These Terms and Conditions of Use ("Terms") are a legal contract betweenNCNB ENTERPRISES LLC
(collectively, "us" or "we"), and you, the user accessing or using this web site.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. THESE TERMS DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES IN CONJUNCTION WITH YOUR USAGE OF THE SITE. BY ACCESSING ANY PORTIONS OF THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS JUST AS IF YOU HAD SIGNED THEM. YOU ARE ALSO SUBJECT TO ANY ADDITIONAL TERMS IN ANY INFORMATION, MATERIAL OR SERVICES YOU ACCESS FROM THE SITE. ALL SUCH ADDITIONAL TERMS ARE INCORPORATED BY REFERENCE INTO THESE TERMS. WE MAY MODIFY THESE TERMS AT ANY TIME WITHOUT NOTICE TO YOU, AND SUCH MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS. PLEASE REVIEW THESE TERMS EACH TIME YOU USE THE SITE.
By using this Site, you agree to be bound by these Terms, and your continued use of this Site following any modification to the Terms, means you accept and agree to be bound by such modifications. If you do not agree to all of these Terms of use, you are not permitted to use this Site.
1. USE OF THE SITE AND CONTENT
The contents of the Site such as text, graphics, images, audio, videos, Submissions (as defined below), works of authorship and other material contained on the Site ("Content") are for informational purposes only. You may view or download a single copy of the Content on the Site solely for your personal, noncommercial use if you retain all copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other Content accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference. Hypertext linking to this Site is permitted by you. However, we may disable any such link at our sole discretion. Framing or any other use of this Site that serves to affect the identity of this Site or the source of the Content is prohibited. This first paragraph of Section 1 is collectively "Authorized Use(s)."
Content and features are subject to change or termination without notice at our sole discretion. All rights not expressly specified in the Authorized Uses are reserved to us and our licensors. If you violate any of these Terms, your permission to use the Site and to access the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
You may not use the Site or Content to: (i) perform any activity which is or may be, directly or indirectly, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable or interfering with the performance of the Site; (ii) perform any activity which will or may breach a third party right; (iii) engage in public or commercial activities, including but not limited to offering for sale any products or services, soliciting for advertisers or sponsors or selling, licensing or granting public access to any information offered on the Site; (iv) copy, publish, broadcast, modify, distribute or transmit the Content not otherwise authorized in these Terms; (v) conduct any other act or omission not expressly authorized or required by these Terms ("Prohibited Use(s)" ). You shall not use the Site to gain any unauthorized access to, or conduct any Prohibited Use on, any other software, equipment, system or network.
2. THIRD PARTIES
When using the Site, the Content will be transmitted over a medium that may be beyond the control and jurisdiction of us and our affiliates. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any Content transmitted in connection with use of the Site.
We may provide links to third-party web sites ("Third Party Sites") and may from time to time provide third party material ("Third Party Materials") on the Site. We also may select certain sites as priority responses to search terms you enter and we may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. These Third Party Sites and Third Party Materials are only provided as a convenience to you. The inclusion of any Third Party Materials or links to Third Party Sites is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any such information or site. The terms and conditions of such sites are likely to be different from these Terms. We do not recommend and do not endorse the Third Party Sites or Third Party Materials. We are not responsible for Third Party Sites or Third Party Materials, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any product advertised on the Site.
3. ADULT AND TEEN USAGE
The Site shall be used only by persons who are at least 18 years old. If you are younger than 18 years old, you may not access the Site. If you are a parent or other person charged with the care of persons younger than 18 years old, you agree to restrict access to the Site through your computers to persons who are at least 18 years old. If one of your children accesses the Site and provides us with personally identifiable information, promptly contact us in writing whereby we will use reasonable efforts to delete all personally identifiable information regarding such minor from its databases.
4. DISCLAIMERS AND WARNINGS
4.1 THE SITE MAKES NO GUARANTEE OF VALIDITY
Be advised that although the Content has been written and/or reviewed by healthcare professionals, the Content may not be completely accurate. Although you may find valuable and accurate Content on the Site, we do not guarantee the accuracy or validity of the Content, and the Content is not peer reviewed. If you need specific medical advice, visit your healthcare professional.
