Last Updated: 28 February 2025

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These Terms of Use (the “Terms”) are a legal contract between you and the Martha G. Welch Center

for Emotional Connection (“the WELCH CENTER”). These Terms govern your use of the Site,

Application, Content and all other Services (the foregoing capitalized terms defined below).

The WELCH CENTER may modify these Terms at any time in its discretion. If the WELCH CENTER

makes any material or substantive changes to these Terms, the WELCH CENTER will provide notice

to you by publishing the most current version and revising the date at the top of these Terms. If you

are an Application User (defined below), the WELCH CENTER will use reasonable efforts to provide

additional notice via email (to the email address on file) or via a notice that appears when you log in

to your account. By continuing to use the Application, Site or any Service after any change comes

into effect, you agree to the revised Terms. If you do not agree with any of the revised Terms or the

Privacy Policy, you must stop using the Application, Site and all Services.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN A BINDING ARBITRATION

AGREEMENT AND CLASS ACTION WAIVER AS WELL AS OTHER IMPORTANT INFORMATION

REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY USING THE SITE,

APPLICATION OR ANY OTHER SERVICE, YOU ARE AGREEING TO BINDING ARBITRATION AND

CLASS ACTION WAIVER AS DESCRIBED HEREIN.

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WITH LIMITED EXCEPTIONS, THE AGREEMENT TO ARBITRATE REQUIRES THAT: (1) YOU SUBMIT

ANY CLAIM THAT YOU MAY HAVE AGAINST THE WELCH CENTER AND/OR ANY WELCH CENTER

REPRESENTATIVE TO BINDING AND FINAL ARBITRATION; (2) YOU WILL BE PERMITTED TO

PURSUE CLAIMS AGAINST THE WELCH CENTER ONLY ON AN INDIVIDUAL BASIS (NOT AS A

PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING);

(3) YOU WILL BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE,

AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS; AND (4) YOU ARE WAIVING

YOUR RIGHT TO HAVE ANY CLAIM AGAINST THE WELCH CENTER AND/OR ANY WELCH

CENTER REPRESENTATIVE RESOLVED BY A JURY OR IN A COURT OF LAW. SEE SECTION 22 FOR

FURTHER DETAILS.

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“Site” refers to the WELCH CENTER’s website located at www.emotionalconnection.org together

with any future affiliated website(s) and webpages whether accessed via a computer, mobile device

or other device or application.

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The Site together with the Application and all other applications as well as all resources, products,

tools, training, webinars, live streams, live events, blogs, podcasts, videos, tools, strategies,

Content (defined in Section 2 below), research, goods, and services offered via the Site or

otherwise offered by the WELCH CENTER via communications to you as a result of your interaction

with the Site are collectively referred to as the “Service” or “Services”.

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In these Terms and elsewhere in the Agreement (defined below), the WELCH CENTER may refer to

you as “user”, “you” or “your”

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“Application User” refers to a user who has signed up for an account to use the Application.

“Application” refers to the platform and tool that allows Application Users to (a) view videos

offered by the WELCH CENTER, (b) upload videos prepared by Application Users for assessment,

and (c) enjoy other features that may be made available to Application Users via the Application.

PLEASE NOTE: As further described in Section 8 below, the Application is currently offered as

a “beta” offering for testing purpose only. The Application is offered with all faults and without

any representations, warranties or assurances of any kind.

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Please note that your use of the Site and any Services is also subject to our Privacy Policy located

here (“Privacy Policy”) and other policies and terms that you may be required to accept in order to

view or use a specific Service. These Terms together with the Privacy Policy and such other policies

and terms applicable to a specific Service viewed or used by you form a binding agreement

between you and the WELCH CENTER (collectively, the “Agreement”).

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By (as applicable) visiting, browsing, downloading, installing, accessing, making a purchase on or

via, or otherwise using the Site and/or any Service, you acknowledge that you have read,

understood these Terms and that you accept, and agree to abide by and be bound by, these Terms

and the other applicable terms and conditions of the Agreement. If you do not agree to (or cannot

comply with) anything set forth in these Terms, the Privacy Policy or any other terms of the

Agreement, you are not permitted to use or access the Site or any Services.

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AS FURTHER DESCRIBED IN SECTION 6 BELOW, NEITHER THE WELCH CENTER NOR ITS

FOUNDERS NOR ANY OF ITS OFFICERS, DIRECTORS, BOARD MEMBERS, EMPLOYEES,

CONSULTANTS, PRINCIPALS OR REPRESENTATIVES (COLLECTIVELY, “WELCH CENTER

REPRESENTATIVE”), IS ENGAGED IN RENDERING ANY MEDICAL, THERAPEUTIC OR CLINICAL

SERVICE OR ANY OTHER PROFESSIONAL SERVICE VIA THE SITE, APPLICATION AND/OR ANY

OTHER SERVICE, AND YOUR USE OF THE SITE, APPLICATION OR ANY OTHER SERVICE DOES

NOT CREATE ANY PHYSICIAN-PATIENT, THERAPIST-PATIENT OR ANY OTHER TREATMENT

RELATIONSHIP BETWEEN YOU AND THE WELCH CENTER OR ANY WELCH CENTER

REPRESENTATIVE. NO SERVICE AND NONE OF THE INFORMATION, CONTENT, APPLICATIONS

OR MATERIAL AVAILABLE VIA THE SERVICES SHOULD BE RELIED UPON AS A SUBSTITUTE FOR

THE ADVICE OF, OR CONSULTATION WITH, A QUALIFIED PROFESSIONAL WHO IS FAMILIAR

WITH YOUR INDIVIDUAL NEEDS.

