FOR MORE INFORMATION OR IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE AND SERVICES, PLEASE CONTACT US AT INFO@FINDYOURWHEN.COM.
These Terms of Use and Services are entered into by and between you (“you” or “we”), whether as a member or other user, and WHEN Enterprises Corp., an Arizona corporation, Find Your When, Inc., an Arizona corporation, and their affiliates (collectively, “FYW”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or “Agreement”), govern your access to and use of WHEN, including any content, functionality, and services offered on or through findyourwhen.com (the “Site”).
Please read the Terms of Use carefully before you use the Site. By (i) accessing, browsing, subscribing to, and using the Site, and (ii) using any FYW products, services, or platforms, together with their associated content, or any customizations made to the products, services, or platforms, whether provided or offered by FYW on the Site, off the Site, or otherwise (collectively, the “Services”), you acknowledge and agree to be bound by this Agreement, to abide by these Terms of Use, and to comply with all applicable laws and regulations. If you do not agree to these terms, you must not access or use the Site or any of the Services.
FYW makes no representation that the materials on the Site or, the Services, are appropriate for you. The information is provided as is and it should not be considered a diagnosis, replacement, or other equivalent, for speaking with a health professional.
The Services displayed on the FYW site are available to adults who can form legally binding contracts under applicable law. An adult is defined as an individual over the age of 18 or the age of consent in the jurisdiction from which the FYW site is being accessed. FYW shall consider all other individuals (i.e. members under the age of 18 accessing our site) minors who must first obtain written permission from their parent or legal guardian prior to participating in FYW member-restricted services. (To be completed online during the registration process). By using this Site, you represent and warrant that you are of legal age to form a binding contract with FYW and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
The Site enables you to communicate with a FYW trained advisor (“Advisor”) for the purpose of obtaining professional and personal guidance, knowledge, advice, or any other input, benefit, or service (collectively, the “Advisor Services“). The Advisors are neither our employees nor agents nor representatives. FYW assumes no responsibility for any act, omission, or doing of any Advisor. FYW makes no representation or warranty whatsoever as to the willingness or ability of an Advisor to give advice. FYW makes no representation or warranty whatsoever as to whether you will find the Advisor Services relevant, useful, correct, satisfactory, or suitable to your needs. FYW does not control the quality of the Advisor Services, and FYW does not determine whether any Advisor is qualified to provide any specific service or whether an Advisor is categorized correctly or matched correctly to you.
FYW does not guarantee the verification of, the skills, degrees, qualifications, licensure, certification, credentials, competence or background of any Advisor. It is your responsibility to conduct independent verification regarding any Advisor that provides you with Advisor Services (whether through the Site or not) and FYW strongly recommend that you will conduct this verification prior to communicating with any Advisor through the Site and on a continuous basis as you use the Site.
Your relationship with the Advisor and use of the Advisor Services is strictly with the Advisor. FYW is not involved in any way with the actual substance of that relationship or any part of the Advisor’s performance of the Advisor Service (whether provided through the Site or not), and FYW does not validate or involve itself in any of the Advisor Services.
Any material or information you transmit to the Site or through the Services by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Company or its affiliates for any purpose whatsoever, including, but not limited to, developing and marketing its services. Notwithstanding the foregoing, all personal data provided to Company will be handled in accordance with Company’s Privacy Policy.
The content on our Site is designed to provide a general overview of our products and is presented for informational purposes. The Site may contain general information relating to various medical or other health conditions. Such information is provided for informational purposes and is not meant to substitute for advice provided by qualified medical or other professionals. YOU SHOULD ALWAYS CONSULT A QUALIFIED MEDICAL OR OTHER PROFESSIONAL REGARDING YOUR CONDITION OR SUSPECTED CONDITION. The Site is not intended to provide medical or other professional advice. Users of the Site should be aware that Services described herein have not been found to be safe or effective by any regulatory agency. THE STATEMENTS MADE ON THE SITE HAVE NOT BEEN EVALUATED BY THE FDA AND ARE NOT INTENDED TO DIAGNOSE, TREAT, OR CURE ANY DISEASE.
