Website Terms of Use

TERMS AND CONDITIONS OF USE

Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

Agreement. This Term of Use agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of the Welkin Sciences, LLC (“Welkin Sciences”) website (the “Site”) and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Welkin Sciences upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at the Site. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

Privacy. In addition, when using our Site, you shall be subject to any posted policies, guidelines, or rules applicable to use of the Site and any service provided by the Site, including, but not limited to, our Privacy Policy, which is available for review on the Site. All such policies, guidelines, and rules are hereby incorporated by reference into these Terms of Use.

Ownership. All content included on this site is and shall continue to be the property of Welkin Sciences or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownerships rights or other interest in any content by or through your use of this Site.

Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 18.

Trademarks. The logo of Welkin Sciences used and displayed on this Site is our unregistered trademark. Nothing on this Site should be construed as granting any license or right to use our logo without our written permission. The name of Welkin Sciences or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Site, without prior written permission. You are not authorized to use our logo as a hyperlink to our Site unless you obtain our written permission in advance. You acknowledge Welkin Sciences’ exclusive rights in its logo, service mark, name, and registered and unregistered trademarks. Trademarks, service marks, logos, and copyrighted works appearing in this Site are the property of Welkin Sciences or the party that provided such intellectual property to the Site. Welkin Sciences and any party that provides intellectual property to the Site retain all rights with respect to any of their respective intellectual property appearing in this Site, and no rights in such materials are transferred or assigned to you.

Site Use. Welkin Sciences grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products, or services in violation of any law. The use of this Site is at the discretion of Welkin Sciences, and Welkin Sciences may terminate your use of this Site at any time.

Links to Third Party Content. We may provide hyperlinks or pointers to other websites maintained by third parties or may provide third party content on our website by framing or other methods. The links to third party websites are provided for your convenience and information only. The content in any linked website is not under our control, and we are not responsible for the content. If you decide to access any of the third party sites linked to our website, you do this entirely at your own risk. A link does not mean that we are affiliated with the third party website’s owners or sponsors, and the fact that we provide a link to a third party website does not mean that we endorse, authorize, or sponsor that website. We reserve the right to terminate a link to a third party website at any time.

Third Party Links to our Site. If a third party links to this Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are unaware that a third party has linked to our website.

A website that links to our Site:

  • May link to, but not replicate, our content;
  • Should not create a browser, border environment, or frame our content;
  • Should not imply that we are endorsing it or its products;
  • Should not misrepresent its relationship with us;
  • Should not present false information about our products or services; and
  • Should not contain content that could be construed as distasteful, offensive, or controversial, and should contain only content that is appropriate for all age groups.

Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

Indemnification. You agree to indemnify, defend and hold Welkin Sciences and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. WELKIN SCIENCES DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. 

YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WELKIN SCIENCES OR ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

Use of Information. Welkin Sciences reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. Welkin Sciences reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or government request.

Copyright. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Compliance Manager:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Compliance Manager can be reached as follows:

By Mail: Welkin Sciences, LLC, Attn: Compliance Manager, 2 N. Nevada Ave., Suite 1280, Colorado Springs, CO 80903

By Phone: 719-331-7233 ext. 318

By E-mail: privacy@welkinsciences.com

Applicable Law. You agree that the laws of the state of Colorado, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Welkin Sciences or its affiliates.

Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

Waiver. The failure of Welkin Sciences to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement must be in writing and signed by an authorized representative of Welkin Sciences.

Termination. Welkin Sciences may terminate this Agreement at any time, with or without notice, for any reason.

Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

Entire Agreement. This Terms of Use constitutes the entire agreement between you and Welkin Sciences and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Welkin Sciences with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Welkin Sciences may revise these Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

Contact Information.

Welkin Sciences, LLC
2 N. Nevada Ave., Suite 1280, Colorado Springs, CO 80903
719-520-5115 ext. 318 privacy@welkinsciences.com