WRS Group Ltd. TERMS AND CONDITIONS OF USE
These online Terms and Conditions of Use were last
updated on May 25, 2017.
1. Acceptance of Terms and Conditions of Use and Other
Terms
These Terms and
Conditions of Use apply to WRS Group Ltd. Family of companies’ websites,
including www.healthedco.com, www.healthedco.co.uk, www.childbirthgraphics.com and www.wrsgroup.com and to other websites we designate from
time to time (each a "Website," and collectively, "the
Websites"). Our Privacy Policy has other terms, legal notices and
conditions applicable to various activities on the Websites, including terms
and conditions that may apply to the purchase of goods or services and to
specific portions or features of a Website (e.g., contests, promotions or other
similar features), all of the foregoing of which are incorporated herein by
reference, and shall, together with the Terms and Conditions of Use be a
contractual agreement ("the Terms of Use") between WRS Group Ltd. and
you.
You must accept the Terms of Use before using any of the
Websites. You can accept the Terms of Use (1) by clicking to "accept"
or "agree" to the Terms of Use, where this option is presented or
made available to you on any of the Websites, and (2) by actually using any of
the Websites.
BY USING ANY OF THE WEBSITES, YOU AGREE TO THE TERMS OF
USE. IF YOU DO NOT AGREE TO THE TERMS OF
USE, DO NOT USE ANY OF THE WEBSITES.
EXCEPT AS OTHERWISE PROVIDED, THE TERMS OF USE ARE SUBJECT TO CHANGE AT
ANY TIME WITHOUT NOTICE. YOUR CONTINUED
USE OF THE WEBSITES AFTER ANY CHANGE(S) HAVE BEEN IMPLEMENTED CONSTITUTES
ACCEPTANCE BY YOU OF SUCH CHANGE(S).
2. Privacy Policy
Privacy Policy’s
found on each website apply to the use of all of the Websites. To view Health Edco's Privacy Policy, click here; to view Health Edco
UK’s Privacy Policy, click
here;
to view Childbirth Graphic’s Privacy Policy, click here. Additionally, by using any of the Websites,
you acknowledge, agree and understand that any message or information you send
to any of the Websites may be read or intercepted by others, even if there is a
notice that a particular transmission (for example, credit card information) is
encrypted. Nonetheless, we employ Secure
Socket Layer (SSL) encryption technology and other reasonable measures to help
protect your information from unauthorized use or disclosure.
3. Ownership of Websites, Content and Trademarks
The Websites are owned by WRS Group Ltd. and unless
otherwise agreed in writing, all materials on the Websites, including text,
graphics, information, content, images, illustrations, designs, icons,
photographs, video clips, sounds, music, artwork, computer code and other
materials, and the copyrights, trademarks, trade dress and/or other
intellectual property rights in such materials (collectively, the
"Content"), are owned and/or licensed by WRS Group Ltd..
You may use the Websites and download or copy the Content
and other downloadable materials displayed on the Websites for personal use
only. You receive no right, title or interest in any downloaded or copied
Content as a result of any such downloading or copying. You may not reproduce
(except as noted above), publish, distribute, display, modify, create
derivative works from, sell or otherwise use any of the Content or the Websites
for any public or commercial purpose.
Certain trademarks, trade names and logos used or
displayed on the Websites are registered and unregistered trademarks, trade names
and intellectual property of WRS Group Ltd. and its affiliates. Other
trademarks, trade names and logos used or displayed on the Websites are the
registered and unregistered trademarks, trade names and intellectual property
of third parties. Nothing contained on any of the Websites grants any license
or right to you to use any such trademarks, trade names, logos or intellectual
property displayed on such Website.
4. Your Use of the Websites
You may use the Websites only as permitted by the Terms
of Use, only in a manner consistent with all applicable federal and state laws,
rules and regulations and only for the purposes of viewing or downloading
information about WRS Group Ltd. and its family of companies, its affiliates
and brands or to use any other features and services purposely provided by us
on those Websites.
