ACCEPTABLE USE POLICY
This policy applies to all users of WellSeek, Inc.’s (“WellSeek”) website, products, software, and services (collectively “Offerings”). This policy establishes specific requirements for accessing and using all of WellSeek’s Offerings.
If an individual is found to be in violation of the Acceptable Use Policy, WellSeek may seek to suspend, deactivate, or terminate the account. WellSeek may seek an adequate remedy for any violations, including bringing an action in an appropriate legal venue and/or reporting any actions to a suitable law enforcement entity. Individuals are also subject to federal, state and local laws governing many interactions that occur on the Internet. These policies and laws are subject to change as state and federal laws develop and change.
The following activities are, in general, prohibited. The list below is by no means exhaustive, but an attempt to provide a framework for activities which fall into the category of unacceptable use. Users must report any incidents of possible misuse or violation of this Acceptable Use Policy.
As a user of WellSeek’s Offerings, you must not:
- Use or display WellSeek’s name, logo, trademark, or branding without WellSeek’s consent.
- Disseminate or use any copyrighted material without permission.
- Attempt to gain unauthorized access to WellSeek, its systems, or its technical providers’ systems, including any attempt to probe, scan or test the vulnerability of WellSeek’s systems or networks.
- Interfere with service to any user, host or network, including attempts to overload a system and any activity resulting in the crash of a host.
- Use any method to access, search, scrape, download, or change WellSeek’s Offerings.
- Post or send unsolicited, unapproved, or unrelated material to users who have not expressly agreed to receive the material.
- Forge any TCP/IP packet header or header information in any email or newsgroup posting, or in any way use WellSeek to send altered source-identifying information.
- Attempt any action that invades the privacy of other individuals or users, including collecting or storing any WellSeek user’s personal information, without the user’s permission.
- Impersonate or misrepresent your affiliation with any person or entity.
- Create or display advertisements that closely resemble or could reasonably be mistaken as a WellSeek Offering.
- Attempt to reverse engineer any of WellSeek’s Offerings.
- Share your account(s), password(s), username(s) or similar information used for WellSeek’s Offerings.
- Directly compensate users for promotional or marketing efforts.
- Encourage or help anyone do any of the things on this list.
WellSeek, at its sole discretion, will determine what materials, files, information, software, communications, and other content and/or activity will be permitted or prohibited. WellSeek may revise the Acceptable Use Policy at any time by amending this page.
INTELLECTUAL PROPERTY POLICY
WellSeek, Inc. has adopted the general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”).
Submitting a Copyright Complaint
If you believe that material or content residing on or accessible through WellSeek’s websites or services infringes a copyright, please send a notice of copyright infringement to WellSeek’s designated agent (“Copyright Agent”). The address of the Copyright Agent is listed below.
Content of the DMCA Notice
The DMCA should include the following information:
- Identification of the copyrighted work or material claimed to be infringed.
- Identification of the work or material that is claimed to be infringed. The identification should include reasonably sufficient detail to permit WellSeek to find and verify its existence. Identification should include the URL of the link where the claimed infringed material is located.
- The address, telephone number, and if available, email address, of the notifier.
- A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Action taken by WellSeek in response to a DMCA Notice
Upon receipt of the DMCA Notice, WellSeek will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
Submitting a Counter-Notice
If the content provider, member or user (collectively “content provider”) receives a notification that any particular content has been removed or to which access was disabled due to a DMCA Notice and the content provider believes that the material is either not infringing or the content provider has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider must send a counter-notice containing the following information to the Copyright Agent listed below:
- Identification of the material that has been removed or to which access has been disabled.
- The location at which the material appeared before it was removed or disabled, including the source address of the content.
- A statement that the content provider has a good faith belief that the material was removed or disabled in error.
- The address, telephone number, and if available, email address, of the content provider.
- A statement that the content provider consents to the jurisdiction of Federal District Court for the judicial district in which the content provider’s address is located, or if the content provider’s address is located outside the United States, for any judicial district in which WellSeek is located, and that content provider will accept service of process from the person who provided the original notification or an agent of such person.
- A physical or electronic signature of the content provider.
