WEGO HEALTH TERMS OF SERVICE AGREEMENT
Last Updated November 15, 2016
WG Health Enterprises, Inc., which does business under the name "WEGO Health," is delighted that you have decided to become involved with WEGO Health. For purposes of this Agreement, "you", "yourself" or "your" means the person who participates in any Program (as defined below) offered by WEGO Health, who accesses any part of the WEGO Health Website (as defined below), or both. By using the WEGO Health Website or any other websites under the control of WEGO Health, whether partial or otherwise, (collectively, the "WEGO Health Website" or “Site”), you accept, and agree to be bound by, this Terms of Service Agreement (the "Agreement" or these “Terms of Service”).
WEGO Health will post changes to these Terms of Service on the Site and will indicate at the top of this page the date these terms were last revised. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new or revised Terms of Service.
1. Authorized Use of Site. The WEGO Health Website provides information about health care and health care advocacy. It also offers services to both users requesting services to be performed (each, a “Client”, and such services, the “Engagement”) and users interested in providing such services (each, an “Expert”). Under this Agreement, WEGO Health provides services to you in your capacity as either a Client or an Expert. Our services include curating Clients and Experts, facilitating the formation of agreements between Clients and Experts and managing disputes related to those agreements. Clients post jobs and invite Experts to apply. Experts, in turn, post profiles and bid on Engagements. If a Client and Expert agree on terms, an agreement is formed directly between such Client and Expert subject to the provisions set forth in this Terms of Service. WEGO Health collects payment from Clients in connection with their acceptance of an Expert bid through the WEGO Health platform. WEGO Health then pays Experts on behalf of Clients in connection with their delivery of services through the Site once the Engagement is accepted by the Client.
You agree to not do the following when you post a service request or transmit information on the Site:
- Post requests for services that are fake, post without the intention to hire or complete the service, or post only to receive pricing information.
- Post any requests, submit any proposal, or otherwise use the Site to transmit any content or conduct any transaction that would violate any applicable law or regulation in the United States or any other country.
- Post any requests for free services.
- Post any requests, proposals or content that infringes a third party's intellectual property rights, license rights, the terms of service or use of such third party's website, the copyrighted materials or such third party or the rights of publicity or privacy of such third party.
2. Registration and Passwords. In order to do certain things on the WEGO Health Website, you will be required to provide specific information. All information about you must be truthful. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of such access codes or passwords.
3. WEGO Health and Sponsor Content. The contents, advertisements, information and other materials of WEGO Health and the WEGO Health Website, and of all other websites under WEGO Health's control, whether partial or otherwise, such as text, graphics, images, logos, trademarks, copyrighted material, button icons, software and other content (collectively, “WEGO Health Content”) and the compilation (meaning the collection, arrangement and assembly) of all WEGO Health Content, are protected under copyright, trademark and other laws. As between you and WEGO Health, all WEGO Health Content is WEGO Health's exclusive property. Unauthorized use of WEGO Health Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in WEGO Health Content on any permitted copy you make of WEGO Health Content. You shall not copy or adapt the code that WEGO Health creates to generate any WEGO Health Content or the pages making up any WEGO Health Website, which is also protected by WEGO Health’s copyright.
The contents, advertisements, information and other materials of any WEGO Health sponsor (“Sponsor”) or on any Sponsor’s website, and on all other websites under any Sponsor’s control, whether partial or otherwise, such as text, graphics, images, logos, trademarks, copyrighted material, button icons, software and other content (collectively, “Sponsor Content”) and the compilation (meaning the collection, arrangement and assembly) of all Sponsor Content, are protected by copyright, trademark and other laws. As between you and any Sponsor, all Sponsor Content is Sponsor’s exclusive property. Unauthorized use of Sponsor Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in Sponsor Content on any permitted copy you make of Sponsor Content.
You may not sell or modify WEGO Health Content or Sponsor Content or reproduce, display, publicly perform, distribute, or otherwise use WEGO Health Content or Sponsor Content in any way for any public or commercial purpose, unless previously approved in writing by WEGO Health or Sponsor (as applicable). The use of WEGO Health Content or Sponsor Content on any other website for any purpose is prohibited. For sake of clarity, you are not permitted to use any WEGO Health Content or Sponsor Content unless you are given express permission to do so by WEGO Health or Sponsor (as applicable).
By using the WEGO Health Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in this Agreement, no license is granted to you and no rights are conveyed by virtue of accessing or using the WEGO Health Website. All rights not granted under this Agreement are reserved by WEGO Health.
