Terms of use


TERMS OF USE

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 the www.wellnessinteractive.net web site (the “Site”) offered by Wellness Interactive, Inc. ("Wellness Interactive," "we," "us" or "our").

By accessing the Site, you hereby confirm your acceptance of these Terms of Use and your intent and agreement to be bound by them. This Agreement is intended to be fully effective and binding on you and on us. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE. IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE THE CONSENT OF A PARENT OR GUARDIAN BEFORE YOU PROCEED TO USE THIS SITE.

Security.

The security of your personal information and that of your designated recipient(s) 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. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. For more information on how we protect and use your personal information, see our privacy policy.

Copyrights and Trademarks.

© 2014 Wellness Interactive, Inc. ALL RIGHTS RESERVED. Text, images, graphics and HTML code are protected by U.S. and international copyright laws.

WELLNESS INTERACTIVE, SOMETHING HEALTHY, and all trademarks, service marks, logos, trade dress and trade names (collectively the "Marks"), including but not limited to those Marks displayed or used on the Site, whether or not in large print or with the trademark symbol, are registered or common law trade marks of Wellness Interactive, and are protected under federal and international trademark laws. Nothing contained on the Site or in this Agreement grants you any right to use, misuse, copy, reproduce, download, transmit, modify or distribute any of the Marks without the prior written permission of Wellness Interactive or that of the respective owner(s). Wellness Interactive reserves the right to protect its Marks to the fullest extent of the law if prior written permission is not obtained. Nothing contained in the Site or this Agreement grants any right to use any of the Marks without our prior written permission or that of the respective owner(s).

Moreover, our Marks may not be used in connection with any product or service, or in any of your postings or submission on or to our Site in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks, service marks, logos, trade dress and trade names not owned by us that appear on this site are the property of their respective owner(s), who may or may not be affiliated with, connected to, or sponsored by us.

Infringing Material

If you believe that any content or materials on the Site infringes upon any copyright that you own or control, you shall provide written notice to the Designated Agent set forth below:

  • Peter E. Nussbaum, Esq.
  • Wolff & Samson PC
  • One Boland Drive
  • West Orange, NJ 07052
  • Tel: 973-530-2025
  • Fax: 973-530-2225
  • E-mail: pnussbaum@wolffsamson.com

The Digital Millennium Copyright Act requires that such notification must be in writing and include all of the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the material that is claimed to have been infringed or, if multiple copyrighted works of a single online site are covered by a single notification, a representative list of such works on the Site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Wellness Interactive to locate the material.
  4. Information reasonably sufficient to permit Wellness Interactive to contact the complaining party, such as an address, telephone number and if, available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.

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 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 without our prior written or e-mailed consent, which may be withheld in our sole discretion.

Third Party Content on the Site.

We distribute certain content supplied by third parties (“Third Party Content”) on the Site, including without limitation descriptions of services, goods provided to us by third party Providers, Merchants, Sponsors and Licensors, as well as content provided by users of the Site. We do not have editorial control over such Third Party Content. Any opinions, advice, statements, goods, services, offers, or other information that constitutes part of the Third Party Content expressed or made available by third parties, including Providers, Merchants, Sponsors, Licensors, and other Site users are those of the respective authors or distributors and not of ours or our affiliates or any of our respective officers, directors, employees, or agents. NEITHER WE NOR OUR ASSOCIATES, NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY THIRD PARTY, INCLUDING ANY PROVIDER, MERCHANT, SPONSOR, LICENSOR, OR ANY OTHER USER OF THE SITE, GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT.

In many instances, the Third Party Content available through the Site represents the opinions and judgments of the respective Provider, Merchant, Sponsor, Licensor or other Site user, whether or not under contract with us. We neither endorse nor are we responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Site by anyone other than one of our authorized personnel or employees. Under no circumstances shall we, or our Associates, or any of our respective officers, directors, employees, or agents, be liable for any loss or damage caused by your reliance on any Third Party Content or other information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other Third Party Content available through the Site.

