Date Effective: May, 2023
Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our LimitedLicense to You.
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your Licenseto Us.
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to usvia the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner ofthe material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age orolder. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge andagree that any contributions originally created by you for us shall be deemed a “work made for hire”when the work performed is within the scope of the definition of a work madefor hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shalleong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof andshall have the right to exploit any or all of the results and proceeds in anyand all media, now known or hereafter devised, throughout the universe, inperpetuity, in all languages, as COMPANY determines. In the event that any of the results andproceeds of your submissions hereunder are not deemed a “work made for hire”under Section 101 of the Copyright Act, as amended, you hereby, withoutadditional compensation, irrevocably assign, convey and transfer to COMPANY allproprietary rights, including without limitation, all copyrights and trademarksthroughout the universe, in perpetuity in every medium, whether now known orhereafter devised, to such material and any and all right, title and interestin and to all such proprietary rights in every medium, whether now known orhereafter devised, throughout the universe, in perpetuity. Any posted materialwhich are reproductions of prior works by you shall be co-owned by us.
You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use anddisplay of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing.
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE,INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS,ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action,d amages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Certain sections of the Site mayallow you to purchase many different types of products and services online thatare provided by third parties. We are not responsible for the quality,accuracy, timeliness, reliability or any other aspect of these products andservices. If you make a purchase from a merchant on the Site or on a sitelinked to by the Site, the information obtained during your visit to thatmerchant's online store or site, and the information that you give as part ofthe transaction, such as your credit card number and contact information, maybe collected by both the merchant and us. A merchant may have privacy and datacollection practices that are different from ours. We have no responsibility orliability for these independent policies. In addition, when you purchaseproducts or services on or through the Site, you may be subject to additionalterms and conditions that specifically apply to your purchase or use of suchproducts or services. For more information regarding a merchant, its onlinestore, its privacy policies, and/or any additional terms and conditions thatmay apply, visit that merchant's website and click on its information links orcontact the merchant directly. You release us and our affiliates from anydamages that you incur, and agree not to assert any claims against us or them,arising from your purchase or use of any products or services made available bythird parties through the Site.
Your participation, correspondenceor business dealings with any third party found on or through our Site,regarding payment and delivery of specific goods and services, and any otherterms, conditions, representations or warranties associated with such dealings,are solely between you and such third party. You agree that COMPANY shall notbe responsible or liable for any loss, damage, or other matters of any sortincurred as the result of such dealings.
You agree to be financiallyresponsible for all purchases made by you or someone acting on your behalfthrough the Site. You agree to use the Site and to purchase services orproducts through the Site for legitimate, non-commercial purposes only. Youalso agree not to make any purchases for speculative, false or fraudulentpurposes or for the purpose of anticipating demand for a particular product orservice. You agree to only purchase goods or services for yourself or foranother person for whom you are legally permitted to do so. When making apurchase for a third party that requires you to submit the third party'spersonal information to us or a merchant, you represent that you have obtainedthe express consent of such third party to provide such third party's personalinformation.
This Site may include a variety offeatures, such as bulletin boards, web logs, chat rooms, and email services,which allow feedback to us and real-time interaction between users, and otherfeatures which allow users to communicate with others. Responsibility for whatis posted on bulletin boards, web logs, chat rooms, and other public posting areason the Site, or sent via any email services on the Site, lies with each user -you alone are responsible for the material you post or send. We do not controlthe messages, information or files that you or others may provide through theSite. It is a condition of your use of the Site that you do not:
• Restrict or inhibit any other user from using and enjoying the Site.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
COMPANY may host messageboards, chats and other private/public forums on its Sites and on otherplatforms. Any user failing to comply with the terms and conditions of thisAgreement may be expelled from and refused continued access to, the messageboards, groups, chats or other such forums in the future. COMPANY or itsdesignated agents may remove or alter any user-created content at any time forany reason. Message boards, chats and other public forums are intended to serveas discussion centers for users and subscribers. Information and content postedwithin these public forums may be provided by COMPANY staff, COMPANY's outsidecontributors, or by users not connected with COMPANY, some of whom may employanonymous user names. COMPANY expressly disclaims all responsibility andendorsement and makes no representation as to the validity of any opinion,advice, information or statement made or displayed in these forums by thirdparties, nor are we responsible for any errors or omissions in such postings,or for hyperlinks embedded in any messages. Under no circumstances will we, ouraffiliates, suppliers or agents be liable for any loss or damage caused by yourreliance on information obtained through these forums. The opinions expressedin these forums are solely the opinions of the participants, and do not reflectthe opinions of COMPANY or any of its subsidiaries or affiliates.
COMPANY has noobligation whatsoever to monitor any of the content or postings on the messageboards, chat rooms or other public forums on the Sites. However, youacknowledge and agree that we have the absolute right to monitor the same atour sole discretion. In addition, we reserve the right to alter, edit, refuseto post or remove any postings or content, in whole or in part, for any reasonand to disclose such materials and the circumstances surrounding theirtransmission to any third party in order to satisfy any applicable law,regulation, legal process or governmental request and to protect ourselves, ourclients, sponsors, users and visitors.
To use certain features of theSite, you will need a username and password, which you will receive through theSite's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities(whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOTLIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES ORAFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL ORCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THESITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS,PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADEAVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISEDBEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOTALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVELIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THELIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TOTHE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGEAND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGALCONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS,PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS ANDCONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE ANDTHE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE ISCONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND,IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANYPURPOSE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITEOFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNEDFOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS ASUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, ORTREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULDALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOTDISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOURHEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE.THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHINGSTATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TOBE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE.FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELINGINCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, ORPROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
Any claims made on the Site with respect to dietary supplements, including thosemade with respect to such supplements which are available for sale on the Site,have not been evaluated by the Food and Drug Administration, and is notnecessarily based on scientific evidence from any source. Dietary supplements are not intended totreat, diagnose, cure or prevent medical conditions or disease. You should consult with a healthcare providerbefore beginning any dietary supplement program.
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms ofService, shall survive.
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the"DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S.copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyrightfor details. COMPANY's Copyright Agent for notice shall be email@example.com
This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
If any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from theseTerms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, the Dispute Resolution provision will be unenforceable and the dispute will be decided by a court.