FYW reserves the right to withdraw or amend the Site, and any service or material FYW provides on the Site, in our sole discretion without notice. FYW will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, FYW may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information, such as uploading your resume and references. It is a condition of your use of the Site when applying to become an advisor or becoming a member, that all the information you provide on the application form is correct, current, complete, and true. FYW may terminate your access to our Site and to the Services if FYW learns that you have provided us with false or misleading data. You agree that all information you provide to register with this Site or otherwise, including but not limited to the use of any interactive features on the Site, is governed by our Privacy Policy Terms and Conditions, and you consent to all actions FYW take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. FYW cannot and will not be liable for any loss or damage arising from your failure to comply with the terms of this Agreement. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
FYW have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
If you have opted in to receive special offers from FYW via email, or otherwise, you can unsubscribe via the links provided in the email at any time or by contacting us at info@findyourwhen.com. By opting in to receive special offers from us, you consent to receiving, from time to time, text messages or emails which may include alerts, promotions, offers, polls, and giveaways.
You agree, confirm, and acknowledge that although the Advisor may provide the Advisor Services through the Site, FYW cannot assess whether any use of the Advisor, the Advisor Services, or the Site is right and suitable for your needs. As operators of the Site, our role is strictly limited to facilitating the communication between you and the Advisor and to enable the provision of the Advisor Services. It is up to you to consider and decide whether these services are appropriate for you or not.
You agree, confirm, and acknowledge that you are aware of the fact that the Advisor Services are not a complete substitute for a face-to-face examination and/or session by a qualified professional. You should never rely on or make health or well-being decisions which are primarily based on information provided as part of the Advisor Services. Never disregard, avoid, or delay in obtaining medical or other professional advice from your doctor or other qualified healthcare provider or other professional, by face-to-face appointment, because of information or advice you received through the Site.
THE SITE IS NOT INTENDED FOR DIAGNOSIS, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT THAT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLAFORM. You are advised to exercise a high level of care and caution in the use of the Site and the Advisor services.
The Site may contain other content, products or services which are offered or provided by third parties (“Third Party Content“), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. You confirm and acknowledge that we have no responsibility over any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and that we will not be liable for any damage or loss caused by any Third Party Content.
FYW, at any time now or in the future, may allow you and other end users to use the Site to express opinions and communicate through comments on products, or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). In the event of the existence of such Communities, Company shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Company, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, FYW shall also have the right, but not the obligation, to remove any material from the Communities that Company, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, or other messages or postings of any kind made by you or any other end user to the Communities are those of the respective author(s) or distributor(s) and not of FYW.
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SERVICES OR THE SITE, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF FYW, ANY ADVISOR, OR ANY OTHER PERSON WHO MAY BE ACCESSED THROUGH THE SITE.
YOU AGREE, CONFIRM, AND ACKNOWLEDGE THAT WE DO NOT REVIEW, RECOMMEND, ENDORSE, EVALUATE OR PROVIDE ANY GUARANTEE, REPRESENTATION OR WARRANTY, AND SPECIFICALLY DISCLAIM ALL REPRESENTATION AND WARRANTIES, WITH RESPECT TO (A) ANY ADVISOR; (B) ANY INFORMATION ABOUT ANY ADVISOR INCLUDING WITHOUT LIMITATION ANY QUALIFICATIONS, EXPERTISE, CLAIMS OR BACKGROUND OF ANY PROVIDER; (C) THE SERVICES (WHETHER THROUGH THE SITE OR NOT) INCLUDING WITHOUT LIMITATION ANY OPINION, RESPONSE, ADVICE, RECOMMENDATION, INFORMATION OR ANY OTHER CONTENT WRITTEN OR SAID BY FYW OR AN ADVISOR, OR ANY OTHER PERSON ACCESSED THROUGH THE SITE; (D) THE CONTENT AND THE SUBSTANCE OF THE SITE OR THOSE WHICH ARE PART OF THE SERVICES OR ADVISOR SERVICES; (E) ANY OTHER CONTENT OR INFORMATION POSTED ON THE SITE OR THROUGH THE SITE; (F) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, SECURITY, PRIVACT, QUALITY OR APPLICABILITY OF THE SITE AND THE SERVICES.