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AS FURTHER DESCRIBED IN SECTION 16 BELOW, BY VISITING THE SITE AND/OR USING A

SERVICE, YOU ACKNOWLEDGE AND AGREE THAT ALL INFORMATION, CONTENT,

APPLICATIONS AND MATERIAL AVAILABLE VIA THE SITE AND/OR ANY SERVICE ARE PROVIDED

“AS-IS” FOR GENERAL INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO SERVE

AS MEDICAL, THERAPEUTIC, CLINICAL OR PROFESSIONAL ADVICE.

1. Eligibility

2. License Grant

3. License Restrictions

4. Privacy

5. User Registration6. Purchases

7. No Medical, Therapeutic or Professional Advice

8. Prohibited Conduct and Acceptable Use

9. Application Is a “Beta” Offering; Changes to the Services

10. Termination

11. Third-Party Services and Linked Websites

12. Ownership and Proprietary Rights

13. Digital Millennium Copyright Act

14. Your Parenting Information

15. Cancellation / Termination of the Site and/or Services

16. No Assurance That Any Service Will Be Available

17. Representations and Warranties

18. Disclaimer of Warranties

19. Limitation of Liability

20. Indemnification

21. Safety Warnings

22. Changes to these Terms

23. Arbitration and Class Action Waiver

24. Choice of Law and Forum

25. Force Majeure

26. Miscellaneous

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1. Eligibility

In order to use the Site and/or any Service: (a) you must be at least eighteen (18) years old and

legally able to form binding contracts, (b) you must agree to and accept all Terms including the

waivers and releases included in these Terms, (c) you must not otherwise be suspended, restricted

or prohibited from using the Site or Service, and (d) your use the Site and/or Service must be and

remain in compliance with all applicable laws, rules and regulations applicable to you. The

Services are offered only for your personal, non-commercial use, and not for the use or benefit of

any third party.The right to access and use the Site and/or any or all Services may be revoked at any time if there is

a breach of any provision of the Agreement, or if any of these Terms, or use of the Service, is

prohibited or conflicts with any applicable law, rule, or regulation.

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2. License Grant

Provided that you remain in full compliance with these Terms, and subject to the other terms and

conditions herein (including payment of the applicable fee), the WELCH CENTER grants you a

limited, personal, non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable

right and license to access and use the Application, Content and Services on behalf of yourself.

As used herein, “Content” means the content, uWECS, messages, reviews, photos, blogs,

podcasts, audio, video, music, images, illustrations, text, designs, “look and feel”, graphics,

software, training materials, webinars, tools, strategies, research, metadata, data, works of

authorship, and information and other materials posted, generated, provided or otherwise made

available through the Service.

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As further described in Section 11 below, all Content included on, or made available via, the Site or

otherwise included within or made available via the Services is the exclusive property of the

WELCH CENTER or its third-party content providers, as applicable, and is protected by national and

international copyright and other intellectual property laws.

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The Application allows an Application User to submit a video for assessment by the WELCH

CENTER. The WELCH CENTER uses the “Universal Welch Emotional Connection Screen” (also

referred to as “uWECS”) developed by Dr. Martha G. Welch for purposes of assessing videos and

providing feedback. If an Application User elects to submit a video for assessment, the Application

User will receive the results of the WELCH CENTER’s assessment delivered via the Application

User’s account or via the email address on record for the Application User. Use of the videos

submitted by Application Users is governed by these Terms and the Privacy Policy.

The Site, Application, Content and Services are intended for your personal, non-commercial use

only.

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3. License Restrictions

Using the Application, Site, Content or any other Service for any purpose other than in

connection with your personal, non-commercial use of the same in accordance with this

Agreement is strictly prohibited.

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You may not and shall not: (i) sell, rent, lease, copy, reproduce, hyperlink, mirror, frame,

publish, upload, post, modify, transmit, translate, adapt, download, white-label, scrape,

extract, wrap, prepare derivative works of, encode, publicly display, publicly perform or

distribute in any way via any medium any Application or Content or any part of the Site or

Services without the WELCH CENTER’s express prior written consent; (ii) remove any rights

notices, indicia or labels on any part of the Application, Site, Content or other Services;

(iii)attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights

management or other content protection system used on or as part of the Application, Site,

Content or any other portion of the Service; (iv) reverse engineer, decompile, or disassemble

any aspect of the Application, Site or any other Service, in whole or in part, in any form or by

any means, whether manual or automatic, without the prior express written consent of the

WELCH CENTER in each specific instance; (v) use the Application, Content, Site or any Service

for any commercial purpose; or (vi) use the Application, Content, Site or any Service for any

illegal or unlawful purpose.

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All rights not expressly granted to you herein are reserved by the WELCH CENTER.

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4. Privacy

The WELCH CENTER collects registration and other information about you via the Application, Site

and other Services. Please review our Privacy Policy to learn about our privacy practices including,

but not limited to, what information The WELCH CENTER may collect and how The WELCH CENTER

collects it, what The WELCH CENTER uses the information for, and with whom the information may

be shared.