Access to or viewing of certain Content could be in violation of the laws of the country or jurisdiction from where you are viewing such information. The Site is operated on servers in the United States of America, and is maintained under the protections of local, state and federal law. Laws in your country or jurisdiction may not protect or allow the same kinds of publication, downloading, speech or distribution. We do not encourage the violation of any laws; and is not responsible for any violations of such laws arising from your use of the Site.
We make no representation or warranty as to the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.
4.2 THE SITE DOES NOT PROVIDE MEDICAL ADVICE
The contents of our Site, such as text, graphics, images, information obtained from our licensors, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on our Site!
If you think you may have a medical emergency, call your Health Expert or 911 immediately.
We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our employees, others appearing on the Site at our invitation, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
4.3 USE THE SITE AT YOUR OWN RISK
Any reliance or use of the Site or the Content is solely at your own risk.
INFORMATION PROVIDED THROUGH THIS SERVICE MAY NOT BE APPROPRIATE FOR YOU.
You should take all steps necessary for you to ascertain that any Content is correct. Check all references in each article and double-check all Content with independent sources.
The Site is not sufficient to inform you about adequate safety precautions.
4.4 DISCLAIMER OF WARRANTIES
The Site and Content are provided on an "as is" basis. WE, OUR LICENSORS, AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING THE SITE AND THE CONTENT, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THIS SECTION REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN US AND YOU.
Without limiting the foregoing, we, our licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content or communications provided on or through the use of the Site.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.
4.5 TERMS OF SALE
Membership includes full access to the Site, including information from our Health and Fitness Specialist, personalized health coaching; and self-care information for health conditions from A-Z. Full membership and access to the Site and all Content is available to you as a subscriber for a cost of only $39.95 for the first 15 days, and every 15 days thereafter you will be charged $39.95. You may cancel at any time. The subscription cost of $39.95 will be automatically charged to your credit card every 15 days for your convenience unless you cancel by simply calling toll-free 1-855-619-3100 or emailing us at : support@myhealthandfitnesscoaches.com. Promotional offers may vary. You may not redeem more than one promotional offer. We may, in our sole discretion, amend the monthly subscription fee at any time and such change will be effective immediately; provided, however, that if we increase the monthly subscription fee, all existing subscribers will receive prior electronic notification and will be given the opportunity to electronically accept such newly established subscription amount for continued access to the Site, services and Content. Failure to electronically accept the increased subscription fee may, in our sole discretion, result in the discontinuation of your access to the Site and the Content.
4.6 REFUND POLICY
Upon request, we will refund in full any purchase made within the previous 90 days. Simply call 1-855-619-3100 between 10:00am – 8:00pm Eastern, Monday through Friday.
5. LIMITATION OF LIABILITY
In no event shall we or our contributors, administrators, officers, directors, members, managers, agents, employees, licensors, suppliers or any third parties mentioned on the Site be liable for any damages (including, without limitation, direct, indirect, special, punitive, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) arising out of or relating to the Site and Content or resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, strict liability, or any other legal theory, and whether or not we are advised of the possibility of such damages. To the extent that the foregoing limitations are found to be invalid in any way, the maximum aggregate liability to you of the Parties shall not exceed the fees (if any) paid by you for the particular Content or portion of the Site that is the subject of the claim. We are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. You hereby waive and release us from any and all claims arising in connection with the Site or the Content that are not brought within such period. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
6. INDEMNITY
You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, all damages, judgments, fines, costs, and expenses (including reasonable legal and accounting fees), resulting from, or alleged to result from, (i) your violation of these Terms, (ii) your access of the Site, (iii) from your use of the Content, or (iv) any Submissions or Suggestions (each as defined below) submitted by you.
7. TERMINATION AND REMEDIES
If you breach these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any copies of Content in your possession. We may seek any available legal remedy or take any reasonable business steps to prevent the unauthorized use of, or access to, the Site, and to prevent your access to the Site. You agree that we would be irreparably harmed if you breach this provision and that monetary damages would be inadequate to remedy such breach. Accordingly, you also agree that, in the event of such a breach, we shall be entitled to seek and obtain specific and injunctive or other equitable relief as the appropriate remedy for such a breach. Failure by you to abide by these Terms may result in us referring you to appropriate law enforcement authorities and/or securities regulators.
