WEBSITE TERMS OF USE

 

Last Modified: June 15, 2021

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

 

1. ACCEPTANCE OF TERMS 

This Terms of Use Agreement (the “Agreement”) is entered into by and between you and WorkingWell Daily LLC (‘WorkingWell Daily,” “our,” “we,” “us”), and together with any documents expressly incorporated by reference herein, this Agreement governs your use of this WorkingWell Daily website located at workingwelldaily.com (the “Site”), including, without limitation, any and all functionality and content such as text, graphics, user interfaces, information, images, video, audio, software, computer code, and the design, selection, and arrangement of such content (collectively, the “Content”), and Services (as defined in Section 3) made available to you or by you through this Site or by WorkingWell Daily and/or third-parties at any time.

If any of the terms, conditions, and notices contained within this Agreement conflict with other terms and guidelines contained within the Site, if any, then these terms shall control. By using the Site, you (i) agree to be bound by the Agreement, our Privacy Policy, and any supplementary terms, guidelines, or rules applicable to particular Content or Services, including, but not limited to a particular feature or any other offer which may appear on the Site, incorporated herein by reference; (ii) represent and warrant that you have the legal authority to accept this Agreement and are either at least eighteen (18) years old or a parent or legal guardian (collectively, the “Parent”) of a user that is under the age of eighteen (18) years old and legally responsible for such minor’s use of the Site.

If you do not agree with the Agreement or meet these requirements, you are NOT authorized to access or use the Site.

 

2. ACCESS TO AND USE OF THE SITE

Certain Content or Services on the Site may require additional identification details. Use of the Site and providing additional identification details is voluntary. You may choose not to use the Site, and you may choose not to provide additional identification. Users are advised to use their best judgment when choosing to participate in any information sharing activity.

Any disclosures made through the Site should only be made after reviewing and agreeing to our Privacy Policy. You agree that all information you provide on the Site is correct, current, and complete, and subject to our Privacy Policy. You further consent to all actions we take with respect to your information in compliance with our Privacy Policy. Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely secure, and as such, any information you provide to the Site may be read or intercepted by others.

 

3. CONTENT AND SERVICES

WorkingWell Daily may provide certain Content and services on this Site that we may remove, change, or update from time to time, at our sole discretion, without notice and without liability (the “Services”). Any of the Content on the Site may be outdated at any given time, and we are under no obligation to update such Content. WorkingWell Daily will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. We may restrict access or discontinue availability to some or all of the Site to any user at any time without notice.

The ability to post Content may be provided to allow users to share ideas and information of interest. You are responsible for all Content that you upload, post, or otherwise transmit using the Site. WorkingWell Daily cannot and does not take responsibility for the Content posted or transmitted by users. By using this Site, you understand and agree that WorkingWell Daily is acting as a conduit for distribution by providing you with the ability to view and distribute user-generated Content on this Site, and we are not willing and are unable to assume any liability or obligation relating to any Content or activity on this Site. We may, but are not obligated, to monitor or review any areas on the Site where users may transmit information to each other, including, but not limited to, user forums and the Content of any communication. WorkingWell Daily will have no liability related to the Content of any such communication regardless of any copyright, libel, privacy, obscenity, trademark, or other applicable law.

This Site is designed to be used and accessed by adults, and in the event that a minor should access or use the Site, the minor must do so in conjunction with a Parent. In all cases, the Parent shall have ultimate control over the minor’s access and use of the Site. WorkingWell Daily encourages Parents to utilize an electronic filtering software and/or to monitor their minors online. We do not filter advertisements or other content that minors may view through our Site or linked websites, and minors may receive information and materials from the internet or advertising that are inappropriate for them.

In the event that any posted Content appears to be inappropriate, objectionable, or obscene for display on this Site for any reason, you are encouraged to contact us to request removal of such Content via our contact us page or one of the methods provided in Section 14 of this Agreement. WorkingWell Daily reserves the right to review, edit, or delete any material deemed inappropriate, including information and links provided by advertisers and third-parties.

