SAMARITAN FAMILY WELLNESS FOUNDATION
WEBSITE TERMS OF USE
PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THE LIVING COMPASS OR WELLNESS COMPASS WEBSITES.
The websites www.LivingCompass.org and www.WellnessCompass.org. are owned, managed, and operated by Samaritan Family Wellness Foundation (the “Foundation”). These Terms of Use and any amendments or supplements to it, form a legally binding agreement between you and Samaritan Family Wellness Foundation.
ACCEPTANCE OF THESE TERMS
THESE TERMS OF USE (“TERMS”) GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE AND ITS CONTENT. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE AS THESE TERMS IMPACT YOUR LEGAL RIGHTS.
IF YOU CHOOSE TO ACCESS AND USE THIS WEBSITE, YOU ARE ENTERING INTO A BINDING CONTRACT WITH THE FOUNDATION IN ACCORDANCE WITH THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THIS WEBSITE.
COOKIES, PIXELS, SESSION REPLAY AND OTHER TRACKING TECHNOLOGIES (ADTECH)
THIS WEBSITE MAY USE COOKIES, PIXELS, SESSION REPLAY AND OTHER TRACKING TECHNOLOGIES, INCLUDING THIRD-PARTY TRACKING TECHNOLOGIES, OR CHATBOTS (“ADTECH”). WE MAY USE ADTECH TO COLLECT AND PERFORM DATA ANALYTICS, TO RECORD HOW YOU INTERACT WITH THE WEBSITE AND ITS CONTENT.
BY VISITING AND USING THIS WEBSITE, YOU ARE CONSENTING TO OUR USE OF ADTECH AND UNDERSTAND AND AGREE THAT WE MAY SHARE PERSONAL INFORMATION COLLECTED ABOUT YOU FROM THE USE OF ADTECH WITH THIRD-PARTY ADVERTISING AND ANALYTICS PARTNERS. FOR MORE INFORMATION ABOUT HOW WE USE ADTECH, PLEASE SEE OUR (LINK TO PRIVACY POLICY).
CHANGES TO THESE TERMS
We reserve the right to change these Terms at any time. All changes will be effective immediately upon posting to this Website. Each time you access or use this Website after changes are posted, you consent to those changes. Material changes will be conspicuously posted on the Website, at the top of these Terms or otherwise communicated to you.
TERMS OF USE
1. PRIVACY POLICY
We may collect certain personal information from you when you use this Website. Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with you or your household. Personal Information does not include publicly available information or aggregated information that does not include personal identifiers. We handle personal information in the manner described in our (Link To Privacy Policy).
2. ELIGIBILITY
To use this Website, you must be (a) 18 years or the age of majority in your state of residence; or (b) 13 years or older and have your parent or guardian's consent to the Agreement.
This Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.
3. MODIFICATIONS TO THE AGREEMENT
The Foundation may make changes to these Terms of Use from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms of Use constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.
4. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND LICENSE
This Website contains certain text, graphics, data, photographs, creative works, reports, and other materials (“Content”). The Website and its Content are protected by copyright, trademarks, patents, or other proprietary rights and laws. (“Intellectual Property Rights”)
You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print Content retrieved from the Website for the sole purpose of using or placing an order via the Website or for non-commercial personal use.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise in the Content or any of the Foundation’s Intellectual Property or Proprietary Rights.
5. ACCEPTABLE USE POLICY
You may only use this Website for lawful purposes, and you must not use them in any way that infringes upon the rights of anyone or restricts or inhibits anyone’s use of the Website. If you use this Website and its Content, you must comply with the following restrictions:
o No Copying or Republication. You are prohibited from copying the Content, images, and descriptions, except for personal use without our prior written agreement.
o No Scrapping. You are prohibited from accessing the Website and its Content with any robot, spider, web-crawler, script, service, scraping tool, software or any other manual or automated process or device to scrape, copy or retrieve Content from the Website.
o No Unauthorized Sharing of Content. You may not modify, adapt, translate, copy, distribute, publish, re-publish, transmit, display, perform, reproduce, reuse, sell, resell, license, create derivative works of, transfer the Content, or any part of the Content obtained from the Website without our prior express written agreement.
o No Linking or Framing. You may not link or frame to any pages of the Website or any Content except as may be specifically authorized by the Foundation in advance and in writing.
o No Inappropriate Content. You agree not to submit any materials that are vulgar, profane, abusive, hateful, or which use sexually explicit language, epithets or slurs, text or images in poor taste, inflammatory attacks of a personal, sexual, racial, or religious nature, or expressions of bigotry, racism, discrimination or hate or that harms or is inappropriate for minors to view.
o Limits on User-Generated Materials. You agree not to submit any materials that are defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is harmful or offensive to any individual or community, contains any actionable statement, tends to mislead or reflect unfairly on any other person, business or entity or submit materials that contain copyrighted content without the express permission of the owner of the copyrights in the Content.
o Protection of Intellectual Property Rights. You shall not commit any acts of infringement on or in connection with the use of the Website or its Content.
o No Use with AI. You are prohibited from using or incorporating the Content into any large learning model, algorithmic software program, data set, AI Model or generative AI tool, including, but not limited to, training or using the Content in developing or operating a machine learning or artificial intelligence (“AI”) system.
o Protection of Personal Information. You will not disclose any personal information or image of another individual without that person’s prior written consent or, in the case of minors, without the prior written consent of their parent or legal guardian.
