have with any user of the Service;
  5. your improper authorization for Wellness Foundry to collect, use or disclose any Content provided by you; and
  6. any disclosures made with your permission.

XVII. DISCLAIMER OF WARRANTIES.
WELLNESS FOUNDRY PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELLNESS FOUNDRY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, TOOLS, SOFTWARE, OR CONTENT INCLUDED IN THE SERVICE. WELLNESS FOUNDRY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELLNESS FOUNDRY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SERVICE. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.

XVIII. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE DAMAGES NOT EXCLUDED BY THIS SECTION. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.

XIX. COPYRIGHT INFRINGEMENT/DMCA.
Wellness Foundry respects the intellectual property rights of others and requests that users of the Service do the same. If you believe that your work is being used on the Service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

  1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
  2. identification of the copyrighted work that you claim has been infringed;
  3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit Wellness Foundry to locate the material (for example, by providing a URL to the material);
  4. your name, address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf. Our designated agent to receive notification of claimed infringement can be reached at: lsword@swordlaw.com.
It is our policy to terminate in appropriate circumstances any Account or user for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account or user for even one instance of infringement. Wellness Foundry may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint.

XX. CUSTOMER SUPPORT.
We have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion, if you have created an Account and you submit your customer support questions through your Wellness Professional or to custserv@wellnessfoundry.com.

XXI. NOTICES AND CONTACT INFORMATION.
Except as otherwise provided in these Terms, Wellness Foundry will give you any notices by posting them on the Site. Since notice of any material change to the Terms will be posted to the Site for at least 30 days, we encourage you to visit the Site at least that often. You also authorize Wellness Foundry to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to the email address provided by you to Wellness Foundry upon registration. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you by posting on the Site or when sent by Wellness Foundry via electronic mail, whether or not received by you. Wellness Foundry may provide notice to any email or other address that you provide to us. You must keep your address current and any notice sent by Wellness Foundry to the address that you have most recently provided is effective notice. With the exception of notices related to removal of licensed material and to copyright infringement, you must send us any notice by mailing it to our address for Legal Notices which is:
Wellness Foundry USA LLC
c/o Sword Law LLC
676A Ninth Avenue, #119
New York, NY 10036

XXII. ADDITIONAL TERMS.
  1. Compliance with Laws. You are responsible for compliance with applicable local laws. Access to the Service Content by certain persons or in certain countries may not be legal.
  2. No Agency; No Third Party Beneficiary. These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms.
  3. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
  4. Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Wellness Foundry. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Wellness Foundry will be null and void. Wellness Foundry has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
  5. Jurisdiction; Choice of Law; Export Limitations. This Service is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Service from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Service i7n violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature between us are governed by the laws of the State of New York, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction and without regard to the principal of strict construction against the drafter. You and Wellness Foundry submit to the exclusive personal jurisdiction and venue of the state and federal courts located within New York County, NY..
  6. Limitations on Actions. Any action concerning any dispute with respect to the Service must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
  7. Entire Agreement. These Terms and any policies and guidelines posted to the Service (including but not limited to the Privacy Policy) by Wellness Foundry comprise the entire agreement between you and Wellness Foundry with respect to the use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Agreement.
  8. No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches.

XXIII. NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found HERE (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).

XXIV. NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED.
YOU MAY VIOLATE FEDERAL LAW IF YOU:

  1. INITIATE THE TRANSMISSION TO WELLNESS FOUNDRY COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR
  2. ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.

XXV. TRADEMARKS.
The trademarks used in the Service are owned or used under license by Wellness Foundry and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Service or in any Service content. All rights are reserved.

NOTICE REGARDING COPYRIGHT AND TRADEMARK OWNERSHIP: © WELLNESS FOUNDRY HOLDING OY "MealLogger" is a trademark of Wellness Foundry Holding Oy. All rights reserved.