8. INTELLECTUAL PROPERTY
8.1 GENERAL
Subject to your compliance with these Terms, we grant you the limited license to access, view, print a single paper copy and save a single electronic copy of the Content solely for your personal, non-commercial use. We may revoke such privilege at any time with or without notice for any reason or no reason. In the event you become aware that any other party or entity requires or is interested in the Content, you shall advise such individuals to contact us in order to obtain access to such Content. The Content is protected by intellectual property rights under both United States and foreign laws as further described below. As between the you and us, ownership of the Content remains with us or our affiliates or licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate intellectual property laws and/or our intellectual property rights or those of our affiliates or licensors. You may not delete or change any proprietary, copyright or trademark notices from any Content.
8.2 COPYRIGHTS
All Content and other works on the Site and any reproductions of any of the foregoing are the copyrighted works of us and/or our affiliates or licensors, and are protected under U.S. and worldwide laws and treaty provisions. Other than the limited grant of access to, viewing, printing and saving of the Content as set forth above, we grant you no other privileges or rights in any of the Content. You acknowledge that any other use of the Site or Content, including without limitation, framing, reproduction, modification, distribution, transmission, republication, display or performance, without the prior written permission of us and/or our affiliates or licensors, is strictly prohibited.
8.3 TRADEMARKS
All page headers, custom graphics, logos, button icons and other distinctive words, names, signs, symbols, expressions, sounds, images, colors, themes and packaging on the Site are the trademarks, service marks, trade dress, collective marks, design rights, personality rights or similar rights ("Marks") the property of their respective owners. Their use does not imply that you may use them for any other purpose other than for the same or a similar informational use as contemplated by these Terms. Your use of any such or similar incorporeal property is at your own risk.
You shall not display, use or reproduce any of the Marks in any manner without prior written consent from us. Without limiting the generality of the foregoing, we specifically prohibit the use of any Mark in conjunction with a link to any web site unless we approve the establishment of such a link in advance in writing. Failure to obtain such approval shall entitle us to seek an injunction enjoining such use.
9. POLICY
Any personal information that you submit to us is governed by our Privacy Policy. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern.
10. ENHANCEMENT SUGGESTIONS
If you have any suggestions, ideas, concepts, improvements, or other enhancements with respect to the Site (collectively, "Suggestions") that you submit via email or otherwise through the Site, such Suggestions are non-confidential for all purposes and shall be deemed a grant of permission by you for us to adopt and use such Suggestions without additional consideration. If you wish to keep any Suggestions private or proprietary, do not submit them to this Site via email or otherwise through the Site. To keep any such Suggestions private or proprietary to you, you must separately contact us, and if we desire to do so, enter into appropriate written agreements with us regarding such Suggestions.
11. USER SUBMISSIONS
The Site permits you to submit or upload text, files, graphics, images, audio, photos, videos, works of authorship, Suggestions and other content or materials (collectively, Submissions). If you make any such Submissions, you agree that you will not send or transmit to us any Submission that infringes or violates any rights of any party, including, without limitation, any privacy rights, publicity rights, contract rights, intellectual property rights or other rights of any third party.
With respect to all Submissions you elect to submit to or post on the Site or otherwise direct to us, you represent and warrant to us that you own or have obtained all required rights to such Submissions and hereby grant to us a royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, perform, sublicense and display such Submissions (in whole or part) and/or to incorporate such Submissions in other works in any form, media or technology now known or later developed, and to sublicense such rights to third parties. In addition to any other restrictions set forth in these Terms, you are strictly prohibited from submitting to us or the Site any Submission that: (i) is unlawful, obscene, pornographic, defamatory, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity or otherwise in our reasonable judgment, exposes us to unreasonable risk of legal liability as determined by us in our sole discretion; (ii) is intended to abuse or to violate our property rights of or those of others, including, without limitation, Submissions that upload or otherwise result in the distribution of viruses, worms, time bombs, Trojan horses, or other destructive activities; (iii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing criminal activity, export control, unfair competition, unfair or deceptive trade practices, false advertising, consumer protection, or obscenity); or (iv) contains personal information (e.g., name, telephone number, address, social security number, credit card numbers, etc.) or photos, videos or likenesses of any other person besides you without the explicit written approval of such person to submit such materials to us or the Site.
