Terms of Use

Official Terms and Conditions of Use

Welcome to the mobile application also referred to as WelConnect for Welcoming Practices that Address Transition Needs of Military Students in Public Schools (“Welcoming Practices”). These Terms and Conditions of Use (“Terms of Use”) and our Privacy Policy govern your use of WelConnect. Your use of this mobile application (WelConnect) constitutes your agreement to follow and be bound by these Terms of Use and the Privacy Policy.

1. Consult Your Physician for Medical Advice.

Although the mobile application may include various articles and information relating to topics in the field of health care or education, this information is intended to be used for general informational purposes only. It should not be used as a substitute for medical or other professional advice. You should not rely on it for medical or health decisions. Always consult with your physician or another qualified health care provider for medical diagnosis or treatment of any medical conditions or concerns you may have. You should never delay seeking medical or other professional advice or disregard any advice you receive because of anything you read on the mobile application.

2. Protection of User ID and Password.

In order to be an authorized user of WelConnect, you will need to register and be assigned a User ID and password. You should keep them confidential. Welcoming Practices encourages you not to share your User ID or password with anyone other than trusted family members and advisors who may need access to the information in an emergency. You are responsible for all usage or activity on the mobile application through the use of your User ID and password. If you believe someone has gained unauthorized access to your User ID and password for any reason (including without limitation due to theft or inadvertent disclosure), you should change your User ID and password immediately or contact Welcoming Practices at (213) 821-3594.

3. Information You Provide.

You represent that any information you provide to WelConnect during the set-up of your mobile application account or in connection with your use of the mobile application is accurate, to the best of your knowledge. You must not impersonate another person or create false account information for yourself or others. You agree to promptly update any account information when such information changes.

4. Authorized Use.

You may access and use the mobile application only for its intended purpose. You must comply with any restrictions that may be posted or implemented, including without limitation restrictions on downloading, printing, copying, modifying, publishing, posting, transmitting or distributing documents or other content on the mobile application.

5. Links to Other Sites.

The mobile application may contain links to other Web sites that are not operated by Welcoming Practices. These links are provided to you only as a convenience. Such linked sites are not under the control of Welcoming Practices and Welcoming Practices is not responsible for their content, or any actions taken by the operators of such other sites. The inclusion of any link on the mobile application does not constitute or imply an endorsement or recommendation by Welcoming Practices of that entity or its products and services.

6. Equipment.

You are responsible for securing, at your own cost, all computer equipment, Internet access, software, and other items or services necessary to access and use the mobile application.

7. Intellectual Property.

[“Welcoming Practices,”] and [“Welcoming Practices Military Families”] are trademarks and service marks of Welcoming Practices. The mobile application, and any content made available by Welcoming Practices through the mobile application (other than your own personal data), is protected by copyright or other intellectual property rights of Welcoming Practices or third parties. You do not, by virtue of downloading any content from the mobile application, obtain title to, or any other ownership interest in, that content. Notifications of claimed copyright infringement with respect to any articles made available on the mobile application should be sent to: welcomingpractice@gmail.com. Please include in such notice your contact information and identify the work claimed to be infringing and infringed.

8. Reserved Rights.

Welcoming Practices reserves the right, in its sole discretion, to: (i) suspend user privileges and block your access or use of the mobile application (in whole or in part) temporarily, indefinitely, or permanently at any time, with or without prior notice; (ii) change any aspect of the mobile application at any time, including without limitation the availability of any feature or content, and to impose limits on certain features and content, at any time, with or without prior notice; and (iii) monitor, review and use all communications and other use of the mobile application, together with information relating to such communications and use, such as identification of sources and recipients of content and usage frequency.

9. Compliance with Laws and Standards.

You must comply with all applicable laws in connection with your use of the mobile application. You may not use the mobile application to: (a) publish or transmit obscene, profane, pornographic, or vulgar materials; (b) knowingly distribute false information about a person or organization; (c) distribute advertising or other unsolicited materials to any third parties; or (d) harass, intimidate or threaten others.

10. Viruses.

You must use reasonable efforts to ensure that no viruses or other harmful code are introduced into the mobile application through your equipment or software. In the event a virus or other harmful code is found to have been introduced into the mobile application through your equipment or software, you agree to assist Welcoming Practices as requested to mitigate any damage and restore the mobile application to its prior condition.

11. Security.

Welcoming Practices uses security measures to protect against unauthorized access to the mobile application. However, no security measures are perfect and you agree that Welcoming Practices is not responsible for any failure of such security measures to prevent unauthorized access to the mobile application. You agree to observe all security features on WelConnect and not to disable or circumvent any security features or devices.