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5. User Registration

In order to access and/or use the Application, certain Content and/or other Services, you may be

required to register for an account. When you register for an account, you must provide the WELCH

CENTER with some basic information (including your first name and last name, date of birth and

email address), payment card information (if applicable), as well as a user ID and password. You

may also provide additional optional information in response to questions in connection with

registration.

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You agree to maintain the security and confidentiality of your password and registration

information. If someone is using your password or accessing your account without your permission,

you must notify the WELCH CENTER at info@emotionalconnection.org and you must change your

password.

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You may close your account at any time by contacting info@emotionalconnection.org.

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6. Purchases​

The Application as well as other Services may be made available subject to payment of a fee.

All purchases shall be made via a third-party payment processor designated by the WELCH

CENTER from time to time and referenced on the payment processing tool.

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The payment processor’s terms and conditions apply to your payment transaction. All fees and

prices are subject to change at any time in our sole discretion.

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The WELCH CENTER has selected a third-party payment processor believed to be qualified to

maintain the confidentiality and security of your information. You agree that neither the WELCH

CENTER nor any WELCH CENTER Representative shall be responsible or liable for any loss you may

suffer if the third-party payment processor allows unauthorized access to any data or personal

information that you provide when purchasing any Services.

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All payments shall be made in U.S. dollars unless otherwise agreed by the WELCH CENTER in

writing. When you make a purchase, in addition to providing general billing information (such as

your name, billing address and credit card information), you may also be required to provide

additional information to verify your identity before completing your transaction. When making any

purchase, you represent that you are providing information about yourself that is true, accurate,

current, and complete, including your name, billing address, e-mail address, and any additional

information as indicated. The WELCH CENTER reserves the right to suspend or terminate your right

to access or use the Services if The WELCH CENTER or any of its third-party service providers

determines that the information you provide cannot be verified or is incorrect, invalid or otherwise

not acceptable.

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Any promotional or “trial basis” discounts offered are temporary and will terminate at the end of the

applicable promotional period but may be terminated earlier in the WELCH CENTER’s sole

discretion.

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You represent and warrant that you are authorized to use the payment method that you have

designated, and you authorize our designated third-party payment processor to charge your

proffered payment method for the total amount of any fees you owe to the WELCH CENTER

including applicable taxes and other charges.

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7. No Medical, Therapeutic or Professional Advice

PLEASE READ THIS SECTION CAREFULLY AS IT INCLUDES IMPORTANT DISCLAIMERS RELATED

TO THE APPLICATION, SITE, CONTENT AND OTHER SERVICES, AND IMPORTANT DISCLAIMERS

RELATED TO ANY ADVICE AND OTHER INFORMATION THAT YOU MAY OBTAIN OR ENCOUNTER

FROM VISITING AND/OR USING THE APPLICATION, SITE, CONTENT AND/OR ANY OTHER

SERVICES.

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The Application, Site, Content and all other Services are made available to you as self-help

tools for general information purposes only. The WELCH CENTER cannot and does not

guarantee their accuracy or their applicability to your specific circumstances.

Information made available via the Application, Site, Content and/or other Services is not

provided to diagnose or treat a health problem, disease, or mental health condition, or

prescribe medication or other treatment. Nothing contained in the Application, Site, Content

and/or any other Service is intended to be a substitute for a diagnosis and/or

recommendations that can and should be provided by your physician, therapist, psychologist,

psychiatrist, physician or other qualified health care provider.

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Neither the Application, Site, Content nor any other Service is intended to replace any

relationship that exists, or should exist, between you and your physician, therapist,

psychologist, psychiatrist, physician or other health care provider. You should always seek the

advice of your therapist, psychologist, psychiatrist, physician or other qualified health care

provider regarding any and all emotional, mental, physical and other medical conditions. You

are hereby advised by the WELCH CENTER to consult with your physician, therapist,

psychologist, psychiatrist, physician or other qualified health care provider for all questions

and concerns you have, may have or hereafter have regarding any and all information

presented by the Application, Site, Content and/or other Services pertaining to your specific

health situation.

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Do not disregard or delay seeking professional advice because of information you have read

on this Site or received through the Application or any other Service. If you have or suspect

that you have a medical problem, contact your health care provider immediately.

Always consult with your physician or other appropriate health care or mental health

professional before accepting advice about pregnancy and birth, lifestyle, diet, exercise,

family living, parenting, or any recommendation provided on or through our Site, Application,

Content or other Services for you and your family, or before taking any medication or

nutritional, herbal or homeopathic supplement, or using any treatment for a health problem.

If you are working with the WELCH CENTER through pregnancy, birth, and the postpartum

period, you should always seek the advice of your ob/gyn or midwife for all medical concerns

relating to your perinatal care. Our services and programs do not replace the expertise and

care of your medical team, so always consult with them for all questions and concerns that

you may have.

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If you are working with the WELCH CENTER as a parent and have any concerns about your

child(ren)'s physical or mental health and/or the parent and child relationship, our intent is

NOT to replace any relationship that exists, or should exist, between you and your child's

physician, therapist, psychologist, psychiatrist, physician or other qualified health care

provider. You always should seek the advice of your physician, therapist, psychologist,

psychiatrist, physician or other qualified health care provider regarding any and all medical

conditions as well as behavioral/emotional concerns for your child(ren). You are hereby

advised to consult with your physician, therapist, psychologist, psychiatrist, physician and/or

other qualified health care provider for all questions and concerns that you may have

pertaining to your child(ren)'s specific health situation.