You agree not to use any "deep-link",
"robot", or other automatic or manual device, software, program,
code, algorithm or methodology, to access, copy or monitor any portion of any
of the Websites or Content, or in any way reproduce or circumvent the
navigational structure or presentation of any of the Websites or Content, or
attempt to obtain any materials or information through any means not purposely
made available through the Websites. We reserve the right to prevent any such
activity.
You agree not to gain or attempt to gain unauthorized
access to any portion or feature of any of the Websites, or any other system or
network connected to the Websites or to any of our business partners' servers,
systems or networks, by hacking, "password-mining" or using any other
illegitimate method of accessing data.
You agree not to probe, scan or test the vulnerability of
any of the Websites or any network connected to the Websites, nor breach the
security or authentication measures on any of the Websites or any network
connected to any of the Websites. You agree not to not reverse look-up, trace
or seek to trace any information on any other visitor to any of the Websites,
or any other customer of WRS Group Ltd. or its family of companies including
any shopping account that is not held by you, in any way for the purpose of
discovering materials or information, including but not limited to Personally
Identifiable Information (PII) or other information that reasonably could be
used to connect non-PII to PII.
You agree not to take any action that would cause an
unreasonably or disproportionately large load on the infrastructure of the
Websites or our systems or networks, or any systems or networks connected to
the Websites or to us in an attempt to overwhelm our systems to create a
"Denial of Service" or similar attack. You agree not to use any
device, technology or method to interfere or attempt to interfere with the
proper functioning or feature of any of the Websites or any transaction
occurring on a Website, or with any other person's use of any Website.
You agree not to forge headers or otherwise manipulate
identifiers in order to disguise the origin of any message or transmittal you
send to us on or through any Website. You agree not to impersonate or pretend
that you are any other person or falsely claim you represent another person.
5. User Communications and User Content
While we appreciate your suggestions and comments on how
to improve our website, products and services, it is WRS Group Ltd. policy to not accept any creative ideas,
suggestions, proposals, plans or materials other than those specifically
requested by us (e.g., through a contest, promotional event, or specific link
within a site). Our intent is to avoid any misunderstanding in the event that a
creative endeavor we commence bears some resemblance to a creative suggestion
made by a customer or visitor to the Websites. We have many projects under
development at any given time and it is possible that unsolicited ideas or
proposals could be submitted to us which are already under consideration or may
already be in the planning stages. Our employees are not authorized to accept
or consider unsolicited ideas, suggestions or proposals including ideas for new
advertising campaigns, new promotions, new or improved products or
technologies, product enhancements, processes, materials, marketing plans or
new product names. In the event WRS Group Ltd. does receive unsolicited ideas,
proposals, or suggestions, regardless of statements which may be made in the
submission received, the following terms shall apply.
Except for Personally Identifiable Information (PII)
collected on or from the Websites, which is subject to the WRS Group Ltd.
Family of companies’ Privacy Policies (see Section 2 above), any material,
information, suggestions, ideas, concepts, know-how, techniques, questions,
comments or other communication you transmit or post to any Website (a
"User Communication") is and will be considered non-confidential and
non-proprietary and you agree that we may use any User Communication for any
purpose in our sole discretion in any manner whatsoever for any or all
commercial or non-commercial purposes. You agree that WRS Group Ltd. or any of
its subsidiaries or family of companies shall be under no obligation (1) to pay
compensation for any User Communication; or (2) to monitor, use, return, review
or respond to any User Communication. You agree that WRS Group Ltd. Family of
companies will have no liability related to the content of any User
Communication, whether or not arising under the laws of copyright, libel,
privacy, obscenity, or otherwise.
You represent and warrant that any content you submit in
any User Communication is original to you, that you own all applicable legal
rights in such content, and that the content does not and will not infringe
upon the rights of any other person or entity. You represent and warrant that
any individuals depicted in audio or visual files submitted as part of a User Communication,
other than yourself, are of the age of majority in their respective states of
residence, subject to the next paragraph; and you grant to WRS Group Ltd., on
behalf of yourself and such individuals, the right to copy, edit, change,
publish and distribute the likenesses of those individuals and that you have
the authority to attest to this release on the behalf of such individuals. If
any of the individuals depicted in any User Communication are minors in their
respective states of residence, you represent and warrant that you are the
parent or legal custodian of each such individual and you grant the use of the
media containing his/her depiction in accordance with the Terms of Use.
