Terms Of Use

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THIS SITE.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE.

These Terms of Use ("Terms of Use" or "Agreement") shall serve as an agreement that sets forth the terms and conditions that will govern your use of and participation in the services and information provided by Wellness Interactive, Inc. (“Wellness Interactive” or “we” or “us”), and resources provided by us and accessed by you (“you” or “user”) on and through the Wellness Interactive website and portal (the "Services"). By electing to utilize the Services, and continue to access information through the website, found at www.wellnessinteractive.com, (the “Site”) and accessing the Wellness Interactive portal maintained through the Site (the “Portal”), you shall have also indicated your acceptance of these Terms of Use and your intent and agreement to be bound by them. If you are unwilling to agree to these Terms of Use, you must discontinue further use of the Services.

Each time you access the Site, these Terms of Use and the Privacy Policy should be reviewed because Wellness Interactive reserves the right to change them from time to time without notice. Your continued use of the Site after such changes have been made constitutes your acceptance of such changes.

1. Ownership of Site Content. All information, content, and data (including, without limitation, designs, text, graphics, pictures, and their format, arrangement and selection) (the “Site Content”) provided by Wellness Interactive and its third party providers are owned by Wellness Interactive and/or its third party providers, with all rights reserved. Wellness Interactive and its third party providers retain all copyright, intellectual property rights and other proprietary rights to the Site Content. The Site Content may not be reproduced, transmitted or distributed without entering into a written agreement with Wellness Interactive or obtaining Wellness Interactive’s express written permission. Any unauthorized use of any materials on the Site may violate copyright, trademark and other laws. You may not republish or distribute in any manner the Site Content on any medium or in any manner and may not incorporate the Site Content or any components of the Site Content into any compilation or any database. The use of any data mining, robots or any type of data gathering or extraction methods on the Site is expressly prohibited.

2. Not Medical Advice Wellness Interactive programs, resources and the materials presented on this Site and through the Portal are for educational/informational purposes only. Medical advice and medical services will not be offered. Any participant in a Wellness Interactive program and any user of the information presented on this Site is deemed to have agreed that any information obtained from Wellness Interactive and/or its third party providers will only be used or relied upon at the user’s own risk. Under no circumstances shall Wellness Interactive be liable to you for any damages or injury arising out of, or related to, your participation in the program or use of the information presented on this Site and through the Portal, including, but not limited to, your use or reliance upon, or your inability to use or rely upon, information provided by the program and presented on this Site.

The Site Content is not intended to be a substitute for professional or nutritional medical advice, diagnosis, or treatment. Always seek the advice of your physician, nutrition counselor, or other qualified health provider with any questions you may have regarding a medical condition, dietary plan, exercise program and other related matters. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

3. No Endorsement. If you think you may have a medical emergency, call your doctor or 911 immediately. Wellness Interactive is a Site that provides access to information and professionals in the health and wellness field; however, Wellness Interactive does not recommend or endorse any specific program, diet, tests, physicians, products, procedures, opinions, or other information that may be mentioned on or accessed through the Site or the Portal. Reliance on any information provided by Wellness Interactive, other vistors to the Site, by professionals that you may seek or contact through the Site or the Portal, whether through the invitiation of Wellness Interactive or otherwise, is solely at your own risk.

4. Security. The security of your personal information is important to us. We follow reasonable standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

5. Privacy Tools; Safe Use of the Site The Site has privacy tools available for your use that allow you to limit the amount of information you share with other users. We encourage you to use these tools. In addition, for safety reasons, do not post any information too detailed about yourself. For safety reasons, do not post information about yourself so detailed that it makes it possible for other users to physically locate you or to gain access to any information about you that you do not want publicly available.

6. Trademarks. Wellness Interactive, the Wellness Lounge, and other Wellness Interactive graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Wellness Interactive in the U.S. and/or other countries. Wellness Interactive’s trademarks and trade dress may not be used in connection with any product or service that is not Wellness Interactive’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wellness Interactive. All other trademarks not owned by Wellness Interactive that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wellness Interactive. The name of the Site and the designs and icons of the Site may not be copied, used or imitated, without the prior written permission of Wellness Interactive.