ANY CONSULTATION WITH AN ADVISOR VIA THE SITE CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL. YOU ARE ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY THE PROVIDERS. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE YOUR FULL AND SOLE RISK AND LIABILITY. WE DO NOT ASSUME AND WILL NOT BE LIABLE FOR: (A) THE ACCURACY OR AVAILABILITY OF THE SITE OR ANY PART OF THE SITE; OR (B) ANY DAMAGES, HARM OR INJURY ARISING FROM OR RELATED TO THE SITE, THE ADVISORS OR THE SERVICES.
THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY COMPANY ON AN “AS IS” BASIS ONLY. COMPANY PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. USE OF THE SERVICES IS SOLELY AT YOUR RISK. COMPANY MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SITE, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. COMPANY IS NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED ON THE SITE. COMPANY DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE AND USE.
In the event of a dispute regarding any transaction conducted via the Site, you hereby relieve us from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys’ fees, which you may have against one or more of the above.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FYW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FYW HAS BEEN ADVISED (OR IS OTHERWISE AWARE) OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. YOU ALSO AGREE THAT FYW WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THE SITE OR SERVICES, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND FYW’S REASONABLE CONTROL.
IN NO EVENT SHALL FYW BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law. This section (limitation of liability) shall survive the termination or expiration of this Agreement.
You agree to defend, indemnify, and hold harmless FYW, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
To the extent the Services or any portion thereof is made available for any fee or through a subscription, your access to the Services will be granted following payment of the applicable fees to FYW. Your account and access to the Services may be suspended in the event of non-payment of applicable fees.
You represent and warrant to FYW that such payment information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
Additionally, you agree not to:
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (“FYW Content”) is owned by FYW, its licensors, or other providers of such material (collectively, and individually, “FYW Content Providers”) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any FYW Content obtained from or through FYW.
The Site and Services contain proprietary and copyright-protected information. Any unauthorized use of any FYW Content contained on the Site or the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part.
FYW Content and Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of FYW. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FYW without express written consent. You must not modify copies of any materials from this site or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You may not use any meta tags or any other “hidden text” utilizing FYW’s name or trademarks without the express written consent of FYW. You may not misuse the Site. You may use the Site only as permitted by law. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site, unless expressly authorized by FYW.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by FYW Terms and Conditions of Use for such applications. If we provide social media features with certain content, you may take such actions as are enabled by such features.
FYW owns all related names, logos, product and service names, designs, and slogans are trademarks of FYW or its affiliates or licensors associated with the Services and used on the Site. You must not use such marks without the prior written permission of FYW. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by FYW. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
© 2019 When Enterprises Corp. All rights reserved. The WHEN® Logo, WHEN®, Find Your When®, FYW®, MYWHEN®, Power of WHEN®, WHEN IS NOW®, WHEN WAY OF LIFE®, WHENNESS PROGRAM®, WHENSDAY®, WHEN ADVISOR®, WHEN CAREER ADVISOR®, WHEN HEALTH ADVISOR®, WHENZEN®, CHIEF WHEN OFFICER®, LIFE CAN BE BETTER®, are registered trademarks of WHEN Enterprises Corp.
In its sole and absolute discretion, with or without notice to you, FYW may suspend or terminate your use of and access to the Services, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) any unauthorized access or use of the Services, (ii) any violation of this Agreement, or (iii) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services. FYW shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Site. Termination, suspension, or cancellation of the Services or your access rights to the Site shall not affect any right or relief to which FYW may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to FYW.
The Site depends on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that the Site will be uninterrupted or that it will be secure, consistent, timely or error-free.
Except as explicitly stated otherwise, any notices shall be given by postal mail to WHEN Enterprises Corp. Attn: Randy Miller, 10645 N. Tatum Boulevard #295 Phoenix, AZ 85028 (in the case of FYW) or to the email address you provide to FYW during the application process (in your case). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to FYW during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
This Agreement and performance hereunder shall be exclusively governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute, or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall exclusively take place in Phoenix, Arizona and the parties irrevocably waive any objection to such venue.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver of by FYW 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 FYW 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.
© 2018 When Enterprises Corp.