In addition to the User-Generated Content Rules set forth
in Section 6 below, you may not post or transmit on any of the Websites any
unlawful, threatening, defamatory, libelous, obscene, pornographic or profane
material or any material that could constitute or encourage conduct that would
be considered a criminal offense or give rise to civil liability, or otherwise
post or transmit on any of the Websites any material that violates any law.
6. User-Generated Content Rules
If you become aware
of any violation of the User Generated Content Rules or other unacceptable behavior
by any user, you should report such activity to WRS Group Ltd. by emailing orders@healthedco.com, or orders@childbirthgraphics.com. You are solely responsible for each User
Communication that you post on any Website or transmit to other users and agree
that you will not hold WRS Group Ltd. , its subsidiaries, or any of its family
of companies responsible or liable for any User Communication from another user
that you access on any Website. We retain the right to remove any User
Communication for any reason, including any material we deem inappropriate or
unacceptable, including without limitation any of the categories of prohibited
User Communications set forth below and in Section 7.
The categories of prohibited User Communications set
forth below are not intended to be an exclusive list of what constitutes
prohibited User Communications. Without limitation, you agree that you will not
post or transmit to other users anything that:
•
is
defamatory, abusive, obscene, profane or offensive;
•
infringes
or promotes the infringement of another party's intellectual property rights
(such as music, videos, photos or other materials), including any party's right
of publicity or right of privacy;
•
violates
any law, statute, ordinance or regulation (including consumer protection,
unfair competition, anti-discrimination or false advertising laws and
regulations);
•
is
threatening, harassing or that promotes racism, bigotry or hatred of any kind
against any group or individual;
•
encourages
violence against a person or destruction of property;
•
is
inaccurate, false or misleading in any way;
•
promotes
any illegal activities or provides information to circumvent security measures;
•
contains
any advertising, promotional materials, "junk mail,"
"spam," "chain letters," or any other form of solicitation;
or
•
contains
software viruses or any other computer code, files or programs designed to
interrupt, interfere with or limit the functionality of any computer software
or hardware or telecommunications equipment.
You understand that when using any of the Websites you
may be exposed to User Communications from a variety of sources and you agree
that WRS Group Ltd., its subsidiaries, or any of its family of companies is not
responsible for the accuracy, safety or intellectual property rights of or
relating to such User Communications.
7. Copyright and Trademark Rules WRS Group Ltd. require
all users of the Websites to comply with copyright and related laws, including
the Digital Millennium Copyright Act (DMCA). You may not store on or
disseminate over any Website any material or content in any manner that
constitutes an infringement of third party intellectual property rights,
including but not limited to, rights granted by copyright law. You may not
post, or reproduce in any way any copyrighted material, trademarks, or other
proprietary information belonging to third parties without their prior written
consent. Access to the Websites of any user who infringes the copyright rights
of others is subject to termination upon receipt of proper notification to us
by the copyright owner or the copyright owner's legal agent.
If you believe that your work has been copied and posted
on any of the Websites in a way that constitutes copyright infringement, please
provide us with the following information at the email address or mailing
address indicated below:
•
an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
•
a
description of the copyrighted work or other intellectual property that you
claim has been infringed;
•
identification
of the material that is claimed to be infringing and a description of where the
material that you claim is infringing is located on the Website;
•
your
address, telephone number, and, if possible, email address;
•
a
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright or intellectual property owner, its agent, or the
law; and
•
a
statement by you, made under penalty of perjury, that the information contained
in your report is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property
owner's behalf.
The foregoing information ("DMCA Notice")
should be sent to us via certified mail as follows:
WRS Group Ltd.