User Submissions.

We do not claim ownership of any content that you submit to Wellness Interactive in any manner and through any means whatsoever. However, with respect to all such content, including, without limitation, creative ideas, suggestions, content, postings, whether in video format, photographs, written work, artwork, material or other submissions whether or not to be posted on the Site as content to be made available to other Site users, and regardless of your manner of submission, whether through the Site, via email, your mobile device, regular mail, feedback or otherwise (collectively, "User Submissions"), you grant to us and our Associates the worldwide, perpetual, royalty-free, irrevocable, non-exclusive right to use, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate, sublicense, distribute, create derivative works from and exploit such User Submissions in any manner, including on the Site or any other web sites, in television programs, on radio, in books, magazines, articles, commentaries, and in any other medium now known or later developed without your consent. You also warrant that you own or otherwise control all of the rights to any User Submissions you submit or otherwise transmit to us and that our public posting and other public or private use of such User Submissions will not infringe the rights of any third party. You acknowledge that you are not entitled now, or in the future, to any compensation for any User Submissions you may submit and you waive the benefits of any provisions of law known as "droit moral" (moral rights) or any similar laws.

No User Submissions, regardless of how they may be marked, will be received by us in confidence, nor shall they be subject to any express or implied obligation of confidentially. Neither we, nor our Associates, nor our respective officers, directors, agents or employees shall be liable for any use or disclosure of any User Submissions

You and your heirs, designated recipients, successors and assigns hereby waive any and all rights and remedies you may have against us, or our Associates, or any of our respective officers, directors, employees, or agents now or in the future, and hereby release us, our Affiliates, and any of our respective officers, directors, agents and employees from any and all claims, demands, actions, causes of action, damages, obligations, losses and expenses of whatever kind, (collectively "Claims") relating to providing or transmitting the User Submissions to us, or our receiving, evaluating, and utilizing the User Submissions. You further agree to indemnify and hold harmless us, our Associates, and any of our respective officers, directors, agents and employees from and against any and all Claims, including, without limitation, Claims that any User Submissions misappropriate or infringe upon the rights of any third party, and reasonable attorneys' fees and expenses, which result or arise from, or are based on, the receipt, evaluation or use of User Submissions by us, our Affiliates or our third party licensees.

In addition, we may, in our sole discretion, at any time and without prior notice to you, suspend or terminate the right of any user to use any portion of the Site, who violates any of the terms of this Agreement, any of the rules, regulations or guidelines or for any other behaviour that we in our sole discretion believe is inappropriate.

We may review user content before it is posted on the Site. However, in review such content, including your content, we expressly disclaim any liability for such content; and we do not guarantee that we review all user content before it is posted to the Site.

Wellness Interactive’s Rights

We may disclose any of your submissions, records, or electronic communications of any kind and any information you provide to us or our Associates, through the Site or otherwise (i) when we believe disclosure to be appropriate to comply with any law, regulation, or government or law enforcement request or to comply with judicial process; (ii) if such disclosure is necessary or appropriate to operate the Site; (iii) to detect, prevent or otherwise address fraud, security or technical issues, or (iv) to protect our rights or property, other users of the Site, and our Associates. For more information on how we protect and use your personal information in connection with the Site, please see our privacy policy here.

Compliance with Laws and Export Regulations.

You agree to use the Site in compliance with all applicable laws, rules and regulations and in a manner that does not, in our sole judgment, negatively reflect on the goodwill or reputation of us or any of our Associates.

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any content, including without limitation any Third Party Content, or any content that we may post, or content otherwise derived from the Site to either a foreign national or a foreign destination in violation of such laws.

Associate Web Sites.

Our Site may be affiliated with other web sites. We may provide links to and from these sites for your convenience. If you decide to access any of these sites from this Site, you agree that you do so entirely at your own risk. Neither we nor our Associates are responsible for any information and content on such sites and we make no representations or warranties with respect to the privacy policies and terms of use of such sites. You should review those sites’ terms of use and privacy policies.

Links From this Site.

We are not affiliated or associated with sponsors of sites which hyperlink to or from our Site or other sites. The linked sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site. We reserve the right to terminate any link or linking program at any time. We may provide links from this Site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content, services, or products to which it links. Neither we nor our Associates are responsible for any information and content on such sites and we make no representations or warranties with respect to the privacy policies and terms of use of such sites. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. You should review those sites’ terms of use and privacy policies.

Linking to this Site.

Creating or maintaining any link from another site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another site without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.

Indemnity.

As a condition of use of this Site and/or using the services, accessing information on the Site, and/or your submission of content and/or posting your content on the Site, you agree to indemnify and hold harmless us and our Associates from and against any and all liabilities, expenses (including attorneys' fees and costs) and damages arising out of any and all direct or indirect claims resulting from or relating to your use of this Site, including your posting of content on the Site, your use of the services offered on the Site, and the goods featured on our Site, including without limitation, any claims alleging facts that if true would constitute a breach by you of this Agreement. You agree that you will be responsible for any damages resulting from any violation of this Agreement. This indemnity is in addition to, and not in lieu of, other indemnity obligations stated herein.

Indemnity.

DISCLAIMERS AND LIMITATION OF LIABILITY.

YOU EXPRESSLY AGREE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. NEITHER WE, NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE, OR CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE OR ANY OF OUR ASSOCIATES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR USER CONTENT DESCRIBED ON THE SITE.

EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, OUR SITE, OUR SERVICES, OUR INFORMATION AND USER CONTENT PROVIDED AND/OR MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS," “AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE, THE INFORMATION CONTAINED ON THIS SITE, THE USER CONTENT PROVIDED AND/OR MADE AVAILABLE ON THE SITE, AND ANY PRODUCT DESCRIPTIONS ON THE SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY US OR ASSSOCIATES SHALL CREATE ANY WARRANTY.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING OUR SITE OR OUR INFORMATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE OUR SITE OR INFORMATION, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION, SERVICES AND/OR USER CONTENT OBTAINED OR REVIEWED FROM OR ON OUR SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, INFORMATION, AND SERVICES THAT ARE AVAILABLE THROUGH OUR SITE.

WE DO NOT WARRANT THAT THE MATERIALS, INFORMATION, OR CONTENT INCLUDED ON OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE, CURRENT OR CORRECT; 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 STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF WARRANTIES, SO IF PROHIBITED BY APPLICABLE LAW, SUCH DISCLAIMER SHALL NOT APPLY TO YOU.

Governing Law; Jurisdiction; Waiver of Jury Trial

By visiting the Site, using the services offered on the Site, and/or submitting and/or posting content on the Site, 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 us. Any dispute relating in any way to your visit to the Site, using the services offered on the Site and/or submitting and/or posting content on the Site, shall be adjudicated in any state court in Essex County, New Jersey, or any federal court in the District of New Jersey and you and we consent to exclusive jurisdiction and venue in such courts and waive any claim of immunity. YOU AND WE EXPRESSLY AGREE HEREBY, TO THE FULLEST EXTENT PERMITTED BY LAW TO WAIVE THE RIGHT TO A TRIAL BY JURY.

Site Policies, Modification, and Severability.

The terms of this Agreement and the other policies posted on this Site govern your use of the Site, the services offered on 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.

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.

Complete Agreement.

Except as expressly provided in a particular legal notice on the Site, these Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and us with respect to your use of the Site, the use of the services offered on the Site.

Please also read our Privacy Policy.

Contact Information.

If you have any questions about these terms of use or the practices of this site, please contact us at info@wellnessinteractive.com.

Last Updated: May 10, 2014

4602632.1