 

4. INTELLECTUAL PROPERTY RIGHTS

You are responsible for respecting WorkingWell Daily’s and third-parties’ rights with respect to Content that appears on the Site and for not downloading or otherwise transmitting such Content in violation of WorkingWell Daily’s and third-parties’ rights. The Site and its entire Contents, features, and functionality (including, but not limited to, all copyrights, trademarks, service marks, trade secrets and patents) are the property of WorkingWell Daily or other owners that/who have granted rights or licenses of use to such intellectual property, unless indicated otherwise, and are protected by the United States Copyright Act of 1976, as amended, the copyright laws of other countries, and other applicable United States and international trademark, patent, trade secret, or other intellectual property or proprietary rights laws.

The Site and its Content may not be copied, reproduced, republished, uploaded, posted, transmitted, stored, altered, modified, displayed, transferred, licensed, downloaded, or distributed in any way without our prior written permission, except that, subject to your compliance with this Agreement, WorkingWell Daily authorizes you to download a single copy of a reasonable number of pages of the Site for your personal, non-commercial use, and not for further modification, reproduction, publication, or distribution, provided that you keep intact all copyright, trademark, and other proprietary notices. No right, title, or interest in or to the Site or its Contents is transferred to you, and all rights not expressly granted are reserved by WorkingWell Daily.

Modifying, printing, copying, downloading, or otherwise using, accessing, or providing any other person access to any part of the Content or the Site for any other purpose not expressly permitted by this Agreement is a breach of this Agreement, a violation of the rights of WorkingWell Daily or third-parties, and your right to use the Site ceases immediately and you must, at our election, return or destroy any copies of the Content you have made.

Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), WorkingWell Daily’s designated agent for notice of alleged copyright infringement in connection with the Site is as follows:

WorkingWell Daily
P.O. Box 741,
Flossmoor, Il 60422
info@workingwelldaily.com

To file a notice of infringement with WorkingWell Daily, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at http://www.copyright.gov.

Data. From time to time, you may provide us with information, including, without limitation, Account Information (as defined in the Privacy Policy), Personal Information (as defined in the Privacy Policy), suggestions, ideas, and/or any other Content (collectively, “Data”). You hereby grant to WorkingWell Daily, our affiliates, and service providers, and each of their and our respective licensees, successors, and assigns (collectively, “Licensees”) a nonexclusive license to the Data for the purposes of providing the Content and Services, for operating the Site, and any other purposes permitted by this Agreement. Licensees will be free to copy, modify, display, disclose, distribute, incorporate and otherwise use the Data, and any other information embodied therein including, but not limited to, information we may collect from you for any and all commercial and noncommercial purposes.

Posting Information. By posting or submitting Content to or through the Site you represent that such Content will not infringe on any personal or proprietary rights of any third-parties and that you own, control, or first have the express consent of the owner of all necessary rights in and to such Content and have the right to grant the license above to Licensees. Further, you authorize WorkingWell Daily’s use of such material in any manner or medium. Also, you understand and acknowledge that you are responsible, and not WorkingWell Daily, for all Content shared by you to or through the Site, including its legality, reliability, accuracy, and appropriateness.

 

5. ACCOUNT INFORMATION FROM THIRD-PARTIES

    Some of your Account Information may be stored by third-parties, such as your bank or other third-party payment processors. WorkingWell Daily will, as applicable, submit information that you provide to WorkingWell Daily to the applicable third-party. You hereby authorize and permit WorkingWell Daily to use information submitted by you to accomplish and to configure the Services so that it is compatible with the third-party sites for which you submit your information. To fulfill the Services hereunder, you grant WorkingWell Daily a limited power of attorney and appoint WorkingWell Daily as your attorney-in-fact and agent to access applicable third-party sites, retrieve and use your information maintained by such third-parties with the full power and authority to do and perform each action necessary to fulfill your participation in the Site. YOU ACKNOWLEDGE AND AGREE THAT WHEN WORKINGWELL DAILY IS ACCESSING AND RETRIEVING YOUR ACCOUNT INFORMATION FROM THIRD-PARTY SITES, WORKINGWELL DAILY IS ACTING SOLELY AS YOUR AGENT AND YOU SHALL BE ULTIMATELY RESPONSIBLE FOR WORKINGWELL DAILY’S USE OF SUCH INFORMATION.