Attn: Director of Marketing
P.O. Box 21207
Waco, TX. 76702-1207
If your work has been removed due to a DMCA Notice
pursuant to the foregoing procedure, and you believe that your content is not
infringing, then you may send a counter-notice ("DMCA
Counter-Notice") to us (contact information above) containing the
following information:
•
Your
physical or electronic signature;
•
Identification
of the content that has been removed or to which access has been disabled and
the location at which the content appeared before it was removed or disabled;
•
A
statement that you have a good faith belief that the content was removed or
disabled as a result of mistake or a misidentification of the content; and
•
Your
name, address, telephone number, and e-mail address, a statement that you
consent to the jurisdiction of the state and federal courts in Waco, TX, and a
statement that you will accept service of process from the person who provided
notification of the alleged infringement.
If a DMCA Counter-Notice is received by us, we may send a
copy of the DMCA Counter-Notice to the original complaining party informing
that person that we may replace the removed content or cease disabling it in
ten (10) to fourteen (14) business days. Unless the alleged copyright owner
files an action seeking a court order against the content provider, member or
user, the removed content may be replaced, or access to it restored, in ten
(10) to fourteen (14) business days or more after receipt of the DMCA
Counter-Notice, at our sole discretion.
8. Accounts, Passwords and Security
Certain features or services offered on or through the Websites
may require you to open an account (including setting up an Account ID and
password) and to share Personally Identifiable Information (PII). Apart from
the representations made in our Privacy Policy (see Section 2, above) regarding
our protection of your information, you are solely and entirely responsible for
maintaining the confidentiality of your account information, including your
Account ID and password, and for any and all activity that occurs on or under
your account.
You agree to notify WRS Group Ltd. immediately of any
actual or potential unauthorized use of your account or password, or any other
actual or potential breach of security. However, you may be held liable for
losses incurred by WRS Group Ltd. or any other user of or visitor to any of the
Websites due to someone else using your Account ID, password or account.
You may not use anyone else's Account ID, password or
account at any time without the express permission and consent of the holder of
that Account ID, password or account. WRS Group Ltd. cannot and will not be
liable for any loss or damage arising from your failure to comply with these
obligations.
9. Products and Sales
Product Descriptions
In describing and portraying our products on the
Websites, we attempt to be as accurate as possible. However, we do not warrant
that the product descriptions or other Content of any Website is accurate,
complete, reliable, current, or error-free. We reserve the right to correct any
typographical errors, inaccuracies, or omissions that may relate to product
descriptions, pricing and availability from time to time without prior notice.
Colors
We have made every effort to display as accurately as
possible the colors of our products that appear at the Websites. We cannot
guarantee that your computer monitor's display of any color will be accurate,
complete, reliable or error-free.
Shipping
When you place an order on our e-commerce Website at www.healthedco.com, www.childbirthgraphics.com, or www.healthedco.co.uk, we will ship your
order to the address designated by you as long as that shipping address is
within the allowable ship-to locations identified on the Website, and is compliant
with the shipping restrictions set out on the Website. We may require
verification of information prior to the acceptance and/or shipment of any
order. We reserve the right to limit the order quantity on any product or
service and/or to refuse service to any customer.
Risk of Loss
You agree that the risk of loss for all items purchased
on our e-commerce Websites pass to you upon delivery of the items to the
carrier. You are responsible for filing any claims with carriers for damaged
and/or lost shipments.
10. Links to the Websites; Third Party Links on the
Websites
You may not create or maintain any link from another
website to any page on any of the Websites without our prior written permission.
Running or displaying any of the Websites or any information or material
displayed on any Website in frames or through similar means on another website
without our prior written permission is prohibited. Any permitted links to any
of the Websites must comply will all applicable federal and state laws,
statutes, rules and regulations.
From time to time, one or more of our Websites may
contain links to other websites that are not owned, operated or controlled by WRS
Group Ltd. or our affiliates. All such links are provided solely as a
convenience to you. If you use these links, you will leave the Websites and we
cannot be responsible for any content, information or that are present on or
disclosure of PII that occurs on websites that are not owned, operated or
controlled by WRS Group Ltd. or our affiliates.
