Terms of Service

Terms of Use

 

TERMS OF USE AS OF JANUARY 1, 2023

 

Before you go further, please take a moment to read our Terms of Service and Privacy Policy. This is important for you and us.

 

TABLE OF CONTENTS

 

  1. AGREEMENT TO TERMS
  2. USE OF THIS SITE BY CHILDREN
  3. SUPPLEMENTAL TERMS AND CONDITIONS
  4. LIMITATIONS REGARDING DISTRIBUTION AND USE
  5. INTELLECTUAL PROPERTY RIGHTS
  6. USER REPRESENTATIONS
  7. USER REGISTRATION
  8. PRODUCTS
  9. PURCHASES AND PAYMENT
  10. RETURN POLICY
  11. NO MEDICAL ADVICE, DISCLAIMER, NO WARRANTY
  12. PROHIBITED ACTIVITIES
  13. USER GENERATED CONTRIBUTIONS
  14. CONTRIBUTION LICENSE
  15. GUIDELINES FOR REVIEWS
  16. SUBMISSIONS
  17. THIRD PARTY WEBSITES AND CONTENT
  18. SITE MANAGEMENT
  19. PRIVACY POLICY
  20. COPYRIGHT INFRINGEMENTS
  21. COMPLIANCE WITH THE DIGITAL MILLENIUM COPYRIGHT ACT
  22. DESIGNATED AGENT
  23. TERM AND TERMINATION
  24. MODIFICATIONS AND INTERRUPTIONS
  25. GOVERNING LAW
  26. DISPUTE RESOLUTION
  27. CORRECTIONS
  28. DISCLAIMERS
  29. LIMITATION OF LIABLITY
  30. INDEMNIFICATION
  31. USER DATA
  32. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  33. CALIFORNIA USERS AND RESIDENTS
  34. MISCELLANEOUS
  35. CONTACT US
  36. BINDING ON SUCCESSORS AND ASSIGNS
  37. GEOGRAPHIC SCOPE

 

  1. AGREEMENT TO TERMS

 

These Terms of Use constitute a legally binding agreement made between you, whether

personally or on behalf of an entity ("you"), and Wholesome Story LLC ("Company", "Wholesome Story", we", "us", or "our"), concerning your access to and use of this Wholesome Story ® health informational and ovulation calculator application (sometimes referred to as “App’), as well as our website http://wholesomestory.com, and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). Note, as used herein, the term “Site” always includes our App.

 

You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

 

  1. USE OF THIS SITE BY CHILDREN

 

Our Site is not intended for children under age 13. Notwithstanding the requirement for a valid consent to processing your personal data under our Privacy Policy, you must be at least 13 years old (minimum age) to use the Site. If a minor between the ages of 13 and 17 uses the Site, we provide the services on the basis of the deemed consent of their parent or legal guardian, both to these Terms and to the use of the Site. Such consent is obtained when an account is created prior to first use of the Site. The parent or guardian takes full responsibility for the minor's use of the Site.

 

(Consent regarding the processing of data in accordance with the applicable data protection laws is obtained separately, see section 8 of our Privacy Policy).

 

We advise parents or guardians who permit their children to use this Site that it is important that they communicate with their children about their safety online. We also encourage parents or guardians to talk with their children about smart practices when giving out information online. Minors who are using this Site should be made aware of the potential risks to them and of their obligation to comply with the Terms of Use when using this Site. If you are a minor and someone contacts you about this Site, or seeks information about you, tell your parents immediately.

 

THE INFORMATION WITHIN THIS SITE AND THE APP IS NOT INTENDED TO INCITE, INDUCE, OR OTHERWISE PROMOTE ANY SEXUAL BEHAVIOR OR ACTIVITY AMONG MINORS AND DOES NOT DIRECT THE CONTENT OF COMMUNICATION TO ANY PARTICULAR PERSON. ALL INFORMATION PROVIDED WITHIN THE SITE AND APP IS FOR GENERAL EDUCATIONAL PURPOSES ONLY.

 

We carefully examine the materials that we make available via the App to people between 13 and 17 in order to avoid any inappropriate or harmful content. We fully understand that moral and ethical rules might differ from country to country in defining what information related to sexuality is accessible to minors.

             

We neither intend nor publish sexually explicit content, or content that otherwise might qualify as harmful to minors or juveniles under applicable law. We make reasonable efforts to ensure that all materials provided by us on the App are based on facts only and are scientifically accurate.

 

Please be aware that individual ethical views on what is offensive or harmful to minors may vary from the requirements set for content that may be made available to minors under applicable law.

