Terms of Use

Last revised September 29, 2023

ACCEPTANCE OF OUR TERMS

These Terms of Use (“Terms of Use”) form a legally binding agreement between Lantana Collective, LLC / Wellpartum (“Wellpartum,” “the Company,” “we” ,“us” and “our”) and you, the individual (“you” and “your”) concerning your access to and use of our website (www.wellpartum.com, “the Website”), the Wellpartum mobile application (“the Wellpartum app” or “the App”), including any content, functionality, and services offered on or through the Website or the App. By accessing the Wellpartum website or Wellpartum app, you agree that you are 18 years of age or older, and have read, understood, and accepted these legal terms and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy on your own behalf and on behalf of your minor child/ren, you must not access or use the Website or the App.

We reserve the right to change or update these Terms of Use at any time, at our discretion. You waive the right to receive individual notification of any and all changes or updates. You accept responsibility for checking this page for any changes or updates.

aCCESS TO THE WEBSITE

You may access and use the Website and the App solely for your own personal, non-commercial use.

We reserve the right to make changes or updates to the Website or the App at any time or for any purpose without notice to you.

We reserve the right to restrict access to all or part of the Website or the App at any time without notice to you. We will not be liable if all or part of the Website is unavailable at any time or for any period, for any reason.

INTELLECTUAL PROPERTY

You agree not to sell, reproduce, distribute, modify, display, republish, download, transmit, transfer, assign, host, attempt to replicate or create derivate works of, any part of the content found on the Website and the App.

The Website, the App and the content contained therein, including but not limited to video, audio, photos, images, text, information, brand name and logos are owned by the Company and its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. Excluding any User Content that you may provide, you acknowledge that intellectual property rights, including copyrights, patents, trademarks, and trade secrets found on the Website or in the App and content therein are owned by the company or the company’s suppliers. These Terms and your access to the Website or the App do not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. The Company and its suppliers reserve all rights not granted in these Terms.

“Wellpartum,” its design marks, designs, logos, and slogans are the intellectual property and trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

USE POLICY

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website, the App and any user content contained therein:

• To send, receive, compile or use content (including user content from the Website or the App) in a way that does not comply with these Terms of Use without written permission from the Company.

• To harass, harm, exploit, trick, defraud, mislead or abuse another person or people, or to violate their privacy

• To attempt to impersonate a representative of the Company, another person or another user.

• To create a new account for yourself or someone else if your access and use to the Website or the App has been terminated.

• To send or post any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or similar.

• To violate any applicable laws or regulations.

• To use automated or manual processes to collect, retrieve, compile, mine, gather, copy or extract any of the content or data on the Website or the App without express written consent of the Company

• To upload, transmit or attempt to upload or transmit viruses, Trojan horses, worms or any other material that interferes with any party’s uninterrupted use and enjoyment of the Website or the App, or is intended to damage or alter data or systems.

• To attempt to interfere with the speed, function or security of the Website or the App in any way.

• To disparage, tarnish, harm, threaten or harass the Company or its employees or agents in any way

• To use content from the Website or the App to generate revenue, sell content or services or otherwise compete with us in any way

MANAGEMENT AND TERMINATION

The Company reserves the right but not the obligation:

• To monitor the Website and the App for any behaviors that we believe are not in compliance with the Terms of Use

• To take legal action, including without limitation, referral to law enforcement, for any use of the Website or the App that violates the law or these Terms of Use

• To suspend or terminate your access to the Website and the App at any time for any reason, at our sole discretion, which may or may not include without limitation, one or more of these Terms of Use.

These Terms of Use shall remain in effect while you use the Website and the App.

WITHOUT LIMITING ANY OTHER PART OF THESE TERMS WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, RESTRICT OR DENY ACCESS TO THE WEBSITE OR THE APP, FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION THE VIOLATION OF ANY OF THESE TERMS OR ANY APPLICABLE LAW.

You agree to waive and hold harmless the Company, its affiliates, licensees, officers, employees and agents, including costs and fees, from any claim or demand made regarding your use of the Website or the App, the violation of these Terms of Use or the violation of applicable laws or regulations.

The content available via the Website and the App is for informational purposes only and is not medical or customized professional advice. We make no warranty as to its accuracy, completeness or appropriateness for your needs. We expressly disclaim any and all liability related to your interpretation or use of the content on the Website or the App.

Any content provided by third parties, such as advertisements, links to external websites, services, syndicators or aggregators, is not the responsibility of the Company. The Company does not verify, monitor or endorse the content provided by third parties, and is not responsible for any liability related to your interpretation or use of third-party content on the Website or the App.

Disclaimers

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS DIRECTORS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST PROFIT, LOST REVENUE, LOST DATA, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF USE, LOSS OF GOODWILL, OR OTHER DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE AND THE APP, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.

ACCESS TO, AND USE OF, THE SITE AND THE APP, IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its directors, affiliates, service providers and their respective directors, employees, agents and assigns, from and against any loss, damage, liability, claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of (1) your use of the Website or the App, or any information contained therein; (2) your violation of these Terms of Use; (3) your violation of applicable laws or regulation; or (4) your violation of the rights of a third party. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding subject to this indemnification upon becoming aware of it.

GOVERNING LAW

These Terms of Use shall be governed by and defined in accordance with the laws of the State of Colorado. You consent that the courts of Colorado shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these Terms of Use.

TIME LIMITS

ANY CLAIM YOU MAY HAVE ARISING FROM OR RELATED TO THESE TERMS OF USE, THE WEBSITE OR THE APP MUST BE INITIATED WITHIN ONE YEAR FROM THE CAUSE OF ACTION.

SEVERABILITY AND RIGHT TO WAIVE

Should the Company waive any term set forth in these Terms of Use, or should any part of the Terms of Use be found to be unenforceable, the part or parts shall be severed and the remainder of the Terms of Use will continue in full force and effect. Any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any or all rights set forth in these Terms of Use may be waived by the party against whom the claim is brought. Such waiver shall not waive or affect any other part of these Terms of Use.

Electronic Communications

Using the Website and the App, purchasing subscriptions, sending and receiving emails and completing online forms constitute electronic communications. For contractual purposes, you consent to receive electronic communications from the Company, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides electronically satisfy any legal requirement that such communications be in writing.

Entire Terms

These Terms of Use, our Terms & Conditions and our Privacy Policy constitute the entire agreement between you and us regarding the use of the Website and the App. These Terms of Use and your rights and obligations herein may not be assigned, delegated, or otherwise transferred by you without the Company’s prior consent. The Terms of Use supersede all prior agreements, representations, and warranties regarding the Website and the App.

Trademark information

All trademarks, logos and design or brand marks (“Marks”) displayed on the Website and the App are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.

CONTACT US

Any feedback, comments, and other communications relating to the Website or the App should be directed to hello@wellpartum.com.