Effective October 6, 2015
A. About Us:
BY ACCESSING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS, CONDITIONS AND NOTICES CONTAINED IN THESE TERMS JUST AS IF YOU SIGNED THESE TERMS.
B. Our Terms of Service:
1. Service Conditions. You cannot use the Services unless you are at least 18 years of age. By accessing the Services, you represent and warrant to us that you are at least 18 years of age; you the right, authority and capacity to agree to, and abide by these Terms; and you shall not use any rights granted hereunder for any unlawful purpose or for any purpose which violates these Terms, as determined by us.
2. Grant of License. These Terms provide you with a personal, revocable, non-exclusive, non-assignable, non-transferable, limited and temporary license to access and use the Services. We shall be entitled to terminate, restrict, or suspend this license granted to you with immediate effect and without notice, including removing your ability to access or use the Services, for any reason or no reason, as determined by us.
3. Mobile Devices If you are accessing the Services via a mobile device or tablet which is owned or controlled by you (a “Device”) then, subject to your compliance with these Terms and our Policies, the license granted hereunder allows you to access the Services using your Device. You understand and agree that use of the Services via your Device may result in data or other charges from your mobile communication mobile service provider and you expressly release, indemnify, hold harmless, and defend us from any and all liability relating to any such charges and/or your Device.
(a) To use certain aspects of the Services (for example, to post a Listing (defined below) to the Website), you must create an Account. In connection with the Services, you agree to provide true, accurate, current and complete information as prompted by our registration forms, and to maintain and promptly update the information you provide to us in order to keep your information true, accurate, current and complete. It is your obligation to maintain and control passwords to your Account. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES AND/OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You agree to immediately notify us of any unauthorized uses of your username and password and/or any other breaches of security. There is no assumption by us of your responsibility to notify your local law enforcement agency of any identity theft. You agree we will not be liable for any loss or damages caused by your failure to comply with your security obligations.
5. Payment and Refunds.
(a) Payment. In connection with any services or items you purchase using the Services, you agree to pay us the amounts displayed on the Website or in an applicable purchase order, together with any shipping charges that may apply to a given transaction, each as determined by us. The policies and prices that are disclosed to you when you purchase items are a part of these Terms. Further, you authorize us to charge your chosen payment method (credit card, debit card, et cetera) in connection with all fees, costs, and other amounts incurred by you in the Services, as determined by us. In connection with any fees, costs, and other amounts paid by you, you agree: (i) to only provide valid and current payment information; (ii) that we may use the tools, software or services of the payment processor selected by us (our “Payment Processor”) to process fees, costs, and other amounts as well as transactions on our behalf; (iii) to promptly pay all amounts which are due and payable to us upon demand; and (iv) to abide by the terms and policies of our Payment Processor. We are not responsible or liable for any activities or conduct of our Payment Processor, and you agree to hold us harmless, indemnify, defend, and expressly release us, from any and all liability relating to the conduct of our Payment Processor. All amounts shall be paid in US Dollars. You understand and agree that we do not accept, offer, or issue any exchanges of any items that you purchase from us.
(b) Refunds. All items you purchase from us are sold “AS IS” and “WITH ALL FAULTS.” We reserve the right to but shall have no obligation to provide you with a refund of all or a portion of the amounts you pay to us in connection with items purchased from us, as determined by us. In connection with an item purchased from us, you may request a refund by contacting us at [email protected] and follow the instructions provided to you within 7 days from the date of your purchase of the item. You may return any information-related item that you purchase from us for any reason within 7 days from the date of your purchase. Other than as provided in this subsection, we do not offer any returns, refunds, credits, or exchanges of any kind.