4. Exclusivity. For a period of twelve (12) months from the time you identify an Expert through the WEGO Health Website (“Exclusivity Period”), you will use the WEGO Health Website as your exclusive method to receive all Services and make all payments, directly or indirectly, with that Expert or arising out of your relationship with that Expert. Upon expiration of the Exclusivity Period, and upon written approval from WEGO Health, you will be free to directly deal with the applicable Expert outside of the WEGO Health Website and independently from these Terms of Service.
5. Termination of Access. WEGO Health may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Service will cause irreparable harm to WEGO Health, for which monetary damages would be inadequate, and you consent to WEGO Health obtaining any injunctive or equitable relief that WEGO Health deems necessary or appropriate in such circumstances, without limiting WEGO Health’s other available remedies. Further, WEGO Health may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.
WEGO Health reserves the right to remove you from any campaign, program, task, activity, action, poll, survey, contest, sweepstakes, or the like, coordinated by WEGO Health (each a “Program”) at any time for any reason with or without notice.
7. Contact. WEGO Health has the right, but not the obligation, to periodically contact you with information, updates, and special offers via email. If there are any inaccuracies in such correspondence, WEGO Health will not be held responsible.
9. Right to Offer Programs. WEGO Health will offer Programs to you based on various parameters, as well as previous performance and/or certain scores determined by WEGO Health. If you qualify for a Program, you will have the ability to join the Program by completing a Program Sign-up Page on the WEGO Health Website, and following the instructions provided. You may also be contacted directly via email, direct message, or SMS when a Program is launched. WEGO Health may choose to allow you to participate in a Program in its sole and absolute discretion.
10. Photo, Video and Audio Release. In connection with various activities which you will be conducting with WEGO Health, including without limitation: participating in WEGO Health events and Programs, providing photos, videos and statements to WEGO Health, participating in photo shoots relating to WEGO Health, and participating in audio and video taping relating to WEGO Health you agree as follows:
- All statements, photographs, audio recordings or video recordings taken of you by WEGO Health, its contractors or customers, or submitted by you to WEGO Health, its contractors or customers, may be used by WEGO Health, its contractors or customers, for promotional, commercial or other purposes as determined by WEGO Health anywhere in the world in its sole discretion. You shall not have any right to control the use or publication by WEGO Health, its contractors or customers, of the statements, photographs, audio recordings or video recordings.
- All statements, photographs, audio recordings or video recordings taken of you by WEGO Health or its contractors, or submitted by you to WEGO Health, shall be the sole property of WEGO Health or its designee. You shall not receive any compensation in connection with use of these statements, photographs, audio recordings or video recordings for promotional, commercial or other purposes.
- You hereby release, waive and discharge any claims of any kind or nature arising out of or relating to the use of the statements, photographs, audio recordings or video recordings which you may have against WEGO Health or any person or firm authorized by WEGO Health to publish said materials (“Publisher”). Such release, waiver and discharge shall also extend to all affiliated companies, shareholders, directors, officers, employees, agents and assigns of WEGO Health and any Publisher.
- The releases of rights described above shall be binding on your successors, heirs, assigns, executors, administrators, spouse and next of kin.
- YOU HAVE READ THIS SECTION 5 CAREFULLY AND YOU UNDERSTAND THAT YOU GIVE UP SUBSTANTIAL RIGHTS (INCLUDING RIGHTS RELATING TO PUBLICITY AND PRIVACY WITH RESPECT TO THE COMMERCIAL USE OF ANY STATEMENTS, PHOTOGRAPHS, AUDIO RECORDINGS OR VIDEO RECORDINGS) AND YOU AGREE TO THIS RELEASE FREELY AND VOLUNTARILY.
11. Taxes. All taxes applicable to any compensation provided by WEGO Health to you under this Agreement will be your liability and WEGO Health shall not withhold or pay any amounts for federal, state or municipal income tax, social security, unemployment, worker’s compensation or any similar tax or charge. In accordance with current law, if WEGO Health is required to file with the Internal Revenue Service a Form 1099-MISC, U.S. Information Return for Recipients of Miscellaneous Income, reflecting the gross annual compensation paid by WEGO Health to you, then you will be required to complete and submit a Form W-9. You acknowledge that you shall be solely responsible for the reporting and payment of all federal, state and local income taxes, social security taxes, all federal and state self-employment taxes, and other governmental obligations resulting from the receipt of compensation under this Agreement. You hereby indemnify and save harmless WEGO Health from any liability for any taxes, penalties or interest that may be assessed by any taxing authority with respect to compensation received by you from WEGO Health.
