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Terms of Service

Wellnest Collective, Inc. Terms and Conditions

Last updated: 12/17/2024

Welcome to Wellnest Collective, Inc.! By creating an account or using our services, you agree to the following Terms and Conditions. Please read them carefully, as they outline your rights and responsibilities as a Wellnest Collective, Inc. user. If you do not agree with these terms, please refrain from using our platform.

1. Acceptance of Terms

By accessing Wellnest Collective, Inc., you agree to abide by these Terms and Conditions, our Privacy Policy, and all applicable laws. You must be at least 18 years old to create an account.

2. Services Provided

Wellnest Collective, Inc. provides a platform that allows users to create and share product registries, connect with loved ones, and seek support during health journeys. Our services are intended for personal use, and you are responsible for your use of the platform.

3. User Responsibilities

  • Account Security: You are responsible for maintaining the confidentiality of your login information and for all activities under your account.
  • Appropriate Use: You agree not to use Wellnest Collective, Inc. for any unlawful or harmful purposes, including harassment, posting offensive content, or violating others' privacy.
  • Prohibited Conduct: Users agree not to engage in prohibited conduct, including but not limited to spamming, fraudulent fundraising, harassment, or posting another person’s personal medical information without their consent. Wellnest Collective, Inc. reserves the right to take appropriate actions, including suspension or termination, if users engage in prohibited conduct.
  • Accuracy of Information: Any information you provide on Wellnest Collective, Inc. should be accurate and truthful. You agree not to impersonate others, misrepresent your identity, or misrepresent your health condition or illness.
  • Honest Representation: You must provide truthful information regarding any health condition or illness, if disclosed on the platform. Misrepresentation of such information may result in the suspension or termination of your account.
  • Legal Responsibility for Misrepresentation: If you misrepresent your health condition or illness and receive monetary donations or other support from other users as a result, you will be legally responsible for repaying those funds to the donors. Wellnest Collective, Inc. reserves the right to take appropriate legal action if such misrepresentation occurs.
  • User-Generated Content: You are solely responsible for any content you post on Wellnest Collective, Inc., including registry items, personal stories, or support requests. Wellnest Collective, Inc. does not verify or endorse user-generated content and is not liable for its accuracy.

4. Privacy and Data Use

Wellnest Collective, Inc. respects your privacy. By using the platform, you agree to our Privacy Policy, which describes how we collect, use, and share your personal information.

Third-Party Tools and Analytics

We use third-party tools, such as Google Analytics, to collect and analyze data about your interactions with the platform. This includes information such as:

  • IP addresses
  • Device types
  • Browsing behavior (e.g., pages visited, time spent, and user navigation patterns)

Google Analytics may associate this data with personal information you provide on the platform. The purpose of this collection is to help us improve user experience, analyze platform performance, and deliver relevant updates.

Cookies and Opt-Out Options

We use cookies and similar technologies to track user activity. By using Wellnest, you consent to this data collection. If you do not wish to be tracked:

  • Manage cookies through your browser settings.
  • Opt-out of Google Analytics tracking using the Google Analytics Opt-Out Browser Add-On.

For more information about how we handle your data, please refer to our Privacy Policy.

Address Disclosure for Product Purchases: By adding individuals to your support circle on Wellnest, you authorize them to receive your shipping address if they choose to purchase items for you directly from your registry. This information will be shared solely for fulfilling support requests, and Wellnest is committed to safeguarding your privacy. Your address will not be disclosed to any third parties outside of your designated support circle and the specific, consented use of delivering items from your registry.

5. Health and Medical Disclaimer

HIPAA Disclaimer: Wellnest is not a healthcare provider, nor is it affiliated with or governed by the Health Insurance Portability and Accountability Act (HIPAA). While we prioritize user privacy and are committed to safeguarding personal information, Wellnest is not intended to manage or store sensitive medical information subject to HIPAA regulations. Users should refrain from sharing specific health details or any protected health information (PHI) on the platform. Please consult your healthcare provider directly for any medical advice or treatment-specific information. You agree not to rely solely on information from Wellnest Collective, Inc. for health-related decisions.

6. Psychological Support Disclaimer

Wellnest Collective, Inc. does not provide psychological, crisis, or emergency support. For emotional or psychological assistance, users should seek licensed professionals. If you or someone you know is in crisis, contact emergency services or a mental health professional immediately.