 

 

  1. SUPPLEMENTAL TERMS AND CONDITIONS

 

Supplemental terms and conditions or documents that may be posted on the Site from time

to time are hereby expressly incorporated herein by reference. We reserve the right, in our

sole discretion, to make changes or modifications to these Terms of Use at any time and for

any reason. We will alert you about any changes by updating the "Last updated" date of

these Terms of Use, and you waive any right to receive specific notice of each such change.

You acknowledge and agree that it is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

 

 

  1. LIMITATIONS REGARDING DISTRIBUTION AND USE

 

The information provided on the Site is not intended for distribution to or use by any person

or entity in any jurisdiction or country where such distribution or use would be contrary to

law or regulation or which would subject us to any registration requirement within such

jurisdiction or country. Accordingly, those persons who choose to access the Site from other

locations do so on their own initiative, and risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

The Site is not tailored to comply with industry-specific regulations (Health Insurance

Portability and Accountability Act (HIPM), Federal Information Security Management Act

(FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this

Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act

(GLBA). By accessing and/or using this site you represent and warrant that you will not violate the terms of this paragraph and will indemnify us pursuant to the Indemnity Provision hereinafter set forth in these Terms and Conditions.

 

 

 

 

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, illustrations, writings, on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein including without limitation, the trademark WHOLESOME STORY (the "Marks"), collectively “Intellectual Property,” are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, as well as international copyright laws, and international conventions, as well as the laws and regulations of countries throughout the world. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission, which permission is within our sole discretion. Note, that violation of our Intellectual Property may subject you to damages as well as attorney’s fees.

 

You agree that at no time will you question or challenge in any forum the validity, enforceability, or ownership of any of our Intellectual Property.

 

Provided that you are eligible to use the Site, you are granted a limited non-exclusive, terminable at our sole discretion, license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

 

 

  1. USER REPRESENTATIONS

 

By using the Site, you represent and warrant that: (1) all registration information you submit

will be true, accurate, current, and complete; (2) you will maintain the accuracy of such

information and promptly update such registration information as necessary; (3) you have

the legal capacity and you agree to comply with these Terms of Use: (4) you are not a minor in the jurisdiction in which you reside; or you have received permission to use this site from your parents or guardians (5) you will not access the site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. You further agree that you will indemnify us, our officers, directors, employees and agents, pursuant to the indemnity provisions in these Terms of Use for breach of any of the aforesaid representations and warranties.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) as well as take legal action against you.

 

 

  1. USER REGISTRATION

 

You may be required to register with the Site. You agree to keep your password confidential

and will be responsible for all use of your account and password. We reserve the right to

remove, reclaim, or change a username you select if we determine, in our sole discretion,

that such username is inappropriate, obscene, or otherwise objectionable.

Should you learn that someone is using your user’s name and password to enter this Site, you must advise us immediately. Allowing a third party to use your password and/or username shall be deemed a material breach of these Terms of Use.

 

 

  1. PRODUCTS

 

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

 

 

  1. PURCHASES AND PAYMENT

 

We accept the following forms of payment:

  • Visa
  • Mastercard
  • American Express
  • Discover

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

 

  1. RETURN POLICY

 

Please review our Return Policy posted on the Site prior to making any purchases.

 

 

  1. NO MEDICAL ADVICE, DISCLAIMER, NO WARRANTY

 

The information that you obtain from our Site and App is provided for informational purposes only. The information provided in the App is not intended in any way whatsoever as medical advice from us. The information provided may or may not facilitate your communication with a health care provider, but is not a substitute for the professional judgment of a health care provider. Always seek the advice of your physician or other qualified health care provider prior to starting any new treatment, or if you have any questions regarding symptoms or a medical condition.

 

THE INFORMATON PROVIDED IN OUR APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OR GUARANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE AND OUR AFFILIATES AND SERVICE PROVIDERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO OUR OVULATION APP AND/OR CONTENT OR INFORMATION CONTAINED THEREIN. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE UNDER THIS AGREEMENT OR THROUGH YOUR USE OF OUR OVULATION APP OR OTHERWISE IN CONNECTION WITH ONLINE SERVICES FOR AN AMOUNT MORE THAN $500.

 

Our App in no way whatsoever guarantees health-related expectations, improvements or outcomes. Your use of the App and any information, predictions, or suggestions provided in the App are at your sole risk. Wholesome Story makes no representations or warranties of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the App and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device or healthcare provider.

 

 

  1. PROHIBITED ACTIVITIES

 

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:

 

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. Use a buying agent or purchasing agent to make purchases on the Site.
  4. Use the Site to advertise or offer to sell goods and services.
  5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  6. Engage in unauthorized framing of or linking to the Site.
  7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  8. Make improper use of our support services or submit false reports of abuse or misconduct.
  9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  11. Attempt to impersonate another user or person or use the username of another user.
  12. Sell or otherwise transfer your profile.
  13. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  14. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  18. Delete the copyright or other proprietary rights notice from any Content.
  19. Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1 x 1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  24. Use the Site in a manner inconsistent with any applicable laws or regulations.
  25. You further agree that you will indemnify us, our officers, directors, employees and agents, pursuant to the indemnity provisions in these Terms of Use for breach of any of the aforesaid representations and warranties.

 

 

  1. USER GENERATED CONTRIBUTIONS

 

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

 

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party, nor violate an individual’s Right of Privacy or Right of Publicity
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
  15. You further agree that you will indemnify us, our officers, directors, employees and agents, pursuant to the indemnity provisions in these Terms of Use for breach of any of the aforesaid representations and warranties.

 

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.

 

 

  1. CONTRIBUTION LICENSE

 

By posting your Contributions to any part of the Site or App, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

 

  1. GUIDELINES FOR REVIEWS

 

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

 

 

  1. SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation or any proprietary right in your Submissions.

 

 

  1. THIRD-PARTY WEBSITES AND CONTENT

 

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to

other websites ("Third-Party Websites") as well as articles, photographs, text, graphics,

pictures, designs, music, sound, video, information, applications, software, and other

content or items belonging to or originating from third parties ("Third-Party Content"). Such

Third-Party Websites and Third-Party Content are not investigated, monitored, or checked

for accuracy, appropriateness, or completeness by us, and we are not responsible for any

Third Party Websites accessed through the Site or any Third-Party Content posted on,

available through, or installed from the Site, including the content, accuracy, offensiveness,

opinions, reliability, privacy practices, or other policies of or contained in the Third-Party

Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or

installation of any Third-Party Websites or any Third-Party Content does not imply approval

or endorsement thereof by us. If you decide to leave the Site and access the Third-Party

Websites or to use or install any Third-Party Content, you do so at your own risk, and you

should be aware these Terms of Use no longer govern. You should review the applicable

terms and policies, including privacy and data gathering practices, of any website to which

you navigate from the Site or relating to any applications you use or install from the Site.

Any purchases you make through Third-Party Websites will be through other websites and

from other companies, and we take no responsibility whatsoever in relation to such

purchases which are exclusively between you and the applicable third party. You agree and

acknowledge that we do not endorse the products or services offered on Third-Party

Websites and you shall hold us harmless from any harm caused by your purchase of such

products or services. Additionally, you shall hold us harmless from any losses sustained by

you or harm caused to you relating to or resulting in any way from any Third-Party Content

or any contact with Third-Party Websites.

 

 

  1. SITE MANAGEMENT

 

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these

Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion,

violates the law or these Terms of Use, including without limitation, reporting such user to

law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict

access to, limit the availability of, or disable (to the extent technologically feasible) any of

your Contributions or any portion thereof; (4) in our sole discretion and without limitation,

notice, or liability, to remove from the Site or otherwise disable all files and content that are

excessive in size or are in any way burdensome to our systems; and (5) otherwise manage

the Site in a manner designed to protect our rights and property and to facilitate the proper

functioning of the Site and the Marketplace Offerings.

 

 

  1. PRIVACY POLICY

 

We care about data privacy and security. Please review our Privacy

Policy: https://wholesomestory.com/pages/privacypolicy. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Note that all of the Terms of Service apply to said Privacy Policy. Please be advised the Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

 

 

  1. COPYRIGHT INFRINGEMENTS

 

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

 

 

  1. COMPLIANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT

It is our policy to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. This describes how to serve a Notice of Infringing Material and what to do if any material you have placed on WHOLESOME STORY website becomes the subject of such a notice.

 The following notice requirements are intended to comply with our company’s rights and obligations under the DMCA and do not constitute legal advice.

Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating users. If we remove or disable a user’s access in response to such a notice, we will make a good faith attempt to contact the owner of the affected site, or the uploader of the affected material or post, so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Your complaint will also be a matter of record. A copy of the legal notice may be sent to one or more third parties who may then make it available to the public.

Please be advised that you may be liable for damages if you materially misrepresent that a post, product or activity is infringing your copyrights.

By using some of our services, you license other customers to copy works you have uploaded into specific sections of those services or sites. Please examine our Terms in any situations where you and the alleged infringer are each a user of Wholesome Story Site, since you may have granted a license for some or all uses of your works on that site.