6. Linking to the Website. You are granted a limited, revocable, non-exclusive right to create a text hyperlink to the Website, provided that such link does not portray Wellness Hub or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking website does not contain material that is offensive, harassing or otherwise objectionable, as determined by us. This limited right may be revoked at any time and for any reason or no reason, as determined by us in our sole discretion. Upon such time as we notify you that your limited right to link to the Website has been revoked by us, you agree to immediately cease using and remove any and all links to the Website which were previously created, used, or controlled by you. You may not use a Wellness Hub logo or other proprietary graphic of Wellness Hub to link to this Website without the express written permission of Wellness Hub which we may withhold in our absolute discretion. Further, you may not use, frame or utilize framing techniques to enclose any Wellness Hub trademark, logo or other proprietary information, including the images found on the Website, any text or the layout/design of any page or form contained on a page of the Website without Wellness Hub’ express written consent. Except to the extent you may link to the Website as noted above, you are not conveyed any other right or license by implication, estoppel or otherwise.
(a) By Us.
(i) All Content on the Services, or obtained from a Linked Site (defined below) are provided to you ‘AS IS’, ‘AS AVAILABLE’ and ‘WITH ALL FAULTS’. We provide the Services for informational purposes only and any statements on the Website are opinions of the author, contributors, and Users and are intended to inspire readers to make their own health and wellness decisions after consulting with their health care provider. Any Content contain statements or claims about the possible health benefits conferred by any foods or supplements have not been evaluated by the Food & Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
(ii) WE ARE NOT HEALTHCARE PROVIDERS. Our Services are not a substitute for the advice of a healthcare professional or other professional, and the information made available on or through our Services should not be relied upon when making healthcare decisions, or to diagnose or treat a healthcare or health condition. If you require healthcare advice or services, you should consult a healthcare professional. We expressly disclaim all liability related to the accuracy or reliability of any opinion, advice, or Content on the Services or reliance on any opinion, advice, or Content on the Services. All features and Content on the Website are subject to change at any time without notice. The inclusion of any items or services on the Website at a particular time does not imply or warrant that these items or services will be available.
(b) Linked Sites.
(ii) Third Party Products and Services. When you use the Services to purchase products or services from a Linked Site, you are purchasing that product or service directly from the third party Linked Site. Your order is placed with, filled by, and shipped by that third party Linked Site. We have no involvement in any shipment, fulfillment, returns, or refunds associated with any products or services that you purchase from a Linked Site or third party. You understand that you must contact the third party Linked Site directly for inquiries related to your purchase, including but not limited to: returns, shipping, customer service, refunds, or general information. By using the Services, you expressly represent and warrant that you will abide by and will not violate any policies, rules, terms, or conditions of that third party Linked Site.
(c) Transmitted by You.
(i) You are solely responsible for and retain all rights in the Content that you Transmit by way of the Services and/or Transmit to us by way of the Services or otherwise (collectively, “Contributor Content”). You represent and warrant to us that you shall not: Transmit Contributor Content that: (A) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, or physical or mental illness to you, to any other person, (B) may cause loss or damage to any person or property; (C) involves or contributes to a violation of criminal or civil law; (D) contains Content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, sexually explicit, or otherwise objectionable; (E) contains Content that you do not have a right to disclose under any law or under contractual or fiduciary relationships; (F) infringes on the intellectual property rights of others; or (G) violates any provision of the use restrictions in Section 10. WE ARE NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU TRANSMIT USING THE SERVICES.
