- Contact. Questions concerning the use of the Site should be directed to [email protected] 860 Washington Street, 4th Floor, New York, NY 10014.
- Intellectual Property Rights.
(a) All text, images, sounds, videos, graphics, design, courses, programming, code, software, and other content appearing in or on this Site (“Content”) is the sole property of Delos or their respective owners and is protected by copyright law, trademark law and international treaties. Delos authorizes you to view and download a single copy of the Content on the Site solely for your personal, noncommercial use. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate Web pages on the Site, as well as any graphics.
- infringes any patent, trademark, trade secret, copyright, right of publicity or other rights of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious or obscene;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- involves commercial activities (whether or not for profit) and/or sales without Delos’ prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, worms, or other malware or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Delos or any third party;
- impersonates any person or entity, including any employee or representative of Delos;
- includes anyone’s identification documents or sensitive financial information;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- interferes with the proper operation of the Site including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Site, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Site or the use of the website by others;
- alters or modifies the Content or removes from any copyright notices or other legends;
- “crawls” or “spiders” any page or portion of the Site (through use manual or automated means); harvests or scrapes any Content from the Site; or
- interferes with service to any users of the Site, host or network, including, without limitation, via means of submitting malware to the Site.
- Monitoring of Information. Delos does not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Site. You are responsible for verifying the accuracy of information posted through your independent investigation. While under no obligation to do so, Delos may in its discretion review information submitted to the Site for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information submitted to the Site for any reason whatsoever. Delos reserves the right to suspend your use of this Site for any reason at any time, in its sole discretion.
- Passwords and Log-in information. To help protect the security of the Sites and your information, you should follow security best practices such as protecting your user name and password. You are responsible for maintaining the confidentiality of your information and password, and you are responsible for all uses of your account and registration, whether or not authorized by you. Do not share your password or user name with any other person. In the event you become aware of misuse or unauthorized use of your user name or password, it is your obligation to notify Delos. Delos shall have no responsibility for lost or misused usernames or passwords or for unauthorized access to them.
- Purchasing Products and Services. If you purchase any products or services via any of our Sites, the following additional terms apply:
(d) Payment. By providing a credit card or other payment method accepted by Delos, you represent and warrant that you are authorized to use the designated payment method, and you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges detailed at checkout). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your order.
(e) Site Transactions. We reserve the right to refuse any order you place with us via any Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per Company or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
(f) Accuracy of Billing and Account Information. You agree to provide current, complete and accurate purchase and account information for all purchases made via a Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- Disclaimer of Warranties, Indemnification and Limitations of Liability. Your agreement to the following disclaimers and limitations are a material inducement to Delos to permit you to access the Site. Your use of the Site, and the obligations and liabilities of Delos in respect of your use of the Site, is expressly limited as follows:
(a) Conduct of Users. Delos assumes no responsibility for the activities or conduct of Site users.
(c) Accuracy of Information. Delos makes no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information submitted by Site users, or of any other form of communication engaged in or information exchanged by Site users. Information on the Site may contain inaccuracies or typographical errors. You acknowledge that any reliance on information submitted by users or on any other form of communication with users will be at your own risk.