12. NOTICE AND TAKEDOWN PROCEDURES
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by providing us with the following information at the address below:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to this Site is as follows:
support@
MyHealthandFitnessCoaches.com
13. MISCELLANEOUS
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Sections 4 (Disclaimers and Warnings), 5 (Limitation of Liability), 6 (Indemnity), 7 (Termination and Remedies), 8 (Intellectual Property), 10 (Enhancement Suggestions), 11 (User Submissions), and 13 (Miscellaneous). You expressly agree that exclusive jurisdiction for any dispute with us, or in any way relating to your use of the Site, resides in the courts of the State of Texas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas in connection with any such dispute including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid, illegal or otherwise unenforceable by any court having competent jurisdiction, the invalidity, illegality or unenforceability of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, but such invalid, illegal or unenforceable term shall be ddemed modified to the extent necissary in the court's opinion to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the original intentions and agreements of the parties herein set forth. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Except as expressly provided in a particular "legal notice" on the Site, these Terms and the Privacy Policy constitute the entire agreement between you and us with respect to the use of the Site and Content and supersede any and all other agreements, representations and understandings, whether written or oral. These Terms may not be modified or amended by you without prior written consent from us. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms. If you have any questions about this Site or these Terms, please contact us at: support@
MyHealthandFitnessCoaches.com.
This policy was last updated on May 14, 2014.
We may provide links to third-party web sites ("Third Party Sites") and may from time to time provide third party material ("Third Party Materials") on the Site. We also may select certain sites as priority responses to search terms you enter and we may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. These Third Party Sites and Third Party Materials are only provided as a convenience to you. The inclusion of any Third Party Materials or links to Third Party Sites is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any such information or site. The terms and conditions of such sites are likely to be different from these Terms. We do not recommend and do not endorse the Third Party Sites or Third Party Materials. We are not responsible for Third Party Sites or Third Party Materials, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any product advertised on the Site.
3. ADULT AND TEEN USAGE
The Site shall be used only by persons who are at least 18 years old. If you are younger than 18 years old, you may not access the Site. If you are a parent or other person charged with the care of persons younger than 18 years old, you agree to restrict access to the Site through your computers to persons who are at least 18 years old. If one of your children accesses the Site and provides us with personally identifiable information, promptly contact us in writing whereby we will use reasonable efforts to delete all personally identifiable information regarding such minor from its databases.
4. DISCLAIMERS AND WARNINGS
4.1 THE SITE MAKES NO GUARANTEE OF VALIDITY
Be advised that although the Content has been written and/or reviewed by healthcare professionals, the Content may not be completely accurate. Although you may find valuable and accurate Content on the Site, we do not guarantee the accuracy or validity of the Content, and the Content is not peer reviewed. If you need specific medical advice, visit your healthcare professional.
Access to or viewing of certain Content could be in violation of the laws of the country or jurisdiction from where you are viewing such information. The Site is operated on servers in the United States of America, and is maintained under the protections of local, state and federal law. Laws in your country or jurisdiction may not protect or allow the same kinds of publication, downloading, speech or distribution. We do not encourage the violation of any laws; and is not responsible for any violations of such laws arising from your use of the Site.
We make no representation or warranty as to the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.
4.2 THE SITE DOES NOT PROVIDE MEDICAL ADVICE
The contents of our Site, such as text, graphics, images, information obtained from our licensors, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on our Site!
If you think you may have a medical emergency, call your Health Expert or 911 immediately.
We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our employees, others appearing on the Site at our invitation, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
4.3 USE THE SITE AT YOUR OWN RISK
Any reliance or use of the Site or the Content is solely at your own risk.
INFORMATION PROVIDED THROUGH THIS SERVICE MAY NOT BE APPROPRIATE FOR YOU.
You should take all steps necessary for you to ascertain that any Content is correct. Check all references in each article and double-check all Content with independent sources.
The Site is not sufficient to inform you about adequate safety precautions.
4.4 DISCLAIMER OF WARRANTIES
The Site and Content are provided on an "as is" basis. WE, OUR LICENSORS, AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING THE SITE AND THE CONTENT, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THIS SECTION REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN US AND YOU.
Without limiting the foregoing, we, our licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content or communications provided on or through the use of the Site.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.