7. Licenses and Permissions. We grant you a limited license and permission to access and make personal use of the Site but not to download any portion of it for any commercial purpose or to modify any portion of it, except with our written or e-mailed consent. Except as explicitly provided in this Agreement, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of any portion of the Site for any commercial purpose. You may display and occasionally print a single copy of pages of the Site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Site (other than your own submitted content) without our prior written or e-mailed consent.

8. User Content You are solely responsible for all content, including, without limitation, all videos, profiles, photos and messages, that are provided, posted or uploaded on the Site or transmitted to other users by you or through your account. You agree that Wellness Interactive has the right, in its sole discretion, but not the obligation, to delete at any time any content posted, uploaded or transmitted by you without providing any notice to you.

You hereby grant a worldwide, perpetual, transferable, non-exclusive, royalty-free, and irrevocable license to Wellness Interactive (with a right to sublicense) to all content and materials posted or uploaded on the Site or transmitted to other users by you or through your account for use by Wellness Interactive for any purpose in connection with the Site, including, without limitation, the right to publicly display, copy, publicly perform, reform, translate and excerpt, and to use in advertisements and promotions, to create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Wellness Interactive by email.

You agree that you will not upload or transmit any communications or content of any type to any blogs, message boards, through the portal, chat rooms or otherwise (each a “Public Access Area”) that infringe or violate any rights of any party. By submitting communications or content to the Public Access Areas, you agree that such submission is non-confidential for all purposes, and you thereby warrant that you have all necessary licenses, releases, permission and/or rights to submit the ame to Wellness Interactive. Uploading media like images or video of other people without their permission is strictly prohibited

Wellness Interactive reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion

9. Public Access Areas If you use a Public Access Area, such as a chat room, message boards, blogs or Portal, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications, information and/or advice found in the Public Access Areas. Wellness Interactive and its licensors are not responsible for the consequences of any communications in the Public Access Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

Wellness Interactive reserves the right (but is not obligated) to do any or all of the following

i. Record the dialogue in public chat rooms.

ii. Investigate an allegation that a communication(s) do(es) not conform to the terms of this Agreement and determine in its sole discretion to remove or request the removal of the communication(s).

iii. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with this Agreement.

iv. Terminate a user's access to any or all Public Access Areas and/or the Site upon any breach of this Agreement.

v. Monitor, edit, or disclose any communication in the Public Access Areas.

vi. Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

Wellness Interactive or its licensors have no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.

10. User’s Representations, Warranties, and General Conditions of Use. You represent and warrant that all information you provide to Wellness Interactive and/or any other user will be true, accurate and complete. The party entering into this Agreement on behalf of any user represents and warrants that he/she is authorized to do so and to bind the user and is a natural person of at least eighteen (18) years of age. Your further represent and warrant to all of the following:

i. Your use of the Site and the Services is for your personalized, non-commercial use.

ii. All content and materials that you submit or provide or that is submitted or provided through your account shall be accurate, complete and true and you will promptly update and delete such information, content and materials as necessary to keep it current, accurate, complete and true.

iii. The content and materials submitted or provided by you shall not be threatening, inflammatory, harassing, abusive, obscene, racially or ethnically or otherwise objectionable, libelous, defamatory, contain any pornography, involve any type of solicitation for a sweepstakes or in any way violate any applicable United States, international, state or local laws, regulations or orders.

iv. The posting on the Site or providing through use of the Services of the content and materials submitted through your account or provided by you shall not violate any contractual rights of any third party or infringe upon any copyright, trademark, privacy, intellectual property or proprietary rights of any third party.

v. You shall only register for one user account and shall not register on behalf of any other user and all information in your user account shall be accurate and truthful.

vi. You shall not use the Site to post, transmit, distribute or share any advertisements, solicitations, promotions, “junk mail,” “spam”, “pyramid schemes”, “chain letters” or similar materials or communications.

vii. You shall not solicit or attempt to obtain in any manner any personal information from anyone under 18 years old.

viii. You shall not make publicly available or distribute to any third party any personally identifiable or credit information about any user of the Site or the Services, including, without limitation, addresses, phone numbers, e-mail addresses, credit card numbers and social security numbers.

ix. You shall not impair, disable or otherwise adversely affect the Site or the Services or the functionality or operation of the Site or the Services, including, posting or uploading any materials that contain viruses, code, files or programs. You shall not use any spiders, automated programs, scripts, robots or any similar devices that either obtain information from the Site or affect the Services.

x. You shall not harvest or otherwise collect information about users, including email addresses, without their express consent.

