Terms of Service
These Terms of Use were last updated on August 23, 2023.
Welcome to 1-2-3 Wellness™ and its affiliated programs and services!
1-2-3 Wellness™, offered by GrowthWell LLC, is a research-based educational program that provides wellness resources for students, educators, administrators, other invididuals, schools and organizations. We are committed to helping ensure that users data is safe and secure.
1. Introduction
We are glad that you are here and want you to have a positive experience. These Terms of Use (collectively, the “Terms”) are entered into by and between you and 1-2-3 Wellness (“Company,” “we,” or “us”). The following Terms, together with our Privacy Policy, govern your access to and use of app.123wellness.org and all our affiliated brand websites, resources and mobile applications (the “Website”).
By using our website, application and resources, you agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree with any of these terms, please do not use our platform. Please read these terms carefully to ensure that you understand each provision.
2. Use of the Platform
Our program is designed for educational purposes only. You may use our program only if you are an individual associated with a school or organization that has been authorized by us to access our services. You may not use our program or any of our resources for any illegal or unauthorized purpose.
If you are entering into this Agreement on behalf of a company or other legal entity (including if you are school personnel entering on behalf of your school), you represent that you have the authority to bind such entity to these Terms, in which case the terms "you", "your" or "User" shall refer to such an entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept this Agreement and may not use the Service.
We may enter into relationships with schools and school districts, whereby we agree to provide students and others in or associated with such schools or school districts with access to our services and content (a “School District Agreement“). If your school or school district has entered into a School District Agreement with us (a “Participating School District“), then you are eligible to receive the benefits of these services and content.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
· Making all arrangements necessary for you to have access to the Website.
· Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
3. FERPA Compliance
The Website and our service may be subject to the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g; 34 CFR Part 99). Please note we are committed to protecting the privacy of student educational records. We will only use personalized student information for educational purposes and will not disclose such information without consent except as permitted by law.
In accordance with applicable law), the 1-2-3 Wellnessä program will abide to the following:
a. Student records obtained by 1-2-3 Wellnessä from an educational institution continue to be the property of and under the control of the educational institution. The educational institution retains full ownership rights to the personal information and education records it provides to 1-2-3 Wellnessä. Deidentified and aggregated data continue to be the property of and under the control of the 1-2-3 Wellnessä program. We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user (“Anonymized Data”). We may use such Anonymized Data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.
b. 1-2-3 Wellnessä users may retain possession and control of their own generated content by accessing and controlling their data anytime and choosing whether or not to share data with teachers, counselors and administration at any time using the settings feature.
c. 1-2-3 Wellnessä will not use any personalized information in a student record for any purpose other than those required or specifically permitted by the 1-2-3 Wellnessä Terms of Use and Privacy Policy.
d. Parents, legal guardians, or eligible students may review personally identifiable information in the student’s records and correct or delete erroneous information by contacting their educational institution. Additionally, 1-2-3 Wellnessä users may access, correct, update their profile by signing into the application, accessing their personal account and making the appropriate changes.
e. 1-2-3 Wellnessä is committed to maintaining the security and confidentiality of student records. Towards this end, we take the following actions: (a) we limit employee access to student data to only those employees with a need to such access to fulfill their job responsibilities; (b) we conduct background checks on our employees that may have access to student data; (c) we conduct regular employee privacy and data security training and education; and (e) we protect personal information with technical, contractual, administrative, and physical security safeguards in order to protect against unauthorized access, release or use. (f) to further empower users, the app is set up so that the user can “turn off” data sharing on the application. Please note that it is the organization’s responsibility to communicate with the parents/guardians according to organizational policy, state and federal law (g) we offer the student the ability to decide to share the student’s personal data with teachers, principal and other organizational leaders. Organizational leaders decide which teachers and staff members have access to student data based on the student’s educational needs and it is. 1-2-3 Wellnessä does not make the decisions regarding which organizational staff members have access to student data. Thus, it is the sole responsibility of the organization to decide which parties have access to user data according to individual’s educational needs.
f. In the event of an unauthorized disclosure of a student’s records, 1-2-3 Wellnessä will (1) promptly notify organizational leadership unless specifically directed not to provide such notification by law enforcement officials. Notification shall identify: (i) the date and nature of the unauthorized use or disclosure; (ii) the Private Data used or disclosed; (iii) general description of what occurred including who made the unauthorized use or received the unauthorized disclosure; (iv) what 1-2-3 Wellnessä has done or shall do to mitigate any effect of the unauthorized use or disclosure; (v) what corrective action 1-2-3 Wellnessä has taken or shall take to prevent future similar unauthorized use or disclosure; and (vi) who at what 1-2-3 Wellnessä organizational leadership can contact. 1-2-3 Wellnessä will keep the organizational leadership fully informed until the incident is resolved.