Action taken by WellSeek in response to a DMCA Notice
When WellSeek receives a valid counter-notice, WellSeek will forward a copy to the entity who filed the original complaint. If WellSeek does not receive notice within ten (10) business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, WellSeek will remove the complaint from your account’s record, and WellSeek may replace the content that was removed.
Designated Copyright Agent Delivery Address
WellSeek Copyright Agent
P.O. Box 722154
San Diego, CA 92172
Submitting a Trademark Complaint
If you are concerned that someone may be using your trademark in an infringing way on our site, you can notify WellSeek by providing the information below in an email to WellSeek at:
In order to investigate trademark policy violations, please provide the following information:
- Full name or company name.
- Trademarked work, symbol, etc.
- Trademark registration number
- Trademark Registration Office
If the trademark violation you are reporting is not a registered mark, please provide the following information:
- Full name, address, phone number, and if available, email address.
- Description of confusion.
- Requested Action.
WellSeek may send a Trademark Complaint notification to the alleged infringer and provide any relevant information from your notice of alleged Trademark Complaint.
Contesting a Trademark Complaint
If you receive a Trademark Complaint notification from WellSeek, you may contest it by submitting a statement to WellSeek at: [email protected] letting WellSeek know why you think the complaint is invalid (please include any reference information included in the Trademark Complaint notification).
WellSeek will review your submission and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the identified materials from the WellSeek site.
Protected Health Information
If you are a client receiving nutritional advice or consultations through the Offerings from a Dietitian, you have other rights with respect to the access, use, and disclosure of your protected health information (“PHI”). For a more complete description of your rights under the Health Insurance Portability and Accountability Act (“HIPAA”), please refer to your Dietitian’s Notice of Privacy Practices, which provides important information to you about how your PHI may be used and disclosed.
WellSeek may request and receive some of your financial information from our Payment Processor for the purposes of completing transactions through the Offerings, protecting against or identifying fraudulent transactions, and otherwise as needed to manage the Offerings.
In addition to log data and cookies, WellSeek may also collect information about the device through which you access our Offerings. This information may include operating system, device settings, unique identifiers, and operational data. Different types of information can be collected based on your specific device, which also depends on the policies of your device manufacturer or software provider.
We do not provide Personal Information to any third parties for use outside of the Offerings. We may serve advertisements and also allow third party advertisements through the Offerings. These advertisements are sometimes targeted and served to particular users and may come from third party companies (“ad networks”), including third party ad servers, ad agencies, ad technology vendors and research firms. The advertisements may target users who fit a certain general profile category based on anonymized information inferred from information provided to us by a user, including Personal Information, usage patterns of particular users, or your activity on Third Party Services.
When using the Offerings you may share your Personal Information and/or PHI with your designated Dietitian(s). By using the Offerings, you expressly consent to sharing your Personal Information and/or PHI with your Dietitian, and you understand that all information shared with your Dietitian is subject to your Dietitian’s professional and legal duties of confidentiality and responsibility, which WellSeek does not control. You expressly authorize the sharing of this information with other Dietitians on WellSeek who you elect to contact.
WellSeek may employ and contract with other people and entities that perform certain tasks on our behalf and who are under our control (“Agents”). We may share Personal Information with our Agents to provide products and services to you. Unless otherwise advised, our Agents, do not have any right to use Personal Information or other information we share with them outside of the scope of what is necessary to assist you. You hereby consent to our sharing of Personal Information with our Agents.
We seek to protect Account information to ensure that it is kept private. WellSeek stores all of your information using industry-standard techniques. However, WellSeek cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. Your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information and protect your password.
When we collect, maintain, access, use, or disclose your Personal Information and/or PHI, we will do so using systems and processes consistent with information privacy and security requirements under applicable federal and state laws, including, without limitation, HIPAA. We will limit access to your Personal Information and PHI to personnel who have a need to know it for purposes of delivering our Offerings. All of our personnel must comply with our restrictions on access, use, and disclosure of PHI or fact disciplinary action.
California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: [email protected].
You may delete your Account by emailing [email protected]. When you terminate your account, WellSeek will deactivate it and remove your content from WellSeek. WellSeek may retain archived copies of your information as required by law or for legitimate business purposes.
You may contact WellSeek at the following email address: [email protected].
For information about opting out of Gourmet Ads and ad serving partners please visit http://www.gourmetads.com/about/privacy-policy“