12. Changes to the Terms of Use.

Welcoming Practices may change these Terms of Use at any time by posting the new Terms of Use the next time you access the mobile application. If you do not agree to be bound by the changes, you should not use the mobile application again. You will be deemed to have agreed to be bound by any changes to these Terms of Use if you use WelConnect on or after the effective date of the change.

13. DISCLAIMER OF WARRANTIES.

The articles, data and other information on the mobile application may include errors and omissions. Any opinions, recommendations, views or other statements in the content should not be relied on as facts. The mobile application also may be unavailable from time to time. Therefore, Welcoming Practices cannot be liable for your reliance on the mobile application or information made available through the mobile application for any reason. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WELCOMING PRACTICES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES WITH RESPECT TO (A) THE PERFORMANCE, FUNCTIONALITY, RELIABILITY, CONTINUOUS AVAILABILITY, SECURITY, OR OPERATION OF THE WELCONNECT MOBILE APPLICATION, (B) THE ACCURACY, CURRENCY, COMPLETENESS, VALIDITY OR RELIABILITY OF DOCUMENTS, INFORMATION OR OTHER CONTENT ON THE WELCONNECT MOBILE APPLICATION, OR (C) THE ABSENCE OF VIRUSES OR OTHER HARMFUL CODE ON THE WELCONNECT MOBILE APPLICATION.

14. LIMITATIONS OF LIABILITY.

IN NO EVENT SHALL WELCOMING PRACTICES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT OR OTHER DAMAGES ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE WELCONNECT MOBILE APPLICATION OR THE CONTENT CONTAINED THEREIN (WHETHER BY CONTRACT, TORT OR OTHERWISE), EVEN IF WELCOMING PRACTICES HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. WELCOMING PRACTICES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE WELCONNECT MOBILE APPLICATION IS TO STOP USING THE APPLICATION. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE APPLICATION MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

15. ASSUMPTION OF RISK; WAIVER.

YOU ASSUME ALL RESPONSIBILITY AND RISK OF DAMAGE, INJURY, OR OTHER LOSS RESULTING FROM THE USE OF THE WELCONNECT MOBILE APPLICATION, OR THE INFORMATION CONTAINED THEREIN. YOU HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE WELCOMING PRACTICES AND ITS AFFILIATES, AND THEIR RESPECTIVE BUSINESS PARTNERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, LIABILITIES OR OTHER OBLIGATIONS RESULTING FROM YOUR USE OF THE WELCONNECT MOBILE APPLICATION.

16. Indemnification.

You agree to indemnify and hold Welcoming Practices and its vendors, affiliates, and their respective business partners, employees and agents harmless from any third party claims, damages or other liability resulting from your violation of these Terms of Use or your negligence or intentional misconduct in connection with accessing or using the mobile application.

17. Privacy Policy.

The Welcoming Practices Privacy Policy explains how Welcoming Practices may use and transfer information collected in connection with the Site or SER.

18. Severability.

If any provision in these Terms of Use is held to be invalid, illegal or unenforceable for any reason, the remaining provisions shall remain effective to the fullest extent permitted by applicable law.

19. Governing Law; Jurisdiction.

These Terms of Use are governed by the laws of the State of California. All disputes arising under or in connection with these Terms of Use or arising from use of the Welcoming Practices WelConnect mobile application shall be submitted to Judicial Arbitration and Mediation Services (“JAMS”) or successor organization for binding arbitration in Los Angeles County by a single arbitrator who shall be a former California Superior Court judge. The arbitrator shall be selected by JAMS in an impartial manner determined by it. Except as may be otherwise provided herein, the arbitration shall be conducted under the California Arbitration Act, Code of Civil Procedure §1280 et seq. The parties shall have the discovery rights provided in Code of Civil Procedure §§1283.05 and 1283.1. The arbitration hearing will be commenced within 180 days of the filing of this application with JAMS by any party hereto, and a decision shall be rendered by the arbitrator within (30) days of the conclusion of the hearing. The arbitrator shall have complete authority to render any and all relief, legal and equitable, appropriate under California law and this Agreement. The arbitrator shall award costs of the proceeding, including reasonable attorney’s fees, to the party determined to have substantially prevailed.

20. Support; Questions; Comments.

To report any technical problems with the Site or SER (such as links that do not connect or downtime), please send an e-mail to welcomingpractice@gmail.com.