TERMS OF USE:

Acceptance of Terms through Use

By using Welldayatwork.com (Wellday), you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). If you do not agree to these Terms of use, you must not use this Site.

Proprietary Rights

Wellday and all aspects of the website and programming, including all materials posted by Break Away, LLC (Break Away) are owned and copyrighted by Break Away and are the sole intellectual property of Break Away. Wellday may be accessed, or printed for personal, non-commercial use only. Without the prior written permission of Break Away, you may not copy, distribute, or transfer any material on the website in whole or in part, except as specifically provided herein. 

User Names and Passwords

User names and passwords may not be shared outside of your authorized organization. By accepting these Terms of Use, you agree to immediately notify Break Away of any unauthorized use of your password or account or any other breach of security. You may never use another member's account without prior authorization from Break Away. Break Away will not be liable for any loss or damage arising from your failure to comply with this Agreement.

Links to Other Websites

Links to other websites are provided as navigation tools only. These other websites contain information created, published, maintained, or otherwise posted by persons or entities independent of Break Away or Wellday. Break Away does not control these outside linked websites and is not responsible for the information or links you may find there. Break Away does not guarantee the content, accuracy, completeness, or privacy policies of information on other websites. The presence of these links does not constitute or imply an endorsement, recommendation, or preference by Break Away. The owners/operators of these outside linked websites do not necessarily endorse Break Away’s products or services, nor are they responsible for the content of Wellday. Break Away is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use of, reference to, or reliance on such information. 

Content

Content on Wellday is provided to you for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Break Away. Break Away reserves all rights not expressly granted in and to the Website and the Content.

• for your information and personal use;
• as intended through the normal functionality of the website; and
• for Streaming, ("streaming" or "stream" means a contemporaneous digital transmission of an audiovisual work via the internet from the website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing Wellday videos for any purpose or in any manner other than streaming is expressly prohibited.

Inappropriate Transmissions

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to Break Away servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

Non-commercial Use

The website may not be used in connection with any commercial purposes, except as specifically approved by Break Away. Unauthorized framing of, or linking to, any portion of Wellday is prohibited. 

Privacy Policy

A complete statement of the current privacy policy can be found in Wellday’s Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.

Limitation on Liability

In no event shall Break Away, its owners, managers, employees, or agents, be liable to you for any damages whatsoever, be they direct, indirect, incidental, special, punitive, or consequential damages, resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (iii) any unauthorized access to or use of Break Away secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via Wellday, whether based on warranty, contract, tort, or any other legal theory, and whether or not Break Away is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnification

You hereby agree to defend, indemnify and hold Break Away harmless from all claims, liabilities, damages and expenses (including attorney’s fees and expenses arising out of or relating to your use and/or misuses of Wellday), and any alleged breach of the Terms of Use by you.

Changes to the Agreement

Break Away may make improvements or changes in the information, services, products, and other materials on Wellday, at any time without notice. Break Away may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. 

Geographical Restrictions

Wellday is controlled and operated by Break Away from its offices within the State of North Dakota, United States of America. Wellday is intended for use only by residents of the United States. Break Away acknowledges the global reach of the World Wide Web, however, countries outside the United States may have other legal or regulatory requirements, which require reference to different or additional information. Therefore, Wellday may not be appropriate for use outside the United States. 

Choice of Laws

This Agreement and the resolution of any dispute related to this Agreement shall be governed by and construed in accordance with the laws of the North Dakota, without giving effect to any principles of conflicts of law. Any legal action or proceeding between the parties related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in North Dakota.