4.5 TERMS OF SALE
Membership includes full access to the Site, including information from our Health and Fitness Specialist, personalized health coaching; and self-care information for health conditions from A-Z. Full membership and access to the Site and all Content is available to you as a subscriber for a cost of only $39.95 for the first 15 days, and every 15 days thereafter you will be charged $39.95. You may cancel at any time. The subscription cost of $39.95 will be automatically charged to your credit card every 15 days for your convenience unless you cancel by simply calling toll-free 1-855-619-3100 or emailing us at : support@myhealthandfitnesscoaches.com. Promotional offers may vary. You may not redeem more than one promotional offer. We may, in our sole discretion, amend the monthly subscription fee at any time and such change will be effective immediately; provided, however, that if we increase the monthly subscription fee, all existing subscribers will receive prior electronic notification and will be given the opportunity to electronically accept such newly established subscription amount for continued access to the Site, services and Content. Failure to electronically accept the increased subscription fee may, in our sole discretion, result in the discontinuation of your access to the Site and the Content.
4.6 REFUND POLICY
Upon request, we will refund in full any purchase made within the previous 90 days. Simply call 1-855-619-3100 between 10:00am – 8:00pm Eastern, Monday through Friday.
5. LIMITATION OF LIABILITY
In no event shall we or our contributors, administrators, officers, directors, members, managers, agents, employees, licensors, suppliers or any third parties mentioned on the Site be liable for any damages (including, without limitation, direct, indirect, special, punitive, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) arising out of or relating to the Site and Content or resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, strict liability, or any other legal theory, and whether or not we are advised of the possibility of such damages. To the extent that the foregoing limitations are found to be invalid in any way, the maximum aggregate liability to you of the Parties shall not exceed the fees (if any) paid by you for the particular Content or portion of the Site that is the subject of the claim. We are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. You hereby waive and release us from any and all claims arising in connection with the Site or the Content that are not brought within such period. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
6. INDEMNITY
You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, all damages, judgments, fines, costs, and expenses (including reasonable legal and accounting fees), resulting from, or alleged to result from, (i) your violation of these Terms, (ii) your access of the Site, (iii) from your use of the Content, or (iv) any Submissions or Suggestions (each as defined below) submitted by you.
7. TERMINATION AND REMEDIES
If you breach these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any copies of Content in your possession. We may seek any available legal remedy or take any reasonable business steps to prevent the unauthorized use of, or access to, the Site, and to prevent your access to the Site. You agree that we would be irreparably harmed if you breach this provision and that monetary damages would be inadequate to remedy such breach. Accordingly, you also agree that, in the event of such a breach, we shall be entitled to seek and obtain specific and injunctive or other equitable relief as the appropriate remedy for such a breach. Failure by you to abide by these Terms may result in us referring you to appropriate law enforcement authorities and/or securities regulators.
8. INTELLECTUAL PROPERTY
8.1 GENERAL
Subject to your compliance with these Terms, we grant you the limited license to access, view, print a single paper copy and save a single electronic copy of the Content solely for your personal, non-commercial use. We may revoke such privilege at any time with or without notice for any reason or no reason. In the event you become aware that any other party or entity requires or is interested in the Content, you shall advise such individuals to contact us in order to obtain access to such Content. The Content is protected by intellectual property rights under both United States and foreign laws as further described below. As between the you and us, ownership of the Content remains with us or our affiliates or licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate intellectual property laws and/or our intellectual property rights or those of our affiliates or licensors. You may not delete or change any proprietary, copyright or trademark notices from any Content.
8.2 COPYRIGHTS
All Content and other works on the Site and any reproductions of any of the foregoing are the copyrighted works of us and/or our affiliates or licensors, and are protected under U.S. and worldwide laws and treaty provisions. Other than the limited grant of access to, viewing, printing and saving of the Content as set forth above, we grant you no other privileges or rights in any of the Content. You acknowledge that any other use of the Site or Content, including without limitation, framing, reproduction, modification, distribution, transmission, republication, display or performance, without the prior written permission of us and/or our affiliates or licensors, is strictly prohibited.