If you are a copyright owner or an agent thereof and you believe that any content on Wholesome Story Site infringes upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent the following information in writing:

(1) Your physical or electronic signature;

(2) Identification of the copyrighted work or works claimed to have been infringed;

(3) Identification of the material that is claimed to be infringing that copyrighted work, and URLs or similar information sufficient to permit us to locate that material on our websites and services;

(4) Information to permit our agent to contact you: your address, telephone number and email address;

(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

 

 

  1. DESIGNATED AGENT

 

Wholesome Story LLC’s designated DMCA Copyright Agent to receive Notices of Infringing Material is: Jay Begler, Niesar & Vestal LLP, 90 New Montgomery Street, San Francisco California, 94105. jbegler@nvlawllp.com

 

 

  1. TERM AND TERMINATION

 

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including

without limitation pursuing civil, criminal, and injunctive redress.

 

 

  1. MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

 

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

 

 

  1. GOVERNING LAW

 

These Terms of Use and your use of the Site, the App and the Marketplace Offerings are governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington, without regard to its conflict of law principles.

 

 

  1. DISPUTE RESOLUTION

 

INFORMAL NEGOTIATIONS

 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use, including, but not limited to any claims arising from or related to the Americans with Disabilities Act  (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

BINDING ARBITRATION

 

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD

HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in King, Washington. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in King, Washington, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

 

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

RESTRICTIONS

 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. The full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority

for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

EXCEPTIONS TO INFORMAL NEGOTATIONS AND ARBITRATION

 

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

OPTION TO LITIGATE

 

Notwithstanding anything herein to the contrary, in those cases wherein Wholesome Story believes that any action prohibited by these Terms & Conditions may result in harm to it, its officers or employees, it may commence litigation seeking damages and preliminary and final injunctive relief.

 

Any legal action or proceeding by Wholesome Story against you, or any legal action by you against Wholesome Story, including without limitation, the validity, interpretation and enforcement of the Agreement, matters arising out of or related to the Agreement or its making, performance or breach, or related matters shall be brought exclusively in the courts located in Seattle, Washington, either state of Federal Courts. The validity, interpretation, and enforcement of these Terms and Conditions and any matters relating thereto, its performance or breach, and related matters shall be governed by the internal laws of Washington (without reference to choice of law doctrine).

 

       You agree that service of process in any actions, controversies and disputes arising from or relating to the Terms of Service shall be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. These Terms of Service shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Service shall not affect the validity or enforceability of the balance hereof.

 

 

  1. CORRECTIONS

 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may related to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

 

  1. DISCLAIMERS

 

  1. THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABLITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISDED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY 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.
  2. WHOLESOME STORY MAY CONTROL AND OPERATE THE APP FROM DIFFERENT GEOGRAPHICAL AREAS AND LOCATIONS. IT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE APP IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THE APP OR CERTAIN FEATURES OF IT MAY NOT BE AVAILABLE IN YOUR LOCATION OR MAY VARY ACROSS LOCATIONS.

 

INTERACTION WITH THIRD PARTIES

 

Wholesome Story does not screen people who have access to our Site and who may communicate with you, “Third Parties.” Hence your interaction with any such Third Party is solely at your risk. You acknowledge that your interaction with such Third Party is solely at your risk including without limitation reliance on such Third Party’s advice and that we shall in no way be liable for any damage you sustain dealing with such Third Party. You further acknowledge that we make no representation or warranty of any sort, actual or implied with respect to such Third Party.

 

 

  1. LIMITATION OF LIABILITY

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY. BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE

LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

 

  1. INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions: (2) use of the Site; (3)

breach of these Terms of Use: (4) any breach of your representations and warranties set forth in these Terms of Use: (5) your violation of the rights of a third party, including but not limited to intellectual property rights: or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your

expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action. or proceeding which is subject to this indemnification upon becoming aware of it.

 

 

  1. USER DATA

 

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no

liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

 

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES. CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES. POLICIES. AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE You hereby waive any rights or requirements under any statutes, regulations, rules. ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

 

  1. CALIFORNIA USERS AND RESIDENTS

 

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

 

  1. MISCELLANEOUS

 

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is

deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site You agree that these Terms of Use will not be construed against us by virtue of having

drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

 

  1. CONTACT US

 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

 

Wholesome Story LLC

P.O. Box 15344

Seattle, WA 98115

United States

Phone: ‪(206) 451-7247

hello@wholesomestory.com

 

 

  1. BINDING ON SUCCESSORS AND ASSIGNS

 

The Agreement is binding upon and shall inure to the benefit of each Party to this Agreement and their respective licensees, successors, and assigns.

 

 

 

 

  1. GEOGRAPHIC SCOPE

 

The provisions of this agreement shall be effective worldwide.

 

Note: Products are manufactured in the USA at Intermountain Nutrition or UST. Both based in Utah. 

 

COPYRIGHT 2023 WHOLESOME STORY, LLC, ALL RIGHTS RESERVED