g. 1-2-3 Wellnessä will delete or de-identify personal information when it is no longer needed, upon expiration or termination of our agreement with an educational institution with any deletion or de-identification to be completed according to the terms of our agreement with the educational institution, or at the direction or request of the educational institution. Data which supports aggregate data may not be deleted if it is deemed to help support current or future student’s wellness outcomes.
h. 1-2-3 Wellnessä agrees to work with educational institutions to ensure compliance with FERPA and the Parties will ensure compliance by providing parents, legal guardians or eligible students with the ability to inspect and review student records and to correct any inaccuracies therein as described in statement (4) above. As the party in direct contact with parents, legal guardians and eligible students, it is the school or organization’s responsibility to provide parents and legal guardians with information about the program’s implementation at their school or organization and provide requested information. Thus, parents or guardians can request data from school or organizational leaders according to their organizational policies.
i. 1-2-3 Wellnessä prohibits using personally identifiable information in student records to engage in targeted advertising.
4. Intellectual Property
The Website and all its content, including but not limited to all materials, applications, software, videos and resources are owned by the Company and are protected by copyright, trademark, pending or existing patents and other intellectual property laws. You may not copy, modify, distribute, or sell any of our content, materials, applications, ideas or software without our prior written permission.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
5. Trademarks
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
6. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail," "chain letter," "spam," or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
7. Disclaimer of Warranties
Our program and services are provided on an “as is” and “as available basis. The 1-2-3 Wellness™ program can serve as complementary support for the tremendous work orchestrated by teachers, administrators, mental health providers, community partners and other caring adults inside and in partnership with schools and organizations. The program offers supports which is educational in nature. The program is intended to serve as a part of a larger framework of support orchestrated by schools and organizations. 1-2-3 Wellness™ is not intended to replace other vital supports or to treat or diagnose any illness. The fidelity of the program occur when used in its entirety, complete with ongoing professional development, the full spectrum of resources and in conjunction with the support of your organization’s educational and mental health professionals. All resources and information provided via the program is entirely voluntary. Individual participants are encouraged to use, or not use, different resources according to what supports their unique well-being needs as guided by your school and/or organizational personnel. 1-2-3 Wellness is not responsible for the mental health of its users. Your school or organizations personnel remain 100% responsible for supporting, identifying and responding to all mental health related issues. Please reach out to our staff at any time and please continue to consult educational and mental health professions as part of ongoing efforts to meet student and other stakeholder needs.
To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equiptment, computer programs, data or other proprietary material due to your use of of the website or any services or items obtained through the website or affiliated services or resources including but not limited to your downloading or using any material posted on it or on any website linked to it.
Your use the the website, its content and any services, support, resources or items connected with or obtained through the website is at your own risk. The website and programs, including but not limited ot content and any serives or items obtained through or affiliated with the website are provided on an '“as is'“ and “as available” basis without any warranties of any kind, either expressed or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliatiblity, quality, accuracy, or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
To the fullest extent provided by law, the company hereby disclaims all warranties of any kind, whether expressed or implied, satutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
8. Limitation of Liability
To the fullest extent provided by law, in no event will the company, its affiliates, or their licensors, service providers, owners, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the website, any website linked to, any content on the website or such other websites, any resources related to the program or affiliated programs including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data and wther caused by tort (including negligence), breach of contract, or otherwise, even if forseeable.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
9. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against all claims, liabilities, damages, judgements, awards, losses, expenses or fees (including reasonable attorney’s fees) (referred to collectively as “losses”) of any kind of character arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of our program or services or any information obtained from the Website.
10. Governing Law and Jurisdiction
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall, at first attempt, be discussed by the parties in a civil manner and discussed with an impartial mediator if needed. If necessary, the disputes will be resolved via arbitration.
11. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
12. Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website including but not limited to all affiliated programs, resources, coaching, workshops and apps.
13. Changes to Terms of Service
We reserve the right to modify these Terms of Service at any time without prior notice. Your continued use of our program after any such modification constitutes your acceptance of the modified Terms of Service.
14. Contact Us
If you have any questions or concerns, please feel free to contact the leadership at your school or organization. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@123wellness.org
Thank you for using our program and have a wonderful day!