o No Harmful Behavior. You will not submit inaccurate information via the Website or your account, commit fraud or falsify information in connection with your use of the Websites or your account, or act maliciously against the interests or reputation of the Foundation, its employees, or users of the resources provided by the Foundation. You will not interfere with another person’s or entity’s use or enjoyment of the Website or its Content. You will not use the Website for the purposes of submitting chain letters, junk mail, or spamming.
o No Impersonations. You may not impersonate or attempt to impersonate another user or person when using the Website or its Content.
o No Assignment. You will not sell or otherwise transfer your on-line account.
o No Harassment. You will not harass, annoy, intimidate, or threaten anyone when using the Websites or its Content.
o No Interference with the Operation of the Website. You will not engage in activities designed to disable, damage, change the functionality or appearance of the Websites or render the Website inoperable or to make it more difficult to use. You will not use the Website to access our network or infrastructure.
o No Hacking. You will not attempt to gain unauthorized access to other computer systems from or through the Website or your account; not to upload, post, or transmit malware, viruses, Trojan horses, worms, time bombs, cancelbots, ransomware, or other harmful, disruptive, or destructive files or computer programming routines (“Malware”); and not to disrupt, interfere with, or otherwise harm or violate the security of the Website, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website.
o No Violation of Applicable Laws. You are expressly prohibited from using the Website or its Content in violation of any applicable international, federal, state, or local laws, rules or regulations, including, but not limited to the privacy laws and the export laws of the United States.
o Cooperation with Law Enforcement. The Foundation will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD THE FOUNDATION HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
6. DISCLAIMER AS TO CONTENT: NO MEDICAL OR HEALTHCARE ADVICE
THE INFORMATION AND CONTENT (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM.
THE WEBSITE AND ITS CONTENT ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT.
THE FOUNDATION ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT, INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE.
WHILE THE FOUNDATION STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP TO DATE, THE FOUNDATION CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
7. DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF THE WEBSITE
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE FOUNDATION DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
THE FOUNDATION MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OR CONTENT OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL CONTENT, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
8. LIMITATION OF LIABILITY
YOU AGREE THAT YOU WILL HOLD HARLMESS THE FOUNDATION, ITS EMPLOYEES AND REPRESENATIVES FROM ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ITS CONTENT, OR OTHER WEBSITES TO WHICH IT IS LINKED.
THIS INCLUDES, BUT IS NOT LIMITED TO, INFORMATION OR MATERIALS VIEWED OR DOWNLOADED FROM THE WEBSITE OR OTHER WEBSITES TO WHICH IT IS LINKED THAT APPEAR TO YOU TO BE OR MAY OTHERWISE BE CONSTRUED AS OBSCENE, OFFENSIVE, DEFAMATORY, INACCURATE, INCOMPLETE, OR IN VIOLATION OF ANY PROPRIETARY RIGHT. IN NO EVENT WILL THE FOUNDATION OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU BASED ON SUCH INFORMATION OR ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Foundation from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
10. LINKS TO OTHER WEBSITES THE FOUNDATION DOES NOT CONTROL
The Website may provide links to other websites and/or resources, including advertisers, over which the Foundation has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by the Foundation of content, items, or services on those third-party websites. You access, view, and use such Website links, including the content, items, or services on those websites, solely at your own risk.
The Foundation makes no representations or warranties with respect to the content, ownership, or legality of any such linked Websites. You agree that the Foundation has no responsibility or liability for the availability of such external Websites or resources, or for the Content, advertising, products, or other materials available through such websites or resources. When you leave the Website via a link to another Website, you will be subject to the Privacy Policy and the Terms of Use of such other Website.
11. WAIVER AND SEVERABILITY
No waiver by the Foundation of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Foundation to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
12. APP-SPECIFIC TERMS
If you obtained the Living Compass or Wellness Compass App through an application store, such as Apple, Inc.’s App Store or Google Play (each an “App Store”), you may have additional license rights related to your access and use of the App. These Terms are between you and us, and not with the operator of an App Store. No App Store provider is responsible for the maintenance of or other support services for the App. You agree to comply with any applicable App Store terms and conditions. If any App Store terms and conditions are less restrictive than these Terms or otherwise conflict with these Terms, these Terms shall govern your use of the App.
Specific to the Apple App Store, the following terms apply: (a) these Terms are between you and us only and not with Apple, Inc. (“Apple”), and Apple is not responsible for the App or its content; (b) your license to use the App is limited to use on any Apple electronic device such as the iPhone, iPod, iPad, or compatible device that you own or control, to the extent permitted by the usage rules set forth in the Apple App Store’s terms of service; (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (d) Apple will have no warranty obligation whatsoever with respect to the App, other than refund of the purchase price, if any, for such App, and no other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such warranty will be Apple’s responsibility; (e) Living Compass or Wellness Compass, not Apple, is responsible for addressing any claims by you or any third party relating to the App and/or your use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (f) in the event of any third‑party claim that the App or your possession and use of the App infringes that third‑party’s intellectual property rights, Living Compass or Wellness Compass, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple, and Apple’s subsidiaries, are third‑party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you, as a third‑party beneficiary.
13. ENTIRE AGREEMENT
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between the Foundation and you regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
14. CONTACT US
If you have any questions or concerns about the Terms of Use, please contact us at:
2858 University Avenue, #328
Madison, WI 53705
Phone (414) 964-4357