(ii) You will retain ownership of any copyrights relating to your Contributor Content. However, you also agree that by Transmitting Contributor Content to us and/or Transmitting Contributor Content anywhere within, on, or using the Services, you hereby grant to us and represent and warrant to us that you have all rights necessary to grant to us a worldwide, irrevocable, perpetual, non-exclusive, cost-free, royalty-free license to use, copy, sell, rent, license, sublicense, display, publically perform, create derivative works of, distribute, store, archive, transform, edit, alter, distort, modify, add to, subtract from, enhance, broadcast, telecast, duplicate, distribute, and/or otherwise exploit your Contributor Content, each as determined exclusively by us, in all forms of media and forms of exploitation, now known or hereafter created including but not limited to, Social Media Profiles, websites, film, television, radio, and/or print, each as determined exclusively by us. In order to further effect the rights and license that you grant to us regarding your Contributor Content, you also hereby grant to us the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any Contributor Content, without any obligation or compensation to you. To the extent any ‘moral rights’, ‘ancillary rights’, or similar rights in or to the Contributor Content exists and are not licensed to us hereby, you agree not to enforce any such rights and you shall procure the same agreement not to enforce from any others who may possess such rights. Without limiting the scope of the license granted to us by you hereunder or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Contributor Content, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to your Contributor Content. You further acknowledge and agree that no compensation will be paid with respect to the use of your Contributor Content or any of the rights granted to us in these Terms. You agree that the license granted by you in this Section 7(c)(ii) shall be binding upon you, your heirs, legal representatives, assigns, transferees and successors in interest and shall survive any termination of these Terms, of your Account, and/or your license to use and access the Services. You agree that any Contributor Content you Transmit is not being disclosed in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. For clarity, and without altering the forgoing, generally, while you retain the copyrights in your Contributor Content, we can do anything we desire with your Contributor Content just as if we owned the Contributor Content and any copyrights therein.
(iii) You represent and warrant that you own or otherwise possess all necessary rights with respect to your Contributor Content, and that your Contributor Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate rights of any third party, including but not limited to intellectual property rights and/or trade secret rights.
(iv) You agree that we may but are not obligated to: filter any Content on the Website (e.g. a Comment or otherwise) in any manner we determine, including but not limited to, by deleting or replacing expletives or other harmful or offensive language; refusing to display any Content; removing Content from the Services for any reason or no reason, as determined by us; and/or disclosing any Content and the circumstances surrounding the use thereof, to any third party for any reason or no reason, as determined by us. We are not responsible for, and will have no liability for, the removal or non-removal of any Content from the Services.
(v) You agree and understand that you may be held legally responsible for damages suffered by other Users or third parties as the result of your remarks, information, feedback or other Content Transmitted on the Services that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, Wellness Hub is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other Content made available on the Services.
(d) Transmitted by Users or Others. We do not endorse and are not responsible for (i) the Content provided by other Users, (ii) the accuracy or reliability of any opinion, advice, statement, or Content made through the Services, (iii) any Content provided on Linked Sites, or (iv) the capabilities or reliability of any items or services obtained from a Linked Site. There are risks involved with relying on information on the Services, and you expressly assume those risks when using the Services. Under no circumstance will we be liable for any loss or damage caused by your reliance on any Content, items, other information, or services obtained through the Website or a Linked Site. Further, you agree to indemnify, hold harmless, and defend us from any liability and/or damages relating to any Content Transmitted by you or by a third person using your Account.
8. Service Providers, Directory Listings, Comments, and Guest Posts.
(a) Directory Listings and Service Providers. We may allow qualified Users that provide health and wellness services (collectively, “Service Providers”) to Transmit and post Content on our Website in our Service Provider directory in the form of a listing relating to providing health and wellness services and products (a “Directory Listing”). Directory Listings will be made publicly available via our Services. We shall have no responsibility relating in any way to transactions between Service Providers relating to Directory Listings. Service Providers acknowledge and agree that the Service Provider that Transmits a Directory Listing is are responsible for such Directory Listing. Accordingly, Service Providers represent and warrant that any Directory Listing you Transmit and the provision of services or selling of any goods in a Directory Listing you Transmit: (i) will be in compliance with all applicable laws, tax requirements, and regulations that may apply to any such transaction, (ii) will contain only accurate, truthful, and complete information, and (ii) will not conflict with the rights of third parties. We reserve the right, at any time and without prior notice, to delete any Directory Listing for any reason or no reason. You understand and agree that we do not evaluate or make any representation or warranty regarding the qualifications, competence, or skill of any Service Providers that are referred to in a Directory Listing or are otherwise referred to on the Website. We make no representation regarding the quality of care you may receive from any Service Providers that are referred to in a Directory Listing or are otherwise referred to on the Website. You are responsible for selecting a suitable health care provider. In doing so, you should evaluate all information you deem relevant, including but not limited to the individual’s background, training, experience, and reputation. We do not maintain insurance information relating to any Service Providers that are referred to in a Directory Listing or are otherwise referred to on the Website. You agree that we shall not be liable to you or third parties relating to any action taken in reliance on Content on our Services.