7. Third-Party Products, Links, and Donations

  • Third-Party Links and Products: Wellnest Collective, Inc. may contain links to third-party websites or offer access to third-party products. We do not endorse or take responsibility for these third-party sites or products, and you use them at your own risk.
  • Donations and Financial Transactions: Wellnest Collective, Inc. may facilitate the ability for users to make donations or provide financial support to others on the platform. However, Wellnest Collective, Inc. does not verify or guarantee the authenticity of any user, their claims, or the intended use of any donations. Users are responsible for any financial contributions they make, and Wellnest Collective, Inc. is not liable for disputes regarding donations.
  • Refund and Dispute Disclaimer: Wellnest Collective, Inc. does not facilitate refunds for donations or registry items contributed through the platform. Users are solely responsible for handling any disputes related to financial support, donations, or registry contributions.

8. User Verification Disclaimer

Wellnest Collective, Inc. does not verify users’ identities, health conditions, or the accuracy of any personal information or health claims made on the platform. Users are responsible for evaluating the information shared by others.

9. Intellectual Property

Wellnest Collective, Inc. and its content, including text, images, graphics, and logos, are owned by Wellnest Collective, Inc. or licensed to us. You may not use, copy, or distribute any content from Wellnest Collective, Inc. without our written permission.

10. Modification of Services

Wellnest Collective, Inc. reserves the right to modify, suspend, or discontinue any features, services, or parts of the platform at any time without notice.

11. Age Restriction Verification

By creating an account, you confirm that you are at least 18 years of age. Wellnest Collective, Inc. is not liable for any misrepresentation of age by users.

12. Termination of Service

We reserve the right to suspend or terminate your account at any time if you violate these Terms and Conditions or if we suspect misuse of the platform.

13. Limitation of Liability

Wellnest Collective, Inc. is provided “as is” without any warranties, express or implied. We are not liable for any direct, indirect, or incidental damages resulting from your use of Wellnest Collective, Inc. This includes, but is not limited to, damages or losses resulting from reliance on information provided by Wellnest Collective, Inc. or other users, financial support decisions, or reliance on registry items. You assume full responsibility for any decisions or actions based on information provided on Wellnest Collective, Inc.

14. No Warranty Clause

Wellnest Collective, Inc. is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. Wellnest Collective, Inc. does not guarantee uninterrupted or error-free service and disclaims all warranties related to availability, security, or performance of the platform.

15. Indemnification

You agree to indemnify and hold harmless Wellnest Collective, Inc. and its affiliates, employees, and agents from any claims, damages, liabilities, or expenses arising out of your use of the platform or violation of these Terms. This includes any claims or disputes between users and all associated legal fees.

16. Changes to Terms and Conditions

We may update these Terms and Conditions from time to time. If we make significant changes, we will notify you by email or by posting a notice on the platform. Your continued use of Wellnest Collective, Inc. after such changes constitutes your acceptance of the updated terms.

17. Force Majeure

Wellnest Collective, Inc. is not liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of nature, technical malfunctions, regulatory changes, or other unforeseen events.

18. Dispute Resolution

In the event of a dispute arising out of or relating to these Terms and Conditions or the use of Wellnest Collective, Inc., the parties agree to first attempt to resolve the dispute through informal negotiations. If the dispute cannot be resolved through negotiation, the parties agree to submit to mediation or binding arbitration, conducted in the State of Delaware, before pursuing formal legal action.

19. Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal claims or disputes arising from your use of Wellnest Collective, Inc. must be resolved exclusively in the courts located in Delaware, United States.

20. Stripe Connect Liability Disclaimer

Stripe Connect and LiabilityWellnest uses Stripe Connect to facilitate financial transactions between supporters and beneficiaries. It is important to understand the following terms regarding liabilities:

1. Wellnest as a Platform

Wellnest provides the platform to connect supporters with beneficiaries but does not act as an intermediary in financial transactions. All financial interactions are processed directly through Stripe Connect.

2. Liabilities

Any liabilities arising from transactions, including but not limited to chargebacks, refunds, or disputes, are the sole responsibility of the beneficiary receiving the funds.

Supporters acknowledge that Wellnest is not liable for resolving or managing such disputes and will defer to Stripe’s policies for transaction management.

3. Stripe Policies

Users agree to Stripe’s Terms of Service for all financial interactions facilitated on Wellnest.

Acceptance

By creating an account on Wellnest Collective, Inc., you acknowledge that you have read, understood, and agree to these Terms and Conditions.