12. Code of Conduct. WEGO Health requires that you abide by the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf) (“FTC Endorsement Guides”). WEGO Health believes in full transparency and in full, fair and effective disclosures of material facts relating to your relationship with WEGO Health and its Sponsors. Per the FTC’s Endorsement Guides, if you are receiving free products, services, payment or other in-kind compensation in exchange for your participation in a Program or in return for promoting a Sponsor or its products/services, you must disclose your connection to WEGO Health and/or its Sponsor. This disclosure should appear in close proximity to any statements you make about Sponsor’s products or services or the Sponsor in general.
13. User Disputes. You are solely responsible for your interactions with others who are involved with WEGO Health. WEGO Health reserves the right, but has no obligation, to monitor disputes between you and others.
14. WEGO Health’s Liability. WEGO Health is only a venue and WEGO Health does not screen or censor information on its website. The site, and all server and network components, are provided on an “as is” and “as available” basis without any warranties of any kind, and WEGO Health expressly disclaims all other representations and warranties, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement, and any representations or warranties arising from course of dealing, course of performance or usage of trade. You acknowledge that WEGO Health does not warrant that your access or use of the site will be uninterrupted, timely, secure, error-free or virus-free, and WEGO Health does not make any warranty as to the results that may be obtained from use of the Site or the WEGO Health Content, and no information, advice or services obtained by you from WEGO Health or through the Site will create any warranty not expressly stated in these Terms of Service.
Because authentication on the Internet is difficult, WEGO Health cannot and does not confirm that any user of the Site is who that user claims to be. Because we do not and cannot be involved in dealings which users of the Site have with each other, or control the behavior of participants on any WEGO Health Website, in the event that you have a dispute which relates in any way to the WEGO Health Website, you release WEGO Health (and our agents and employees) from all claims, demands and damages (actual or consequential, direct or indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur with respect to your account.
15. Exclusion of Damages and Limitation of Liability. In no event will WEGO Health be liable to you for any incidental, consequential, indirect, special, punitive or exemplary damages (including damages for loss of business, loss of profits or the like) arising out of or relating to these Terms of Service, including without limitation, your use or inability to use the Site, services, WEGO Health Content, proprietary information, or any interruption or disruption of such use, even if WEGO Health has been advised of the possibility of such damages and regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise). The aggregate liability of WEGO Health with regard to these Terms of Service will in no event exceed US $1.00.
16. Governing Law; Dispute Resolution; Jury Waiver. These Terms of Service are made under, and will be construed and enforced in accordance with, the laws of the Commonwealth of Massachusetts applicable to agreements made and to be performed solely therein, without giving effect to principles of conflicts of law. In any action between or among any of the parties, whether arising out of these Terms of Service or otherwise, each of the parties irrevocably and unconditionally (a) consents and submits to the exclusive jurisdiction and venue of the state and federal courts located in Boston, Massachusetts; and (b) waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or any transactions contemplated hereby.
17. Indemnification. You agree to indemnify, hold harmless and defend WEGO Health, its Sponsors, subsidiaries, affiliates, officers, directors, employees, stockholders, agents, partners, and their respective successors and assigns against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, debts, expenses, judgments, losses or other liabilities of whatever kind or nature as they are incurred or threatened (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees), arising from or out of or in connection with the following:
- a breach by you of this Agreement or any obligation or covenant in this Agreement, including your representations and warranties set forth in this Agreement;
- a violation of any law, rule, regulation, or authority by you in connection with the performance of this Agreement, your use of the Site or your involvement in a Program; or
- any negligent, reckless or intentional acts or omissions committed by you in connection with the entry into or performance of this Agreement, your use of the Site or your involvement in a Program.
18. Legal Compliance. You agree to comply with all federal, state, local and foreign laws, rules, regulations and court orders that are applicable to your use of the WEGO Health Website or any Program and not to use the WEGO Health Website or any Program for any purpose that is contrary to any such laws, rules, regulations or orders.
ACCEPTANCE OF TERMS
Your use of, or access to, the WEGO Health Site constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.
Effective Date: This Agreement is effective and was last updated on November 15, 2016.
Exhibit A to WEGO Health Terms of Service Agreement
Information Collected About You
Newsletters and Emails to You
At registration and at various times as you use the WEGO Health Web Sites, you will be given the option of providing us with Personal Information in order to receive recurring informational/promotional newsletters – such as a newsletter relating to a specific health condition – via email from WEGO Health and/or directly from third parties. When you sign up for our email newsletters or at any time, you can choose to opt out of receiving additional promotional newsletters from WEGO Health or our Sponsors. You can unsubscribe from a newsletter by following the directions included at the bottom of the newsletter.
