TERMS OF USE

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Welcome to the EncourageWell website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
 

Agreement. 

This Terms of Use agreement (the "Agreement") specifies the terms and conditions for access to and use of EncourageWell.com (the "Site"), owned and operated by EncourageWell LLC, a Colorado limited liability company (“EncourageWell”, “us”, or “we”), and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by EncourageWell upon posting of a modified Agreement on the Site. Any such modifications shall be effective upon posting. You can view the most recent version of these terms at any time at the Site. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
 

Privacy.

Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at https://www.EncourageWell.com/privacy.

Ownership.

All content included on the Site is and shall continue to be the property of EncourageWell or its licensors and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.  

 

Intended Audience.

YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THIS WEBSITE. IF YOU ARE 13 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE.

 

Trademarks.

EncourageWell, GoWell, JoinWell, RaiseWell, FinishWell, GrieveWell, and others are either trademarks or registered trademarks of EncourageWell. Other product and company names mentioned on this Site may be trademarks of their respective owners.

 

Site Use.

EncourageWell grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to: copy materials on the Site or Platform; reverse engineer or break into the Site or Platform; modify, translate, or create derivative works based on the Site or Platform; use the Site, Platform or Products in any infringing, defamatory, harmful, fraudulent, illegal, deceptive, threatening, harassing, or obscene  way; or use the Site, Platform or Products in violation of any law.The use of the Site is at the discretion of EncourageWell and EncourageWell may terminate your use of this Site at any time.

 

Our Products and Services.

Through the Site, EncourageWell offers you the ability to create a customized book to celebrate or memorialize life events (the “Products”). Your purchase of Products is subject to this Agreement. Once you complete an order and pay the related fees, you will be given access to our online platform, which allows you to customize the Product and invite others to submit User Content for the applicable Product (the “Platform”). All fees paid for Products are non-refundable.

 

Ownership of Your Content.

You retain ownership of any pictures, messages or other content that you submit to through the Site relating to creation of EncourageWEll of a book or other product (“User Content”). You hereby grant Encouragewell a perpetual, non-revocable, fully paid-up license to use the User Content for EncourageWell’s marketing purposes. You hereby assign to EncourageWell any intellectual property rights relating to content suggestions, enhancement requests, feedback, recommendations or other information (except User Content) provided by you relating to the Site, our services and our products.

 

Compliance with Laws.

You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

 

Indemnification.

You agree to indemnify, defend and hold EncourageWell and our licensors, agents, members, managers, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

 

Disclaimer.

THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. ENCOURAGEWELL DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. further, encouragewell does not warrant that the Site will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the site will be corrected. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

 

Limitation of Liability.

ENCOURAGEWELL, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS AND MANAGERS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ENCOURAGEWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR ENCOURAGEWELL WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ENCOURAGEWELL AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS AND MANAGERS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO ENCOURAGEWELL FOR THE USE OF THE WEBSITE OR ANY SERVICE WE PROVIDE.

 

Use of Information.

EncourageWell reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

 

Copyrights.

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to Support@EncourageWell.com:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the Site;

4. Your address, telephone number, and e-mail 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

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Applicable Law, Dispute Resolution and Attorney Fees.

You agree that the laws of the state of Colorado, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and EncourageWell or its affiliates. Any action arising from or related to this Agreement shall be brought exclusively brought in the state or federal courts located in Denver, Colorado and you hereby consent to the jurisdiction of any such court. The prevailing party in any such action shall be entitled to recover its reasonable attorneys' fees and costs incurred in litigating or otherwise settling or resolving such action. CLIENT FURTHER AGREES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT

 

Severability.

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

 

Waiver.

The failure of EncourageWell to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by EncourageWell must be in writing and signed by an authorized representative of EncourageWell.

 

Termination.

EncourageWell may terminate this Agreement at any time, with or without notice, for any reason.

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Relationship of the Parties. 

Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

 

Entire Agreement

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This Agreement constitutes the entire agreement between you and EncourageWell and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and EncourageWell with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. EncourageWell may revise this Agreement at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of the Site after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.