11. Change in Websites and Contents
We reserve the right, at any time in our sole discretion
to modify, suspend or discontinue any of the Websites or any service, content,
feature or product offered through any Website, with or without notice. You
agree that we shall not be liable to you or to any third party should any of
the foregoing occur with respect to any of the Websites.
12. Disclaimers; Limitations on Liability; Indemnity
YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE
INFORMATION, MATERIALS AND SERVICES PROVIDED ON THIS WEB SITE ARE PROVIDED
"AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT
APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY
SUCH PROHIBITIONS.
WRS Group Ltd. does not assume any responsibility for any
damages to, or any viruses that may infect, your computer, telecommunication
equipment, or other property caused by or arising from your access to, use of,
or browsing any of the Websites, or your downloading of any information or
materials from any of the Websites.
IN NO EVENT WILL WRS GROUP LTD. OR ANY OF ITS RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR
ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF
THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING
OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY
WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES
CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
If any part of these warranty disclaimers or limitations
of liability is found to be invalid or unenforceable for any reason or if we
are otherwise found to be liable to you in any manner, then our aggregate
liability for all claims under such circumstances for liabilities, shall not
exceed the lesser of (i) the amount paid by you for your use of the Website
during the prior twelve (12) months or (ii) ten dollars ($10).
You agree to defend, indemnify and hold harmless WRS
Group Ltd., its officers, directors, employees, affiliates and agents, from and
against any and all claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to attorneys' fees) arising from:
(i) any breach by you of any of the Terms of Use, (ii) your User
Communications, (iii) your use of materials or features available on the
Websites (except to the extent a claim is based upon infringement of a third
party right by materials created by WRS Group Ltd.) or (iv) a violation by you
of applicable law or any agreement or terms with a third party to which you are
subject.
13. Governing Law; Severability; Waiver; Dispute Resolution
It is your responsibility to ascertain and obey all
applicable local, state, federal and international laws, statutes, rules and
regulations (including minimum age requirements) related to the use of the
Websites. Any dispute arising out of, or relating to, the use of any of the
Websites will be governed by and construed in accordance with the laws of the
State of Texas without regard to any principles of conflicts of law.
If any part of the Terms of Use shall be held or declared
to be invalid or unenforceable for any reason by any court of competent
jurisdiction, such provision shall be ineffective but shall not affect any
other part of the Terms of Use.
Any failure by us to partially or fully exercise any
rights or the waiver of any breach of the Terms of Use by you, shall not
prevent a subsequent exercise of such right by us or be deemed a waiver by us
of any subsequent breach by you of the same or any other term of the Terms of
Use. Our rights and remedies under the Terms of Use shall be cumulative, and
the exercise of any such right or remedy shall not limit our right to exercise
any other right or remedy.
Any claim arising out of, or relating to, the Terms of
Use must be brought within one (1) year after the cause of action arises, or
such claim or cause of action is barred. No recovery may be sought or received
for damages other than out-of-pocket expenses, except that the prevailing party
will be entitled to costs and attorneys' fees. In the event of any controversy
or dispute between WRS Group Ltd. and you arising out of or in connection with
your use of the Websites, including products sold through the Websites, the
parties shall attempt, promptly and in good faith, to resolve any such dispute.
If we are unable to resolve any such dispute within a reasonable time (not to
exceed thirty (30) days), then such dispute shall be adjudicated only in any
state or federal court in McLennan County, Texas, and you consent to exclusive
jurisdiction and venue in such courts.
14. Minimum purchase of $50.00 for US orders and £40.00 for the UK.
15. Additional Assistance
If you have any questions or concerns about the Terms of
Use, please call us Toll-Free at
1-855-510-6720; or write to us at:
WRS Group Ltd.
Attn: Director of Marketing
P.O. BOX 21207
Waco, TX. 76702-1207
Please be assured that any Personally Identifiable Information
that you provide in communications to the above email, telephone number and
postal address will not be used to send you promotional materials.