(b) Venue Only. OUR SERVICES CREATE ONLY A VENUE. SERVICE PROVIDERS ARE NOT OUR EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS. WITH THAT IN MIND, YOU UNDERSTAND AND AGREE THAT WE: (i) do not employ, recommend or endorse any Service Providers and have no control over the acts or omissions of any Service Providers in any way using or having used the Services, on or off our Website; (ii) are not responsible for any Service Provider’s compliance or non-compliance with applicable laws in connection with any transaction involving a Service Provider; (iii) make no representations or warranties about the quality or legality of the services offered by a Service Provider in connection with a Directory Listing or about interactions or dealings with others; (iv) are not responsible for the performance or conduct of any Service Providers, any other User, or other third parties in any way, on or off the Website; and (v) are under no obligation to become involved in disputes between any Users (whether or not such Users are Service Providers).
(c) No Verification of Service Providers. We do not screen Service Providers or conduct any kind of identity, credential, or criminal records checks. As such, you should exercise caution and perform their own screening before connecting with a Service Provider or other User through the Services, meeting anyone, or traveling to a location in response to a Directory Listing or otherwise. We expressly disclaim, and you expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Services or your interactions or dealings with other Users, including but not limited to any acts and/or omissions of Users that are Service Providers, on or off our Website. By using the Services, you acknowledge that you are solely responsible for such use and the connections you make and that ALL USE OF OUR SERVICES IS AT YOUR SOLE RISK. Although we have no obligation to verify any information provided by a User in connection with our Services, we reserve the right to do so in our sole discretion. You hereby authorize us to verify the representations and warranties you make or the other information you provide. You agree to provide us with any and all information and/or verification we may request as we deem appropriate in our sole discretion.
(d) Comments About Service Providers. The Services may allow Users to Transmit review and comment Content regarding Service Providers (each a “Comment”). All Comments Transmitted by you are deemed “Contributor Content” (as defined in Section 7(c)(i) above) and are subject to the provisions of these Terms (including but not limited to Section 7 and Section 10 of these Terms). In order to Transmit Comments, you must: (i) be 21 years of age or older, (ii) have received products or services from the Service Provider which such you are providing the Comment in connection with, (iii) use your actual name when identifying in the Comment (e.g. not a business name, screen name, or initials), and (iv) comply with the applicable portions of these Terms (e.g. the provisions of Section 7 and Section 10). In Transmitting any Comment, each User represents and warrants that such User does and shall comply with subsections (i) through (iv) above. You further agree that any Comment Transmitted by you shall not: link to websites or other information that is not relevant to the Comment, as determined by us; or contain spam or other forms of hyperlink marketing. The Comments on our Services do not reflect the views of Wellness Hub. We strive to maintain a high level of integrity with Comments. You agree that any Comment that we determine, in our sole discretion, is disingenuous or objectionable may be removed by us at any time without prior notice.
(e) Guest Posts.
(i) The Services may allow Users to Transmit Content to us in the form of an article or blog post relating to proposed Content that a User desires to submit to us to be publically viewable on our Services and/or to Transmit Content to us in the form of an article or blog post to be publically viewable on our Services (each a “Guest Post”). All Guest Posts Transmitted by you are deemed “Contributor Content” (as defined in Section 7(c)(i) above) and are subject to all provisions of these Terms, except for and excluding the provisions of Section 7(c)(ii) hereof only. You may submit Content to us for Guest Posts by email to [email protected] in Microsoft Word® format with your name in all capital letters of the file and the proposed title (e.g. FIRST NAME LAST NAME – Title) along with a brief description of the proposed Guest Post. We prefer if you submit Guest Posts that have not already been published, in any form, in print or online (e.g. you write a Guest Post and submit it to us, rather than submitting articles that you have previously written and published somewhere else).