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By using the Site and/or Services, you acknowledge and agree that:

(a) The Site and any Services are offered for general informational purposes only. The Site

and Services are not offered, and should not be viewed, interpreted or considered, as a

substitute for any expert medical, physical, mental, or psychological health care, nor

are they meant to diagnose, treat, prevent, or cure any physical, medical, mental,

emotional, or psychological ailment, disease or condition.

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(b) Neither the Site nor any Service is offered by Martha G. Welch, the WELCH CENTER,

the WELCH CENTER Representative or any third party in the capacity of a licensed

physician, therapist, clinician, health care professional, social worker or other

professional and should not be used as a substitute, replacement, alternative, or proxy

for any professional, medical, physical, emotional, mental or psychological care,

treatment, counseling, therapy, psychoanalysis, substance abuse treatment, or any

other mental or physical health advice, guidance, or counsel. You should maintain a

relationship with a physician or other appropriate mental health or other provider who

is available to provide mental, physical and urgent care.

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(c) To the extent that the Application, Content or other Services involve any

recommendations, such recommendations are designed to function as guides to help

the user consider their existing approaches to issues and evaluate alternative

approaches to such issues.

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(d) You are responsible for your own well-being and your child’s well-being, including,

without limitation, as it relates to issues involving mental health, physical health,

psychological health, career, finances, business decisions, and other choices and

decisions.

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The information contained on this Site or otherwise provided via the Application, Content or

any other Service has not been evaluated by the Food and Drug Administration and is not

intended to diagnose, treat, cure, or prevent any disease.

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The WELCH CENTER will not be held responsible in any way for the information that you

request or receive through, on or via the Application, Site, Content and/or any Service. You

accept full responsibility and the consequences for your use, or non-use, of information made

available via the Application, Site, Content and/or Services and/or otherwise by the WELCH

CENTER. Your use, or non-use, of this information is at your own risk, and you absolve the

WELCH CENTER and all the WELCH CENTER Representatives and their successors and

assigns of any liability or loss that you and/or any family member may incur from your use, or

non-use, of information provided.

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The WELCH CENTER cannot and does not warrant or guarantee any benefit or effect in working

with the WELCH CENTER and/or from using the Application, Site, Content and/or any other

Service.

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8. Prohibited Conduct and Acceptable Use

By using the Site and/or any Service, you agree NOT to:

(a) Use the Site or Application or any other Service for any illegal purpose or in violation of any

local, state, national, or international law, rule or regulation;

(b) Use the Site or Application or any other Service in connection with research, development,

or offering of any service that competes with the Application or any other Service;

(c) Obtain, attempt to obtain, or redistribute any Content available through the Services

through any means not intentionally made available by the WELCH CENTER, including by

any form of automated access, scraping, or similar process, without our express written

permission and subject to any conditions on such permission;

(d) Infringe, misappropriate or violate (or encourage another person or entity to infringe,

misappropriate or violate) any right of any third party, including by infringing or

misappropriating our or any third party’s copyright, patent, trade secret, moral or other

intellectual property right or any right of publicity or privacy;

(e) Post, upload, submit or distribute any information, content or material that is unlawful,

defamatory, libelous, inaccurate, or that a reasonable person could deem to be

objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing,

hateful, or otherwise offensive or inappropriate;

(f) Interfere with any security-related feature of the Site, Application and/or Services, including

by: (i) disabling or circumventing features that prevent or limit use or copying of the

Application or any Content; or (ii) reverse engineering or otherwise attempting to discover

the source code of the Application or any other portion of the Services, except to the extent

that the activity is expressly permitted by applicable law notwithstanding this limitation;

(g) Interfere with the operation of the Site, Application or any other Service or any user’s

enjoyment of any of the foregoing, including by: (i) uploading or otherwise disseminating any

virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or

advertisement to another user of the Site, Application or any other Service; (iii) attempting

to collect personal information about another user or third party without express written

consent; (iv) attempting to access any restricted portion of the Site, Application or any other

Service, or (v) interfering with, overburdening, or disrupting any network, equipment, or

server connected to or used to provide the Site, Application and/or any other Service, or

violating any regulation, policy, or procedure of any such network, equipment, or server;

(h) Perform any fraudulent activity, including impersonating any person or entity, claiming a

false affiliation, accessing any other Service account without permission, falsifying any

personal information; or using or attempting to use the Application or any other Service

under false pretenses;

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(i) Sell, transfer or otherwise allow another to gain the access granted under these Terms, or

grant any other person or entity the right or ability to view, access, or use the Application or

any Content or other Service;

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(j) Remove, destroy or alter any copyright, trademark other rights notice contained in the Site,

Application, Content or any other Service;

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(k) Use the Content or Materials for the development of any software program, model,

algorithm, or generative AI tool, including, but not limited to, training or using the Content in

connection with the development or operation of a machine learning or artificial

intelligence (AI) system (including any use of the Content for training, fine tuning, or

grounding the machine learning or AI system); or(l) Attempt to do any of the acts described in this

Section 7 or assist or permit any person to engage in any of the acts described in this Section.

We reserve the right, but are not obligated, to remove or disable access to the Application, any

Content and/or any other Service, at any time and without notice, including, but not limited to, if we,

in our sole discretion, consider any Content to be objectionable or in violation of any of these

Terms. The WELCH CENTER maintains the right to investigate violations of these Terms and/or

investigate conduct that otherwise affects the Services. The WELCH CENTER may also consult and

cooperate with law enforcement authorities to prosecute any person and/or entity that violates the

law.

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You agree that any information provided by you to use the Application or any Content or other

Service, or to otherwise interact with the Site and/or any Service, is accurate and that you will keep

all contact, payment (if any) and other information accurate and up-to-date at all times. You shall

be responsible and liable for any failure to provide current and accurate information and to update

such information as needed, and you are solely responsible for any failure by you to maintain the

security and confidentiality of your account.

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9. Application Is a “Beta” Offering; Changes to theServices

You acknowledge and agree that the Application is currently offered for “beta” use only. This

means that the Application is offered for testing purposes only and that the Application may

contain or cause errors and that it may not function as intended or expected. The primary

purpose of offering the Application as a beta offering is to gather feedback from users about

the Application.

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You acknowledge and agree that the form and nature of the Application, Content, Site and other

Services may change from time to time without prior notice to you. Notwithstanding any provision

set forth in this Agreement, the WELCH CENTER, in its sole and absolute discretion, with or without

notice to you and without any liability to you, may terminate, limit, disconnect, deny access to,

discontinue, abandon, modify, or suspend your use of the Application, participation in any beta

program, or both, at any time. You also acknowledge that even if you are selected to participate in

relation to, or otherwise granted access to or asked to try out, the Application, you are not

guaranteed participation in, access to or use of the Application or any offering. You acknowledge

that any breach by you of these Terms, may result in immediate suspension, disconnection, or

termination of access to and/or the right to use the Application and other Services.

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We reserve the right, in our sole determination, to modify, cancel, remove, postpone and/or

discontinue all or any part of the Application, Content, Site and/or other Services at any time,

temporarily or permanently, at any time without advance notice to you.10. Termination

These Terms begin on the date you first interact with or otherwise use the Site and/or any Service

and continue as long as you continue to use the Site and/or any Service. Notwithstanding the

foregoing,

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We reserve the right to suspend, terminate, or cease providing the Site and any Service at any time,

with or without notice to you, including if the WELCH CENTER determines in its sole discretion,

that: (a) you have violated these Terms, the Privacy Policy or any other part of this Agreement; (b)

the WELCH CENTER will no longer provide the Application or other Service; (c) doing so would be in

the best interests of protecting the rights, privacy, safety and/or property of the WELCH CENTER or

its officers, directors, employees, members, contractors, agents, partners, administrators,

contributors, subsidiaries, joint venturers, successors, assignees, or any other applicable third

parties; or (d) for reasons outside of the WELCH CENTER’s control.

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You acknowledge and agree that if the WELCH CENTER terminates your rights under these Terms,

the WELCH CENTER may immediately deactivate or delete your account and all related information

in your account and you must immediately stop all activities authorized by these Terms, including

your access to and use of the Application and/or other Services. You acknowledge and agree that,

to the fullest extent permitted by applicable law, neither the WELCH CENTER nor any the WELCH

CENTER Representative shall be liable to you or any third party for any termination of your access to

the Application and/or other Services. If the WELCH CENTER deletes your account, you may not re-

register for or use the Application and/or other Services under any other name, email address,

account, username, or profile and the WELCH CENTER reserves the right to block your access to

the Application and other Services to prevent re-registration.

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Upon termination of these Terms, all licenses granted to you herein will immediately terminate. The

preamble and Sections 1 and 3-26 of these Terms shall survive termination or expiration.

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In the event of termination or account deletion or cancellation for any reason, any information and

materials that you uploaded to the Services may no longer be available. the WELCH CENTER is not

responsible for the deletion or loss of such information and/or materials.

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11. Third-Party Services and Linked Websites

The WELCH CENTER may provide tools through, and as part of, the Services that enable you to use

certain third-party services and to transfer information to or through such third-party services. By

using one of these tools, you agree that the WELCH CENTER may transfer your information to the

applicable third-party and third-party service. In addition, there may be links on the Site and/or in

the Services that let you leave the Site and Services in order to access a linked website that is

operated by a third party. the WELCH CENTER does not operate, monitor, control, endorse, or

guarantee the accuracy or quality of any materials, content, services or goods provided by any third

party or on any third-party service or site. You agree that the WELCH CENTER shall not be held

liable or responsible, directly or indirectly, for any act or omission of any third party or third-party

site or service or the policies adopted by any third party (including, without limitation, the third

party’s terms or privacy policies) or for any damages or injury resulting or arising from any content,

access to or use of any third party or third-party site or service. Neither these Terms nor the Privacy

Policy apply to any service, website or offering of any third party. Links to third party services and

websites are exclusively for our users’ convenience, and any use of any third-party service and/or

website is at the user’s sole and exclusive risk and liability.

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12. Ownership and Proprietary Rights

The WELCH CENTER acknowledges and agrees that you own your User Videos (defined in Section

13 below).

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You acknowledge and agree that all Intellectual Property is the property of, and owned by, the

WELCH CENTER and/or the WELCH CENTER’s licensors, and are protected by intellectual property

laws and other laws both domestic and foreign.

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“Intellectual Property” means (a) the Site, Application and uWECS; (b) all Materials, Content

(except as otherwise expressly specified) and other Services; and (c) all copyrights, patents,

trademarks, trade names, logos, domain names, designs, “look and feel” , arrangement and other

rights (including proprietary rights) related to, or used on or in connection with, any of the foregoing

(a) – (c).

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“Materials” means all visual interfaces, graphics, designs, compilations, information, metadata,

data, applications, source code, object code, software, programs and other designs, information

and technical elements related to, of or included in the Site, Application and/or other Services.

Other than the limited license to access and use the Site, Application, Content and other Services

as described above, you are not granted any rights in or to the Site, Application, Content or other

Services or to any Intellectual Property. The WELCH CENTER and the WELCH CENTER’s Licensors

reserve all rights in and to the Site, Application, Content, Materials and Services.

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The WELCH CENTER respects the intellectual property rights of others and asks that you do the

same.

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If you provide or make available to the WELCH CENTER any idea, proposal, or suggestion

(collectively, “Feedback”), whether related to the Application (whether a beta version or production

version), the Site, the Content or any other Service or otherwise, you hereby acknowledge and agree

that the WELCH CENTER is free to copy, develop and use such Feedback without any obligation

(fiduciary or otherwise) to you. All Feedback is gratuitous, unsolicited and provided by you without

restriction. The WELCH CENTER is free to secure ownership and intellectual property rights in and

to any developments created or prepared by the WELCH CENTER from Feedback without any limit

or restriction, payment obligation of any kind and without any attribution obligation.

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13. Digital Millennium Copyright Act

Notwithstanding anything to the contrary in this Agreement, if you are a copyright owner or an agent

thereof and believe that any Content or other material provided as part of the Services infringes

upon your copyrights, you may submit a notification pursuant to the Digital Millennium CopyrightAct (“DMCA”)

by providing our Copyright Agent designated below with the following information in

writing:

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(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an

exclusive right that is allegedly infringed;

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(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted

works at a single online site are covered by a single notification, a representative list of such works

at that site;

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(c) Identification of the material that is claimed to be infringing or to be the subject of infringing

activity and that is to be removed or access to which is to be disabled and information reasonably

sufficient to permit the service provider to locate the material;

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(d) Information reasonably sufficient to permit the service provider to contact you, such as a postal

address, telephone number, and email address;

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(e) A statement that you have a good faith belief that use of the material in the manner complained

of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that

you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If notified of an allegation that the Site contains infringing information, materials, or other content,

the WELCH CENTER may investigate the allegation and determine in our sole discretion whether to

remove or request the removal of such material from the Site, consistent with applicable law.

DMCA notices should be sent to copyright@emotionalconnection.org.

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14. Your Parenting Information

In the course of using the Application, you may be asked to upload or submit a video of your

interactions with your child (“User Videos”), and/or you may be asked to respond to questions

and/or surveys related to your interactions with your child (“User Responses”). User Videos and

User Responses are collectively referred to as “User Parenting Information”). You hereby grant to

the WELCH CENTER a nonexclusive right and license to review, edit and use User Parenting

Information: (a) to provide recommendations and suggestions to you and your family; (b) for

internal validation, internal analysis, error identification and correction, service improvements and

for the development of new services and features; and (c) for other purposes as agreed to by you.

Please note, as per our Privacy Policy, in the event that the WELCH CENTER would like to use any

of your User Videos for any training, informational, educational or other similar purpose that is

unrelated to providing recommendations and/or suggestions specifically for you and your family,

the WELCH CENTER will request your approval of the same. The WELCH CENTER will destroy User

Videos in its possession or control upon the earlier of (a) your written request as described in the

Privacy Policy; or (b) nine (9) months after receipt of the User Video from you. Please see our

Privacy Policy for more details regarding the WELCH CENTER’s privacy practices.

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You represent and warrant that: (a) you have all rights necessary to record, upload and grant the

WELCH CENTER all rights and licenses granted herein in relation to User Parenting Information

(including all content and people depicted therein), and that your provision is accurate and not

fraudulent, tortious, or otherwise in violation of any applicable law or any right of any person or

entity. You further irrevocably waive any “moral rights” or other rights with respect to attribution of

authorship or integrity of materials regarding any of the User Parenting Information. IF YOU

CHOOSE TO MAKE ANY OF YOUR USER PARENTING INFORMATION PUBLICLY AVAILABLE VIA A

THIRD-PARTY SITE OR ANY OTHER MEDIUM OR MEANS, YOU DO SO AT YOUR OWN RISK.

You may not upload or otherwise publish any information or material (including User Parenting

Information) via the Application, Site, or otherwise through the Services, or on any third party

platform that administers any such Services, that (a) is untrue, inaccurate, false, or other than an

original work of your authorship; (b) impersonates any other person; (c) violates the privacy right or

copyright, trademark, patent, or other intellectual property rights of any person or entity; (d) you

don’t have the right to upload and publish, or (e) violates any law, or in any manner infringes or

interferes with the rights of others, including but not limited to, the use or inclusion of any name,

information or material that (i) may libel, defame, or invade the privacy of any third party, (ii) is

obscene or pornographic, (iii) is harmful, threatening, offensive, abusive, harassing, vulgar, false or

inaccurate, racially, sexually, ethnically, or is otherwise objectionable or otherwise contrary to the

laws of any place where such information may be recorded, uploaded or viewed; (iv) constitute

personal attacks on other individuals; (v) promote criminal, immoral, or illegal activity; (vi) promote

or advertise any person, product, or service or solicit funds; or (vii) itself would be a violation of

confidentiality.