     

    6. PROHIBITED BEHAVIOR

    You may use the Site only for lawful purposes and in accordance with this Agreement, and shall not use the Site, Content or Services:

    • In any way that violates applicable federal, state, local, or international law or regulation (including, without limitation, infringing any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity). By uploading, posting, or otherwise transmitting any Content, you represent and warrant that you have all rights to take such action with respect to the Content,
    • For the purposes of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, or otherwise,
    • To upload, post, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or racially, ethnically, or otherwise offensive,
    • To impersonate or attempt to impersonate another person or entity, including without limitation, a representative of WorkingWell Daily or its officers, directors, employees, contractors or agents, or falsely represent or misrepresent your affiliation with another person or entity, or forge headers, or otherwise manipulate identifiers that would disguise the origin of any Content transmitted to or through the Site,
    • To upload, post, or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, including without limitation, initiation or perpetuation of any “Spam,” “Junk Mail,” chain letters, or any other potentially objectionable form of unsolicited communication,
    • To collect or store personal data with respect to third-parties, including without limitation, by means of hacking, password mining, or any other illegitimate means, except as contemplated by the Agreement,
    • To upload, post, or otherwise transmit without authorization any material that contains personal or private information concerning any third-party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information;
    • For any other purpose inconsistent with this Agreement.

     

    Additionally, you agree not to:

    • Directly or indirectly, intentionally disrupt, interfere with, or test the vulnerability of the Site in any manner that may restrict or inhibit anyone’s use or enjoyment of the Site, or which, as we determine, may materially adversely affect, or expose to liability, WorkingWell Daily or any third-party,
    • Upload, post, or otherwise transmit any material that contains software viruses, Trojan horses, worms, logic bombs, or any other code, files, or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities,
    • Otherwise interfere or attempt to interfere with the proper working of the Site.

     

    7. DISCLAIMER OF WARRANTIES

    You understand and acknowledge that WorkingWell Daily cannot and does not guarantee or warrant that the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your requirements for anti-virus protection. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE.

    USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THIS SITE IS PROVIDED ON AN ‘AS IS’ AND “AS AVAILABLE’ BASIS. WORKINGWELL DAILY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT, SERVICES OFFERED ON, AND/OR ITEMS OBTAINED THROUGH THE SITE) WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WORKINGWELL DAILY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY USER OF THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    WORKINGWELL DAILY MAKES NO WARRANTY THAT THE SITE OR ANY CONTENT OR SERVICES OF THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE USE OF THE SITE.

     

    8. EXCLUSIONS AND LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WORKINGWELL DAILY SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES (EVEN IF WORKINGWELL DAILY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER RELATED TO YOUR USE OF, OR INABILITY TO USE THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

     

    9. INDEMNIFICATION

    You agree to indemnify, defend, and hold harmless WorkingWell Daily, its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against all claims, liabilities, judgments, awards, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or your use of the Site other than as expressly authorized in this Agreement.

     

    10. LINKS TO OTHER WEBSITES

    The Site may contain links to other independent third-party websites. The linked sites are not under the control of WorkingWell Daily, and WorkingWell Daily is not responsible for any loss or damage that may arise from your use of them nor does it certify the content of any linked website, including, without limitation, any links contained in a linked website, all of which may have separate terms and conditions of use and privacy and data collection practices independent of WorkingWell Daily. WorkingWell Daily reserves the right to terminate any link or linking program at any time without notice at our discretion. We have selected the links for your convenience only. The selection or omission of links is not intended to imply our endorsement of any particular companies or products or our affiliation with operators of linked websites. Please exercise your own independent judgment regarding your interaction with these linked websites.  If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk. You should contact the website administrator or webmaster for those non-affiliated third-party websites if you have any concerns regarding such links or the content located on such websites. WORKINGWELL DAILY DOES NOT ACT AS AN AGENT OF ANY THIRD-PARTY, EXCEPT TO THE EXTENT SET FORTH IN SECTION 5.

     

    11. APPLICABLE LAWS

    The Site is designed to comply with United States laws and regulations. WorkingWell Daily controls this Site from its offices within the State of Illinois in the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content or Services in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. Any claim or cause of action you may have relating to the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose and shall be governed by the internal substantive laws of the State of Illinois, without regard to its conflicts of law provisions; otherwise, such claim or cause of action is permanently barred. In the event of a dispute between WorkingWell Daily and you arising out of or in connection with this Agreement or your use of the Site, the parties shall attempt to resolve, in good faith, such dispute. If the dispute remains unresolved within a reasonable time, not to exceed thirty days, then the dispute may be submitted to binding arbitration in Cook County, Illinois in the United States before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of you and WorkingWell Daily, except that such arbitrator shall be an attorney admitted to practice law in Illinois with at least five years of experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. To the fullest extent permissible by law, you agree that you shall be responsible for all costs associated with initiating or administrating the arbitration.

     

    12. ENTIRE AGREEMENT

    This Agreement, including the Privacy Policy, and any supplementary terms, guidelines, or rules applicable to particular Content or Services, including, but not limited to a particular feature or any other offer which may appear on the Site, contains the sole and entire agreement between you and WorkingWell Daily relating to the subject matter hereof, and supersedes any other prior and contemporaneous, oral, written, or implied communications, understandings, agreements, representations, and warranties relating thereto.

     

    13. MODIFICATION AND TERMINATION

     

    WorkingWell Daily reserves the right to make changes to this Agreement at any time without advance notice. All amended forms of this Agreement shall be posted on the Site, and such amended forms shall be effective immediately upon its posting. It is at all times your responsibility to read the most current form of this Agreement before using the Site to ensure that you are aware of any changes made to this Agreement because they shall be equally binding on you. Your continued use of the Site following the posting of amended forms of this Agreement means that you accept and agree to the changes. You agree that these standards for notice of changes to this Agreement are reasonable.

    Your right to access and use the Site, its Services, and/or Content immediately terminates without further notice upon your breach of this Agreement. WorkingWell Daily may terminate this Agreement and/or your right to use the Site at any time for any reason.

     

    14. NOTICE

     

    WorkingWell Daily may deliver notice to you under this Agreement by means of electronic mail, a general notice on workingwelldaily.com, or by written communication delivered by first class United States mail to your address on record with WorkingWell Daily. You may inform us, or give notice or requests to us, pursuant to the provisions of this Agreement, at any time via electronic mail to or by letter delivered by first class postage prepaid United States mail or overnight courier to the following address: 

    WorkingWell Daily
    P.O. Box 741,
    Flossmoor, Il 60422
    info@workingwelldaily.com

     

    15. GENERAL

    The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, and such invalid provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the parties’ intent. A waiver of any term or condition set forth in this Agreement shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and a failure of WorkingWell Daily to assert a right following a breach of any provision to this Agreement will not constitute a waiver of such right. You may not assign this Agreement without WorkingWell Daily’s prior written permission. This Agreement is binding upon your successors, assigns, heirs, and executors.

    YOUR USE OF THE SITE, OR CLICKING ACCEPT OR AGREE TO THE AGREEMENT WHEN THIS OPTION IS MADE AVAILABLE TO YOU, INDICATES THAT YOU AGREE TO BE BOUND AND ABIDE BY THE FOREGOING AGREEMENT. IF YOU DO NOT AGREE TO THE AGREEMENT, DO NOT ACCESS OR USE THE SITE.