Blogs, Comments and Other Public Forums
WEGO Health features community areas, comment areas and other public forums where users can contribute information and support one another or where users can post questions for experts to answer. Our communities are open to the public and should not be considered private.
Any information (including Personal Information) you share in any online community area including comments or online discussion is by design open to the public and is not private. You should think carefully before posting any Personal Information in any public forum. What you post can be seen, disclosed to or collected by third parties and may be used by others in ways we cannot control or predict, including to contact you for unauthorized purposes. As with any public forum on any site, the information you post may also show up in third-party search engines.
If you mistakenly post Personal Information in our community areas and would like it removed, you can send us an email to request that we remove it by using the Contact Us link on every page of the WEGO Health Web Sites. In some cases, we may not be able to remove your Personal Information.
Emails You Send to WEGO Health
Even if you do not register with or provide any Personal Information to WEGO Health, we collect Non-Personal Information about your use of the WEGO Health Web Sites. “Non-Personal Information” means information that we cannot use to identify or contact you. We may also acquire Non-Personal Information about our users from external sources. While you may use some of the functionality of WEGO Health without registration, many of the specific tools and services on the WEGO Health Web Sites require that you register with WEGO Health.
Cookies and Web Beacons
Mobile Device Applications (“Apps”)
WEGO Health’s Apps obtain your consent (via an opt-in) before using information from pin-pointing technology like GPS or cell tower information. You can withdraw your consent (opt-out) for the use of "location" by WEGO Health at any time by changing your location services in the "Settings" function on your mobile device.
Non-Personal Information Collected by Third Parties Not Acting on WEGO Health’s Behalf
What Choices Do I Have?
Updating/Removing Your Personal Information
If you have registered and desire to delete any of your Personal Information you have provided to us from our systems please contact us using the contact information listed below. Upon your request, we will delete your Personal Information from our active databases and where feasible from our back-up media. You should be aware that it is not technologically possible to remove each and every record of the information you have provided to the WEGO Health Web Sites from our servers.
Most browser software can be set to reject Cookies. Most browsers offer instructions on how to reset the browser to reject Cookies in the "Help" section of the toolbar. If you reject our Cookies, certain of the functions and conveniences of the WEGO Health Web Sites may not work properly but you do not have to accept our Cookies in order to productively use the WEGO Health Web Sites.
How Information Collected About You Is Used
Information collected by WEGO Health about you is used by WEGO Health to:
- administer your account,
- provide you with access to particular tools and services,
- understand your use of the internet and social media, and to compare your behavior to other members,
- respond to inquiries you send to us and send you administrative communications about the WEGO Health Web Sites or services,
- obtain your feedback about the WEGO Health Web Sites or our offerings,
- statistically analyze user behavior and activity including how frequently areas of the site are visited and how many emails are received and opened,
- provide you with more relevant content or advertising both on the WEGO Health Web Sites or on other web sites that you visit after you leave the WEGO Health Web Sites, and
- conduct research and measurement activities, including those described below.
WEGO Health may combine Personal and Non-Personal Information collected by WEGO Health about you, and may combine this information with information from external sources.
Information that WEGO Health collects about you may be combined by WEGO Health with other information available to WEGO Health through third parties for research and measurement purposes, including measuring the effectiveness of content, advertising or programs. This information from other sources may include age, gender, demographic, geographic, personal interests, product purchase activity or other information. We may report aggregate information, which is not able to be identified back to an individual user of the WEGO Health Web Sites, to our current or prospective advertisers and other business partners. We do not sell or share any Personal Information with any third parties, except experts performing services on our behalf who agree not to use this information received from us for any purpose other than performing services on our behalf.
With Whom Do We Share Your Information?
Disclosures to WEGO Health Operations and Maintenance Service Providers
Disclosures to Third Party Web Sites
How Do We Secure and Retain Your Information?
We take reasonable security measures to protect the security of your Personal Information. Despite WEGO Health's efforts to protect your Personal Information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the Internet may be intercepted.
We will retain your Personal Information as long as your account is active or needed to provide you services. We will also retain your Personal Information as necessary to comply with legal obligations, resolve disputes and enforce our agreements.
We are committed to protecting the privacy of children. The WEGO Health Web Sites are not designed or intended to attract children under the age of 13. The WEGO Health Web Sites do not collect Personal Information from any person we actually know is under the age of 13.
Contacting WEGO Health About Your Personal Information or Privacy
You can also contact WEGO Health’s Privacy Office at:
Attn: Office of Privacy
50 Milk Street, 16th Floor
Boston, MA 02109