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You are solely responsible for the User Parenting Information that you submit and their accuracy,

and you agree to defend, at the WELCH CENTER’s option and at your sole expense, and to

indemnify and hold the WELCH CENTER and the WELCH CENTER Representatives and their

successors and assigns harmless from any damages, losses, costs, or expenses, including

attorneys’ fees, which the WELCH CENTER and the WELCH CENTER Representative and their

successors and assigns may incur as a result of any User Parenting Information. The WELCH

CENTER takes no responsibility and assumes no liability for any User Parenting Information posted

by you or any third party, and the WELCH CENTER does not endorse any statement, idea, or

representation contained in any User Parenting Information. The WELCH CENTER does not

guarantee or make any representation regarding the accuracy, integrity, or quality of any of Your

Parenting Information. The WELCH CENTER may (but has no obligation to) monitor, evaluate, alter,

or remove User Parenting Information before or after they appear through the Services, or analyze

your access to or use thereof. The WELCH CENTER may disclose information regarding your access

to and use of the Application, Site and our other Services, and the circumstances surrounding such

access and use, to anyone for any legitimate reason or purpose.15. Cancellation / Termination of the Site and/or

Services

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We reserve the right, in our sole determination, to postpone, cancel, or modify the Site, Application

and/or other Services for any reason and at any time.

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16. No Assurance That Any Service Will Be Available

The WELCH CENTER makes no guarantee, warranty or commitment related to the availability,

operability of functionality of the Site, Application, Content or any other Service. Availability may be

limited and the WELCH CENTER may cease to offer the Application and/or any other Services at any

time in its sole discretion. WELCH CENTER will not be responsible for ceasing to offer the

Application or any other Service, non-availability of the Application or any other Service or any

feature therein, or for any error or failure in the Application or any other Service or caused as a

result of using the Application or any other Service. The WELCH CENTER reserves the right to

modify, suspend, discontinue, or restrict access to, all or any part of the Application at any time.

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17. Representations and Warranties

You represent and warrant that you will comply with all terms and conditions of these Terms, and

that you will not violate the property, intellectual property or privacy rights of any person or entity.

You further represent and warrant that you will not: (a) cause damage to the Site, Application or any

other Service; (b) impair the availability or accessibility of the Site, Application or any other Service,

including, without limitation, by modifying, adapting, bypassing, or hacking the Site or Application

or other Service to change, de-crypt, interrupt, destroy, or limit the functionality of the WELCH

CENTER’s, or any user’s computer, server, software, hardware, network, or telecommunications

equipment; (c) engage in any activity that interferes with the performance of, or impairs the

functionality of, the Site, Application or any other Service; (d) damage the Site, Application or any

other Service, or harm any individual, by introducing viruses, trojans, worms, logic bombs, or other

material which is malicious or technologically harmful; (e) attempt to gain unauthorized access to

the Site, Application or any other Service, or the servers on which any portion of the Site,

Application and/or other Services are stored or hosted, or any server, computer, or database

connected to the Site, Application or other Service; or (f) attack the Site, Application or other

Service via a denial-of-service attack or a distributed denial-of service attack. The WELCH CENTER

will report any breach to the relevant law enforcement authorities, and will cooperate with those

authorities by disclosing your identity and any other relevant information to them.

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18. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SITE, APPLICATION,

CONTENT AND ALL OTHER SERVICES AND ANY AND ALL THIRD-PARTY MATERIALS ARE MADE

AVAILABLE TO YOU ON AN “AS-IS,” “WHERE-IS” AND “WHERE-AVAILABLE” BASIS, WITHOUT ANYREPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY;

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AND (B) THE WELCH CENTER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH

RESPECT TO THE SITE, APPLICATION, CONTENT AND ALL OTHER SERVICES AND ANY AND ALL

THIRD-PARTY MATERIALS, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, NON-INFRINGEMENT, ERROR-FREE OPERATION AND/OR TITLE. THE

WELCH CENTER SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THIRD PARTY APPLICATIONS,

MATERIALS, SERVICES, ACTS OR OMMISSIONS. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN

THIS SECTION AND ELSEWHERE IN THESE TERMS AND THE AGREEMENT) ARE MADE FOR THE

BENEFIT OF THE WELCH CENTER, THE WELCH CENTER REPRESENTATIVES AND THEIR

RESPECTIVE SUCCESSORS AND ASSIGNS.

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The WELCH CENTER does not guarantee that the Site, Application, Content or any other Service is

or will remain updated, complete, correct, current, reliable, useful, timely, secure, error-free, or

virus-free, or that access to any of them will be uninterrupted. The Site, Application, Content and

other Services may include inaccuracies, errors and materials that violate or conflict with these

Terms or the Agreement. Additionally, third parties may make unauthorized alterations to the

Application, Site, Content and/or other Services. YOU EXPRESSLY AGREE THAT YOUR USE OF THE

SITE, APPLICATION, CONTENT AND OTHER SERVICES IS AT YOUR SOLE RISK.

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19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) NEITHER THE WELCH CENTER

NOR ANY THE WELCH CENTER REPRESENTATIVE WILL BE LIABLE FOR ANY INDIRECT,

INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND,

UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY,

INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS

OF SECURITY OF INFORMATION (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES

OF ANY INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES

OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, NEITHER THE WELCH CENTER NOR ANY

THE WELCH CENTER REPRESENTATIVE WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING

FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY SERVICE OR ANY THIRD-PARTY

MATERIAL, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION

THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR

ANY SERVICE OR THIRD-PARTY MATERIAL IS TO STOP USING THE SITE AND SERVICES; (D) THE

MAXIMUM AGGREGATE LIABILITY OF THE WELCH CENTER (ON BEHALF OF THE WELCH CENTER

AND ALL THE WELCH CENTER REPRESENTATIVES) FOR ALL DAMAGES, LOSSES, AND CAUSES OF

ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN

THE AGGREGATE BE THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE WELCH

CENTER TO USE THE SITE AND ANY SERVICES OVER THE SIX (6) MONTH PERIOD PRECEDING THE

CAUSE OF ACTION; AND (II) FIFTY U.S. DOLLARS ($50). ALL LIMITATIONS OF LIABILITY OF ANY

KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THE TERMS) ARE MADE FOR THE

BENEFIT OF THE WELCH CENTER AND ALL THE WELCH CENTER REPRESENTATIVES AND THEIR

RESPECTIVE SUCCESSORS AND ASSIGNS. IF YOU LIVE IN A JURISDICTION THAT DOES NOT

ALLOW THE EXCLUSION OR LIMITATION, THE ABOVE EXCLUSION AND LIMITATION SHALL BE

DEEMED MODIFIED TO THE EXTENT NECESSARY TO ENABLE ENFORCEMENT OF THE SAME WHILE

LIMITING THE LIABILITY OF THE WELCH CENTER AND THE WELCH CENTER REPRESENTATIVES TO

THE FULLEST EXTENT ALLOWABLE UNDER LAW.

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Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or

exclusion of damages is intended to and does allocate the risks between the parties under these

Terms. This allocation is an essential element of the basis of the bargain between the WELCH

CENTER and you. The limitations in this Section will apply even if any limited remedy fails of its

essential purpose.

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20. Indemnification

You hereby agree, to the extent permitted by law, to indemnify, defend, and hold harmless the

WELCH CENTER and the WELCH CENTER Representatives, including its partners, joint venturers,

successors and assigns from and against any and all complaints, charges, claims, damages,

losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in

any way to: (a) your access to or use of the Site (including, without limitation, any Content you

submit on or to the Site or the Services; (b) your breach of any representations, warranties,

obligations, or any other terms or conditions set forth in the Agreement; (c) your violation of any

third-party rights, including without limitation any copyright, trademark, property, publicity, privacy

or personal right(s); or (d) any misrepresentation made by you. The WELCH CENTER will promptly

notify you of any such claim, suit, or proceeding. The WELCH CENTER reserves the right to assume

the exclusive defense and control (at your expense) of any matter that is subject to indemnification

under this Section. In such case, you agree to cooperate with any reasonable requests assisting the

defense of such matter.

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21. Safety Warnings

TO THE EXTENT ANY SERVICE INVOLVES MENTAL HEALTH OR WELLNESS INFORMATION, SUCH

INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. YOU

SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE,

PROFESSIONAL MEDICAL OR MENTAL HEALTH, ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE

ANY CONCERNS OR QUESTIONS ABOUT YOUR PHYSICAL OR MENTAL HEALTH, YOU SHOULD

ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER MENTAL OR

PHYSICAL HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING

MEDICAL OR MENTAL HEALTH-RELATED ADVICE FROM YOUR APPLICABLE HEALTHCARE

PROFESSIONAL(S) BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR HEARD OR

LEARNED IN CONNECTION WITH THE SERVICES. THE USE OF INFORMATION PROVIDED

THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK AND IS NOT INTENDED AS MEDICAL OR

MENTAL CARE HEALTH ADVICE.22. Changes to these Terms

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The “Last updated” date at the top of these Terms indicates when the Terms have last been

changed. The version of the Terms posted on the Site and made available via the Application on

each respective date you visit or use the same will be the Terms applicable to your access and use

of the Site, Application and other Services on that date. The WELCH CENTER’s electronically stored

or otherwise properly stored copies of the Terms and Privacy Policy shall be deemed to be the true,

complete, valid, and authentic copies of the version of the Terms and Privacy Policy that were in

force on each respective date you visited and/or used the Site, Application and/or other Services.

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23. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS BY REQUIRING YOU

TO AGREE TO RESOLVE CERTAIN DISPUTES BETWEEN YOU AND THE WELCH CENTER THROUGH

BINDING INDIVIDUAL ARBITRATION.

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This Section provides that all Disputes (defined below) between you and the WELCH CENTER shall

be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this

arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court,

before a judge or jury, and/or to participate in or be represented in a case filed in court by others

(including, but not limited to, class actions). Except as otherwise provided, entering into these

Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge

or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The

arbitrator must follow these Terms and can award the same damages and relief as a court

(including attorney’s fees).

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