8.3 TRADEMARKS
All page headers, custom graphics, logos, button icons and other distinctive words, names, signs, symbols, expressions, sounds, images, colors, themes and packaging on the Site are the trademarks, service marks, trade dress, collective marks, design rights, personality rights or similar rights ("Marks") the property of their respective owners. Their use does not imply that you may use them for any other purpose other than for the same or a similar informational use as contemplated by these Terms. Your use of any such or similar incorporeal property is at your own risk.
You shall not display, use or reproduce any of the Marks in any manner without prior written consent from us. Without limiting the generality of the foregoing, we specifically prohibit the use of any Mark in conjunction with a link to any web site unless we approve the establishment of such a link in advance in writing. Failure to obtain such approval shall entitle us to seek an injunction enjoining such use.
9. POLICY
Any personal information that you submit to us is governed by our Privacy Policy. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern.
10. ENHANCEMENT SUGGESTIONS
If you have any suggestions, ideas, concepts, improvements, or other enhancements with respect to the Site (collectively, "Suggestions") that you submit via email or otherwise through the Site, such Suggestions are non-confidential for all purposes and shall be deemed a grant of permission by you for us to adopt and use such Suggestions without additional consideration. If you wish to keep any Suggestions private or proprietary, do not submit them to this Site via email or otherwise through the Site. To keep any such Suggestions private or proprietary to you, you must separately contact us, and if we desire to do so, enter into appropriate written agreements with us regarding such Suggestions.
11. USER SUBMISSIONS
The Site permits you to submit or upload text, files, graphics, images, audio, photos, videos, works of authorship, Suggestions and other content or materials (collectively, Submissions). If you make any such Submissions, you agree that you will not send or transmit to us any Submission that infringes or violates any rights of any party, including, without limitation, any privacy rights, publicity rights, contract rights, intellectual property rights or other rights of any third party.
With respect to all Submissions you elect to submit to or post on the Site or otherwise direct to us, you represent and warrant to us that you own or have obtained all required rights to such Submissions and hereby grant to us a royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, perform, sublicense and display such Submissions (in whole or part) and/or to incorporate such Submissions in other works in any form, media or technology now known or later developed, and to sublicense such rights to third parties. In addition to any other restrictions set forth in these Terms, you are strictly prohibited from submitting to us or the Site any Submission that: (i) is unlawful, obscene, pornographic, defamatory, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity or otherwise in our reasonable judgment, exposes us to unreasonable risk of legal liability as determined by us in our sole discretion; (ii) is intended to abuse or to violate our property rights of or those of others, including, without limitation, Submissions that upload or otherwise result in the distribution of viruses, worms, time bombs, Trojan horses, or other destructive activities; (iii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing criminal activity, export control, unfair competition, unfair or deceptive trade practices, false advertising, consumer protection, or obscenity); or (iv) contains personal information (e.g., name, telephone number, address, social security number, credit card numbers, etc.) or photos, videos or likenesses of any other person besides you without the explicit written approval of such person to submit such materials to us or the Site.
12. NOTICE AND TAKEDOWN PROCEDURES
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by providing us with the following information at the address below:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to this Site is as follows:
support@
MyHealthandFitnessCoaches.com
13. MISCELLANEOUS
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Sections 4 (Disclaimers and Warnings), 5 (Limitation of Liability), 6 (Indemnity), 7 (Termination and Remedies), 8 (Intellectual Property), 10 (Enhancement Suggestions), 11 (User Submissions), and 13 (Miscellaneous). You expressly agree that exclusive jurisdiction for any dispute with us, or in any way relating to your use of the Site, resides in the courts of the State of Texas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas in connection with any such dispute including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid, illegal or otherwise unenforceable by any court having competent jurisdiction, the invalidity, illegality or unenforceability of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, but such invalid, illegal or unenforceable term shall be ddemed modified to the extent necissary in the court's opinion to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the original intentions and agreements of the parties herein set forth. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Except as expressly provided in a particular "legal notice" on the Site, these Terms and the Privacy Policy constitute the entire agreement between you and us with respect to the use of the Site and Content and supersede any and all other agreements, representations and understandings, whether written or oral. These Terms may not be modified or amended by you without prior written consent from us. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms. If you have any questions about this Site or these Terms, please contact us at: support@
MyHealthandFitnessCoaches.com.
This policy was last updated on May 14, 2014.
Without limiting the foregoing, we, our licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content or communications provided on or through the use of the Site.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.