Effective Date June 21, 2019
You acknowledge that all Website trademarks, logos and images and information on this Website are owned by or licensed to PlayWell, LLC, and are protected by copyright and other intellectual property rights. You have no rights to transfer or reproduce the Website or prepare any derivative works. Under no circumstances will you be deemed to receive title to any portion of the Website, title to which at all times will vest exclusively in PlayWell, LLC.
Use of the Website:
The Website (including without limitation, any content, documents or other information made available via the Website) is provided only for your own informational purposes. Any unauthorized use, including without limitation, any commercial use, is expressly prohibited.
You will not (and will not allow any third party to): (i) decompile, disassemble, or reverse engineer the Website, except to the extent expressly authorized under the law; (ii) use the Website or any of the information provided via the Website to develop a competing product or service; or (iii) use automated systems (e.g., robots, spiders, etc.) to access the Services or Website.
You may not use the Website to:
- Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, intimidating, abusive, harassing, tortuous, defamatory, derogatory, vulgar, explicit, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;
- Upload, post, e-mail or otherwise transmit any content that you do not have the right to transmit under any law or under contractual or fiduciary relationships;
- Upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, e-mail or otherwise transmit any material that contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- Harvest or collect any information from the Website; or
- Impersonates any person or entity, including PlayWell, LLC or its representatives.
THE WEBSITE IS PROVIDED ‘AS IS’ AND ‘AS-AVAILABLE,’ WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED. THESE TERMS ARE NOT A CONTRACT FOR SALE, AND THIS WEBSITE IS NOT A “GOOD” WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE. INSTEAD, THIS WEBSITE IS PROVIDED FOR FREE. PLAYWELL, LLC DISCLAIMS AND NEGATES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, OR TITLE/NON-INFRINGEMENT. FURTHER, PLAYWELL, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE INFORMATION ON THE WEBSITE OR OTHERWISE RELATING TO SUCH INFORMATION OR ON ANY SITES LINKED TO THIS SITE. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND YOU AGREE THAT PLAYWELL, LLC WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR YOUR USE OF THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitations of Liability and Damages
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL PLAYWELL, LLC HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF DATA OR PROFIT, OR OTHER INCIDENTIAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, INCLUDING USE OF THE WEBSITE, EVEN IF PLAYWELL, LLC OR PLAYWELL, LLC’S AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
You shall indemnify and defend to the fullest extent PlayWell, LLC and hold PlayWell, LLC harmless from and against any and all claims, actions, proceedings, losses, deficiencies, liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your (i) use of the Website; or (ii) breach of any of your obligations, representations or warranties in these Terms.
Accuracy of Materials
The materials appearing on the Website could include technical, typographical, or photographic errors. PlayWell, LLC does not warrant that any of the materials on the Website are accurate, complete or current. PlayWell, LLC may make changes to the materials contained on its website at any time in its sole discretion, without notice. However, PlayWell, LLC does not make any commitment to update the materials.
These terms and conditions are governed by and construed in accordance with the laws of New York and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
PlayWell, LLC makes no representation that the content of this Website is appropriate or available for use in locations outside the United States, and accessing the Service is prohibited from territories where such content is illegal. If you access the Website from outside of the United States, you do so at your own initiative and are responsible for compliance with local laws.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
PlayWell, LLC may assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Linking to the Website
You may link to the Website, but the link must be in plain text and may not damage, dilute or tarnish the reputation of PlayWell, LLC or its representative, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated with or associated with PlayWell, LLC, and you may not ‘frame’ the Website. You may not link to the Website from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in PlayWell, LLC’s sole discretion. PlayWell, LLC reserves the right, in its sole discretion, to terminate any link from any website.