11. Errors and Delays. When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Wellness Interactive and its suppliers. Accordingly, Wellness Interactive assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. Wellness Interactive is not responsible for any errors or delays beyond our reasonable control.

12. No Reliance. The use of the Site and the Content is at your own risk.

Without limiting the foregoing, Wellness Interactive, its licensors, and its suppliers make no representations or warranties about the following:

i. The accurancy, reliability, completeness, currentness, or timeliness of the Site Content, software, text, graphics, links, or communications provided on or through the use of the Site, the Portal or the Services.

ii. The satisfaction of any government regulations requring disclosure of information on products or the approval or compliance of any software tools with regard to the Site Content contained on the Site.

13. Disclaimers of Warranties. ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE. THE SITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTY THAT ANY PRODUCT IS FIT FOR HUMAN CONSUMPTION, NOR DO WE WARRANT THAT THE SITE CONTENT DOES NOT INFRINGE ON ANY THIRD PARTY’S RIGHTS. WE DO NOT WARRANT THAT THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

14. Limitation on Damages. Wellness Interactive, its licensors, its suppliers, or any third parties mentioned on the Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100. Wellness Interactive, its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Site Content, the Portal or any other Public Access Areas. Any claims arising in connection with your use of the Site, any Content, Portal or any other Public Access Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE SERVICES PROVIDED BY WELLNESS INTERACTIVE, THE USE OF THE SITE, THE INABILITY TO USE THE SITE OR OTHERWISE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

15. Indemnity. You agree to indemnify and hold harmless Wellness Interactive , its affiliates, officers, directors, employees, licensors and third party providers (individually and collectively, the “Indemnified Parties”) from and against any and all liabilities, damages, costs, losses, claims, demands and expenses (including reasonable attorney’s fees) that the Indemnified Parties may incur arising out of or relating to (i) the breach of any of the user representation and warranties contained in this Agreement, (ii) any information, material or content posted, provided or uploaded on the Site or the Services by you or through your account or (iii) any use of the Site or the Services by you or through use of your account. You agree that you will be responsible for any damages resulting from any violation of this Agreement.

16. Governing law; Jurisdiction; Waiver of Jury Trial. By visiting the Site and using the Services, you agree that the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Wellness Interactive. Any dispute relating in any way to your visit to the Site or to the Services shall be adjudicated in any state or federal court in Essex County, New Jersey, and you consent to exclusive jurisdiction and venue in such courts. YOU EXPRESSLY AGREE HEREBY, TO THE FULLEST EXTENT PERMITTED BY LAW TO WAIVE THE RIGHT TO A TRIAL BY JURY.

17. Site Policies, Modification, and Severability. The terms of this Agreement and the other policies posted on this Site govern your use of the Services and your use of the Site. We reserve the right to make changes to our site, policies, and this Agreement at any time. You agree that you are responsible to review this Agreement and these Terms of Use from time to time. Once posted herein and on the Site, revised terms become effective 24 hours after posting. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

18. Headings; No Waiver. Headings are for reference purposes only and do not limit the scope or extent of each section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

19. Entire Agreement. This Agreement constitutes the entire agreement between you and Wellness Interactive and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Wellness Interactive with respect to this Site and information, materials, products and services associated with it.

20. Survival. The following Sections shall survive the expiration or termination of this Agreement for any reason whatsoever: Ownership (Section 1), Trademarks (Section 6), User Content (Section 8), User’s Representations (Section 10), Disclaimer of Warranties (Section 13), Limitation on Damages (Section 14), Indemnity (Section 15), Governing Law (Section 16), Entire Agreement (Section 19) and Survival (this Section 20).

21. U.S. Users. Wellness Interactive makes no claims that Wellness Interactive or any of the sites to which the Site Links, including without limitation the portals, within the Site and the Site Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction