Terms of use

Thank you for visiting delos.com or its affiliated websites (including staywellrooms.comstaywellshop.com, staywellmeetings.com, and http://delos.com.cn/  websites) (collectively, the Sites). These Terms of Use along with the Privacy Policy incorporated herein govern your use of the Site and the content, features, information and services made available on and through the Site. Please read these Terms of Use carefully before using the Site or any services offered on the Site. The Terms of Use, when agreed to by you, will form a binding Agreement between you and Delos Living LLC, Delos Hospitality LLC, and Delos Merchandising LLC (collectively “Delos”, “we,” “us,” “our,” and other similar pronouns).

 

1. Acceptance of Terms of Use. Your use of the Site indicates your acceptance of these Terms of Use. If you do not accept these Terms of Use, do not use the Site. From time to time these Terms of Use may be revised by updating this document and posting it on the Site. Please review these Terms of Use from time to time. Your continued use of the Site will constitute your agreement to the most current version of these Terms of Use. If at any time you do not agree to these Terms of Use, do not use this Site. 

2. Contact.  Questions concerning the use of the Sites and its services should be directed to info@delos.com or 860 Washington Street, 4th Floor, New York, NY 10014.

3. Intellectual Property Rights. All text, graphics, design, courses and programming on this Site (“Content”) is the sole property of Delos or their respective owners and is protected by U.S. copyright law, trademark law and international treaties. Delos authorizes you to view and download a single copy of the Content on the Site solely for your personal, noncommercial use. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate Web pages on the Site, as well as any graphics.

The “look” and “feel” of the Site (including color combinations, layout, design and all other graphical elements) are also protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks including by way of example and not limitation Delos and Stay WELL & Design Marks (“Marks”) are the property of Delos or the property of their respective owners. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms of Use. Nothing contained in this Agreement is intended to confer upon or assign to you any right, claim, title or interest in or to any Delos’ intellectual property and proprietary rights.

4. Acceptable Use of the Site. Delos provides website visitors with Content on the Site for informational, educational and other purposes.  The Site may be used within the context of the products, services and information contained on the Site. The information displayed on the Site may not be used for any purpose except in connection with your personal, direct use of the Site as permitted by these Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Site. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. As a condition of use of the Site, you promise not to use the Site or related services in any manner prohibited by applicable law and regulations.  By way of example and not as a limitation, you shall not and shall not permit any third party to either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Site services, including without limitation any user submission, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  • you know is false, misleading, untruthful or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious or obscene;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  • involves commercial activities (whether or not for profit) and/or sales without Delos’ prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • contains software viruses or any other computer codes, files, worms, or other malware or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Delos or any third party;
  • impersonates any person or entity, including any employee or representative of Delos;
  • includes anyone’s identification documents or sensitive financial information; or
  • violates Delos’ posted privacy, website or other policies.

You shall not (directly or indirectly):

  • interfere with the proper operation of the Site including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Site, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Site or the use of the website by any Users.
  • remove from any such copies our copyright notice or other legends. You may not alter or modify the Content.
  • use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or
  • harvest or scrape any Content from the Site; or attempt to interfere with service to any users of the Site, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”.

5. Monitoring of Information. Delos does not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Site. You are responsible for verifying the accuracy of information posted through your independent investigation. While under no obligation to do so, Delos may in its discretion review information submitted to the Site for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information submitted to the Site for any reason whatsoever. Delos reserves the right to suspend your use of this Site for any reason at any time, in its sole discretion.

6. Rights to Information and User Submissions. We may use information and content submitted by You in a number of ways to provide our services as further described in our Privacy Policy.  You hereby grant to Delos a non-exclusive, irrevocable, perpetual, worldwide, fully paid, royalty-free, sublicensable and transferable right and license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, and otherwise fully exploit the user submissions in connection with the Site, the services and Delos’ (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the services in any media formats and through any media channels (including, without limitation, third party website and feeds). You also hereby do and shall grant each user of the Site and/or the services, a non-exclusive license to access your user submissions through the Site and the service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, publicly display and publicly perform such user submissions in connection with their use of the Site and services. For clarity, the foregoing license grant to Delos does not affect your other ownership or license rights in your user submission(s), including the right to grant additional licenses to the material in your user submission(s), unless otherwise agreed in writing with Delos.  You represent and warrant that you have all rights to grant such licenses without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

7. Termination of Access to Site. Users who violate these Terms of Use may be denied access to the Site at the sole discretion of Delos.

8. Disclaimer of Warranties, Indemnification and Limitations of Liability. Your agreement to the following disclaimers and limitations are a material inducement to Delos to permit you to access the Site. Your use of the Site, and the obligations and liabilities of Delos in respect of your use of the Site, is expressly limited as follows:

Conduct of Users. Delos assumes no responsibility for the activities or conduct of Users.

Third Party Information or Site. The Site displays the content, services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on the Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by Delos on behalf of or any third party. In addition, Delos does not endorse, warrant or otherwise guarantee the substance of any information posted by Users or third parties on the Site. Delos shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party Site accessed from the Site. Site We encourage you to review the applicable terms of use and privacy policy of such third party Site.

Accuracy of Information. Delos makes no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information submitted by Site users, or of any other form of communication engaged in or information exchanged by Site users. Information on the Site may contain inaccuracies or typographical errors. You acknowledge that any reliance on information submitted by users or on any other form of communication with users will be at your own risk.

DISCLAIMER OF WARRANTIES. THE SITES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. DELOS DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.  IN ADDITION, WHILE THE SITES AND CONTENT HEREIN ARE INTENDED TO EDUCATE AND ASSIST WEBSITE VISITORS AND INDIVIDUAL CONSUMERS ALIKE IN THEIR EFFORTS TO CREATE WELLNESS LIVING SPACES, AN INDIVIDUAL’S HEALTH AND WELL-BEING ARE DETERMINED BY A NUMBER OF FACTORS PARTICULAR TO THAT INDIVIDUAL, OTHER THAN THAT INDIVIDUAL’S CURRENT ENVIRONMENT.  THESE FACTORS INCLUDE BUT ARE NOT LIMITED TO, PERSONAL CURRENT AND PAST CONDUCT, GENETICS, FAMILY HISTORY, AND PSYCHOLOGICAL FACTORS.  DELOS IS NOT A LICENSED HEALTHCARE PROVIDER, AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY OF ITS SERVICES OR RECOMMENDATIONS, OR ANY PRODUCTS SOLD OR RECOMMENDED, WILL CURE ANY ILLNESSESS OR DISEASES, IMPROVE THE OVERALL HEALTH OR WELL-BEING OF ANY SPECIFIC INDIVIDUAL(S), OR CAUSE A SPACE TO BE FREE FROM BACTERIA, VIRUSES, ALLERGENS, VOLATILE ORGANIC COMPOUNDS, OR OTHER PATHOGENS. NEITHER DELOS’S SERVICES NOR THE INFORMATION DISPLAYED ON THE SITES CONSTITUTE THE PRACTICE OF MEDICINE OR THE PROVISION OF ANY PROFESSIONAL HEALTHCARE SERVICES, DIAGNOSIS OR TREATMENT, AND NOTHING DISPLAYED ON THE SITES SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.   

FURTHERMORE, SOME OF THE PRODUCTS AND MATERIALS MENTIONED AND/OR SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO AROMATHERAPY DIFFUSERS, MAKE USE OF SUBSTANCES WHICH ON RARE OCCASIONS MAY CAUSE AN ALLERGIC OR OTHER ADVERSE REACTION IN SOME PEOPLE.  DELOS MAKES NO WARRANTIES THAT THE PRODUCTS AND MATERIALS RECOMMENDED BY IT WILL NOT AFFECT PEOPLE WITH SUCH ALLERGIES OR PROPENSITIES FOR OTHER ADVERSE REACTIONS, AND DELOS ASSUMES NO LIABILITY FOR ALLERGIC OR OTHER ADVERSE REACTIONS TO PRODUCTS OR MATERIALS MENTIONED AND/OR SOLD ON THIS SITES. 

AS PART OF THE STAY WELL MEETINGS PROGRAM, PARTICIPANTS MAY BE INVITED TO ENGAGE IN LIGHT STRETCHING OR OTHER LIGHT PHYSICAL ACTIVITY AS PART OF A WELLNESS MOMENT.  DELOS IS NOT ENGAGED IN RENDERED MEDICAL SERVICES AND ANY CONTENT PROVIDED IS NOT A DIAGNOSIS, TREATMENT PLAN OR RECOMMENDATION FOR A PARTICULAR COURSE OF ACTION REGARDING YOUR HEALTH.  NOT ALL EXERCISES ARE SUITABLE FOR EVERYONE.  IF AT ANY POINT YOU BEGIN TO FEEL FAINT, DIZZY OR HAVE PHYSICAL DISCOMFORT, YOU SHOULD STOP IMMEDIATELY.  YOU ARE RESPONSIBLE FOR EXERCISING WITHIN YOUR LIMITS AND SEEKING MEDICAL ADVICE AND ATTENTION AS APPROPRIATE.  DELOS, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES AND AGENTS ARE NOT RESPONSIBLE FOR ANY INJURIES THAT RESULT FROM PARTICIPATING IN THESE PROGRAMS AND WILL BE HELD HARMLESS FROM ANY AND ALL LOSSES, LIABILITIES, INJURIES OR DAMAGES RESULTING FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, SUITS, PROCEEDINGS OR DEMANDS ARISING FROM OR RELATED TO PARTICIPATING IN THE STAY WELL MEETINGS PROGRAM AND WELLNESS MOMENTS.  

LIMITATION OF LIABILITY. IN NO EVENT SHALL DELOS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES OF ANY KIND DUE TO YOUR USE OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, (INCLUDING LOST PROFITS, LOSS OF GOODWILL, PERSONAL OR PROPERTY DAMAGE) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DELOS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnification. You agree to indemnify, defend and hold harmless Delos and its affiliates and its and their employees, officers, directors and investors harmless from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys’ fees and costs of suit, arising out of your breach of these Terms of Use.

 10. General.  These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state and federal courts within the State of New York. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. The failure of Delos to enforce any term or condition of these Terms of Use shall not be deemed a waiver thereof and shall not prevent its later enforcement.

 

Last Updated:  December 22, 2017