Welcome Movement
Terms & Conditions
Welcome to Welcome Movement, which is owned and operated by XXXX. By using the Welcome Movement website, you are agreeing to comply with and be bound by these Terms of Use, which together with our Privacy Policy govern XXXX’s relationship with you in connection with Welcome Movement. Should you not agree with any of these Terms of Use, please do not use Welcome Movement.
The terms ‘us’, ‘our’ or ‘we’ refer to XXXX, the owner of the Welcome Movement website, apps and service, whose registered office is located at 20 Lake Blvd. Redding, CA 96003. The term ‘you’ or ‘your’ refers to the user. The term ‘content’ includes, without limitation, any text, graphics, images, video, audio, logos, information, software or other material.
Welcome Movement generally
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Welcome Movement and the content available via Welcome Movement is for your general information and use only. Welcome Movement is subject to change without prior notice.
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Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of Welcome Movement or the information and materials found or offered on Welcome Movement for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
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The availability of Welcome Movement may be affected or interrupted due to maintenance, upgrades, repairs, telecommunications failures and other factors and we will have no liability for any lack of availability.
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Welcome Movement may include references or links to other websites or apps which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites or apps. We have no control over the nature, content and availability of those websites and apps.
Ownership and license of content
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Welcome Movement contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the Welcome Movement website and the app. Any reproduction of this material is prohibited other than in accordance with the Welcome Movement copyright notice, which forms part of these Terms of Use.
Conditions of access to Welcome Movement
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Unauthorized or improper use of Welcome Movement may be a criminal offence and/or give rise to a claim for damages.
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You must:
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comply with all applicable laws, including, without limitation, privacy laws, criminal laws, defamation laws, intellectual property laws and regulatory requirements;
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review and comply with our Privacy Policy;
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review and comply with any notices sent by us;
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You must not submit any content to Welcome Movement which:
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is false, violent, threatening, illegal, inaccurate, pornographic, contains nudity or is sexually suggestive or otherwise objectionable;
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includes information that you do not have the right to disclose;
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infringes any other agreement to which you are a party, any rights of Welcome Movement or any third party or any other law;
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contains or redirects to software viruses, worms, spyware, malware, Trojan horse or computer codes that interrupt, interfere or are destructive to the functionality or display of Welcome Movement or browsers or devices on which Welcome Movement is being used; or
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contains private or confidential information, including but without limitation, your or any other person’s credit card information, personal identification information, non-public phone numbers or non-public email addresses.
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You must not:
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change, modify, adapt or alter Welcome Movement or create, change, modify or alter another website so as to falsely imply that it is associated with Welcome Movement or its services;
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attempt to gain unauthorised access to Welcome Movement, its services, its related systems or networks or assist others to do so;
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do anything that could overburden or otherwise adversely impact Welcome Movement or its proper operation; or
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authorize, encourage or facilitate violations of these Terms of Use.
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Welcome Movement’s rights and obligations
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Welcome Movement may, in its sole discretion:
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modify, amend, suspend or discontinue Welcome Movement;
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refuse access to Welcome Movement;
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Welcome Movement does not give any express or implied warranty as to the suitability or availability of our products or services, except those implied under relevant U.S. law.
Warranties and acknowledgements
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You acknowledge and agree that:
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Welcome Movement is not responsible for misuse or misappropriation of any content you submit to Welcome Movement;
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Welcome Movement is not responsible for the content that may be submitted to Welcome Movement by you or anyone else and is not responsible for any loss or damage whatsoever and howsoever arising that may be caused to you or anyone else by the submitting of such content;
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we do not guarantee continuous, uninterrupted or secure access to Welcome Movement services;
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we are released from any liability howsoever arising in relation to a dispute between you and any other user of Welcome Movement products or services or any content appearing on or made available via Welcome Movement; and
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if you are dissatisfied with the products or services provide by Welcome Movement you terminate your own access to the website and request for any of your data to be deleted and such termination will be your sole and exclusive remedy.
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Release
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If you engage with and have a dispute with one or more individuals who have appeared on Welcome Movement, you release us, our related bodies corporate, employees, agents and directors from any loss, damage, claim or demands of any kind arising out of or in any way connected with such dispute.
Indemnity
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You indemnify and hold us harmless against any loss, damage, claim, action, penalty, liability, cost, charge, expense, outgoing or payment (including, without limitation, legal costs and expenses on a full indemnity basis) which we suffer, incur or are liable for at any time under or in connection with:
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the breach of these Terms of Use or any applicable law by you;
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any content you submit to Welcome Movement; and
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your use of Welcome Movement and any activity which you undertake by using Welcome Movement.
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Liability
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Your use of any information or materials on or available through Welcome Movement is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through Welcome Movement meet your specific requirements.
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To the maximum extent permitted by law:
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notwithstanding any other clause of this Agreement, in no circumstances will we be liable in contract, tort (including negligence or breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business, or anticipated savings, corruption, reputation, goodwill, loss or destruction of data or for any indirect, special or consequential loss whatsoever;
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any and all liability we have to you for any reason (including negligence or breach of statutory duty) will not in any event exceed USD100 in the aggregate; and
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we exclude all conditions, warranties or guarantees express or implied under general law or custom including of merchantability and fitness for a particular purpose,
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provided that nothing in this Agreement excludes or limits any implied condition, warranty or guarantee the exclusion or limitation of which would contravene any statute or cause any part of this Agreement to be void or unenforceable, including under U.S. law.
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To the extent permitted by Law, you agree that our total liability to you or a person claiming through you for breach of a Non-excludable Condition is limited at our option to terminate your use of Welcome Movement services.
General
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Your use of Welcome Movement and any dispute arising out of your use of it is subject to the laws of California and you submit to the exclusive jurisdiction of the courts of California and courts authorized to hear appeals from such courts.
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Welcome Movement has no responsibility or liability to you in respect of any third party product or service described on or available through Welcome Movement unless otherwise agreed. You must refer to the individual warranty or other terms relevant to any particular product or service.
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No delay by us in enforcing any of the terms or conditions of this Agreement will affect or restrict our rights and powers arising under this Agreement. No waiver of any term or condition of this Agreement will be effective unless made in writing.
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If any provision of this Agreement is held to be invalid, in whole or in part, such provision (or relevant part, as the case may be) will be deemed not to form part of this Agreement. In any event, the enforceability of the remainder of this Agreement will not be affected.
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These Terms of Use may be amended from time to time. Your continued use of Welcome Movement following any such amendments will be deemed to be confirmation that you accept those amendments.