(d) DISCLAIMER OF WARRANTIES. THE SITE AND ALL CONTENT MADE AVAILABLE ON OR PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. DELOS DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, LOSS OF DATA, FITNESS FOR PARTICULAR PURPOSE, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.DELOS(FOR PURPOSES OF THIS PARAGRAPH, EITHER ITSELF AND/OR THROUGH ONE OR MORE OF ITS AFFILIATES) INVESTS IN, OWNS, AND/OR INTERNALLY DEVELOPS CERTAIN PRODUCTS AND SERVICES MENTIONED AND/OR SOLD ON THIS SITE. DELOS AND ITS AFFILIATES ALSO MAINTAIN DISTRIBUTION AND OTHER CONTRACTUAL ARRANGEMENTS WITH THIRD-PARTY PROVIDERS OF SUCH PRODUCTS AND SERVICES. THEREFORE, DELOSMAY BENEFIT COMMERCIALLY FROM THE SALE OR PROVISION OF THESE PRODUCTS AND SERVICES.IN ADDITION, WHILE THE SITE AND ALL CONTENT MADE AVAILABLE ON OR PROVIDED THROUGH THE SITE ARE INTENDED TO EDUCATE AND ASSIST WEBSITE VISITORS AND INDIVIDUAL CONSUMERS ALIKE IN THEIR EFFORTS TO CREATE WELLNESS LIVING SPACES, AN INDIVIDUAL’S HEALTH AND WELL-BEING ARE DETERMINED BY A NUMBER OF FACTORS PARTICULAR TO THAT INDIVIDUAL, OTHER THAN THAT INDIVIDUAL’S CURRENT ENVIRONMENT. THESE FACTORS INCLUDE BUT ARE NOT LIMITED TO, PERSONAL CURRENT AND PAST CONDUCT, GENETICS, FAMILY HISTORY, AND PSYCHOLOGICAL FACTORS. DELOS IS NOT A LICENSED HEALTHCARE PROVIDER, AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY OF ITS SERVICES OR RECOMMENDATIONS, OR ANY PRODUCTS SOLD OR RECOMMENDED, WILL CURE ANY ILLNESSES OR DISEASES, IMPROVE THE OVERALL HEALTH OR WELL-BEING OF ANY SPECIFIC INDIVIDUAL(S), OR CAUSE A SPACE TO BE FREE FROM BACTERIA, VIRUSES, ALLERGENS, VOLATILE ORGANIC COMPOUNDS, OR OTHER PATHOGENS. NEITHER DELOS’S SERVICES NOR THE INFORMATION DISPLAYED ON THE SITES CONSTITUTE THE PRACTICE OF MEDICINE OR THE PROVISION OF ANY PROFESSIONAL HEALTHCARE SERVICES, DIAGNOSIS OR TREATMENT, AND NOTHING DISPLAYED ON THE SITES SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
FURTHERMORE, SOME OF THE PRODUCTS AND MATERIALS MENTIONED AND/OR SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO AROMATHERAPY DIFFUSERS, MAKE USE OF SUBSTANCES WHICH ON RARE OCCASIONS MAY CAUSE AN ALLERGIC OR OTHER ADVERSE REACTION IN SOME PEOPLE. DELOS MAKES NO WARRANTIES THAT THE PRODUCTS AND MATERIALS RECOMMENDED BY IT WILL NOT AFFECT PEOPLE WITH SUCH ALLERGIES OR PROPENSITIES FOR OTHER ADVERSE REACTIONS, AND DELOS ASSUMES NO LIABILITY FOR ALLERGIC OR OTHER ADVERSE REACTIONS TO PRODUCTS OR MATERIALS MENTIONED AND/OR SOLD ON THESE SITES.
AS PART OF THE STAY WELL™ MEETINGS PROGRAM, PARTICIPANTS MAY BE INVITED TO ENGAGE IN LIGHT STRETCHING OR OTHER LIGHT PHYSICAL ACTIVITY AS PART OF A WELLNESS MOMENT. DELOS IS NOT ENGAGED IN RENDERED MEDICAL SERVICES AND ANY CONTENT PROVIDED IS NOT A DIAGNOSIS, TREATMENT PLAN OR RECOMMENDATION FOR A PARTICULAR COURSE OF ACTION REGARDING YOUR HEALTH. NOT ALL EXERCISES ARE SUITABLE FOR EVERYONE. IF AT ANY POINT YOU BEGIN TO FEEL FAINT, DIZZY OR HAVE PHYSICAL DISCOMFORT, YOU SHOULD STOP IMMEDIATELY. YOU ARE RESPONSIBLE FOR EXERCISING WITHIN YOUR LIMITS AND SEEKING MEDICAL ADVICE AND ATTENTION AS APPROPRIATE. DELOS, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES AND AGENTS ARE NOT RESPONSIBLE FOR ANY INJURIES THAT RESULT FROM PARTICIPATING IN THESE PROGRAMS AND WILL BE HELD HARMLESS FROM ANY AND ALL LOSSES, LIABILITIES, INJURIES OR DAMAGES RESULTING FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, SUITS, PROCEEDINGS OR DEMANDS ARISING FROM OR RELATED TO PARTICIPATING IN THE STAY WELL MEETINGS PROGRAM AND WELLNESS MOMENTS.
(e) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL DELOS OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR TO ANY OTHER PERSON DUE TO YOUR USE OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND(INCLUDING LOST PROFITS, LOSS OF GOODWILL, PERSONAL OR PROPERTY DAMAGE), WHETHER OR NOT DELOS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Last Updated: April 18, 2019