(ii) Once you submit a Guest Post to us, you agree not to submit all or any portion of the Guest Post to any third party for display or publication for a period of five business days while we evaluate your Guest Post (e.g. you will not ‘shop the Guest Post around’ for 5 days while we determine if it is a good fit for us). If we take interest in your proposed Content, we will notify you and you will be able to submit a draft of the Guest Post to us. In connection with a Guest Post, you may submit we may include with the Guest Post: a short biography of you (no more than 90 words), 1 link to a webpage owned or controlled by you, and links to your Social Media Profiles. In connection with a Guest Post, you agree to: use only credible sources, appropriately cite all sources, link to external sources where appropriate, refrain from self-promotion, and follow any and all other such guidelines we may provide to you from time to time, each as determined by us. You agree that we shall have no obligation to Transmit any portion of any Guest Post on our Website. You agree that we may edit, modify, and delete any portions of any Guest Post that we see fit and add Content to any portion of the Guest Post as we see fit, each as determined by us, whether prior to or after such time as the Guest Post is Transmitted on our Website (including but not limited to modifications related to style, grammar, appearance, adding links to other websites, et cetera).
(iii) Notwithstanding any provision of these Terms to the contrary, you agree that once we have Transmitted any Guest Post on our Website, in the event that you Transmit any portion of the Content contained within the Guest Post on any other website, publication, or third party media (e.g. print, electronic, Social Media Profile, et cetera) at any time during the period commencing on the date we first Transmit the Guest Post on our Website and ending 12 months thereafter, you agree to visibly place the following credit line text within the redistributed Guest Post (e.g. in the footer or bibliography of the redistributed portion of the Guest Post): “This article and/or content within this article is also available on wellnesshubnova.com” or such other credit line that Wellness Hub provides to you from time to time. All search engine optimization information, such as anchor text or alt tags, included in any Guest Post are subject to our approval.
(iv) License to us to your Guest Posts. You will retain any copyrights in your Guest Posts. However, you also agree that by Transmitting Guest Posts to us, you hereby grant to us and represent and warrant to us that you have all rights necessary to grant to us a worldwide, irrevocable, perpetual, non-exclusive, cost-free, royalty-free license to use, copy, sell, rent, license, sublicense, display, publically perform, create derivative works of, distribute, store, archive, transform, edit, alter, distort, modify, add to, subtract from, enhance, broadcast, telecast, duplicate, distribute, and/or otherwise exploit your Guest Posts, each as determined exclusively by us, in all forms of media and forms of exploitation, now known or hereafter created including but not limited to, Social Media Profiles, websites, film, television, radio, and/or print, each as determined exclusively by us. In order to further effect the rights and license that you grant to us regarding your Guest Posts, you also hereby grant to us the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any Guest Posts, without any obligation or compensation to you. To the extent any ‘moral rights’, ‘ancillary rights’, or similar rights in or to the Guest Posts exists and are not licensed to us hereby, you agree not to enforce any such rights and you shall procure the same agreement not to enforce from any others who may possess such rights. Without limiting the scope of the license granted to us by you hereunder or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Guest Posts, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to your Guest Posts. You further acknowledge and agree that no compensation will be paid with respect to the use of your Guest Posts or any of the rights granted to us in these Terms. You agree that the license granted by you in this Section 8(e)(iv) shall be binding upon you, your heirs, legal representatives, assigns, transferees and successors in interest and shall survive any termination of these Terms, of your Account, and/or your license to use and access the Services. You agree that any Guest Posts you Transmit are not being disclosed in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. You represent and warrant that you own or otherwise possess all necessary rights with respect to your Guest Posts, and that your Guest Posts does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate rights of any third party, including but not limited to intellectual property rights and/or trade secret rights. For clarity, and without altering the forgoing, generally, while you retain the copyrights in your Guest Posts, we can do anything we desire with your Guest Posts just as if we owned the Guest Posts and any copyrights therein.
(v) When you Transmit Guest Posts to us, even after we have displayed the Guest Posts on the Website, you agree that you are a licensor only, and further agree that you shall not hold yourself out as a member, manager, partner, joint venturer, or associate of Wellness Hub.
9. Intellectual Property.
(a) Trademarks. WELLNESS HUB, WELLNESSHUBNOVA.COM, and all other graphics, logos, page headers, button icons, scripts, service names and other Content that we use, manage or control are trademarks, registered trademarks or trade dress of ours or our subsidiaries, officers, employees, independent contractors, suppliers, representatives, licensors, licensees, successors, assigns, agents, partners, or other affiliate (collectively “Affiliates”) in the United States or other countries or both. No one may use these trademarks or trade dress in connection with any product or service that is not our product or service without our express written permission. All other trademarks that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us or any of our Affiliates.
(b) Copyright. Except in the case of Content under license to us, we claim a copyright, and all copyright protection afforded, under international, United States and the Commonwealth of Virginia laws to all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software (ours or our software suppliers), and all other Content on the Services. The compilation of all Content on the Services is our exclusive property, and it is similarly protected. We also claim a copyright, and all copyright protection afforded, under international, United States and the laws of the Commonwealth of Virginia to all material described in the trademarks section above. Your access to all information and Content located on the Services is strictly permitted through the license granted to you under these Terms. Except for the license granted to you in Section 2 of these Terms and for the licenses granted to us in these Terms, all rights, title and interest in Content, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of ours and other parties. Except as permitted by these Terms, you are prohibited from modifying, copying, distributing, displaying, publishing, selling, licensing, creating derivative works, or otherwise exploiting any Content available on or through the Services without our prior written permission, or in the case of Content owned by a third party, without first receiving permission from the owner of that Content. You may not alter or remove any trademark, copyright or other notice from copies of the Content.
(c) Infringement Claims. We respect the intellectual property of others and ask that Users do the same. In connection with the Services, we have adopted and implemented a Digital Millennium Copyright Act (“DMCA”) policy respecting intellectual property that provides for the removal of any infringing or unauthorized materials and for the termination of a User’s ability to use our Services, in appropriate circumstances, if we determine that User is infringing on the intellectual property rights of others. If you believe that a User is, through the use of the Services, unlawfully infringing by submitting unauthorized Content, and wish to have the allegedly infringing or unauthorized material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512) must be provided to our designated copyright agent (“Designated Agent”): your physical or electronic signature; identification of the works or rights that you claim to have been infringed; identification of the Content on the Services that you claim is infringing and that you request us to remove; sufficient information to permit us to locate such Content; your address, telephone number, and e-mail address; a statement that you have a good faith belief that use of the objectionable Content is not authorized by the copyright or other rights owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright or other right that has allegedly been infringed or violated or that you are authorized to act on behalf of the copyright or other rights owner. Note that, pursuant to 17 U.S.C. § 512, any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our Designated Agent is:
Dunlap, Bennett & Ludwig PLLC
ATTN: David Ludwig
211 Church Street, SE
Leesburg, VA 20175
10. Use Restrictions. You may not use or plan, encourage or help others to use the Services for any purpose or in any manner that is prohibited by these Terms or by applicable law. In using the Services, you agree at all times that you shall not: (a) infringe on the copyrights or other intellectual property rights of Wellness Hub, a User, or a third party (b) copy, distribute, or modify any part of the Services without our prior written authorization; (c) Transmit inappropriate, inaccurate, false, misleading, or objectionable Content to the Services, as determined by us; (d) Transmit any medical records or other health information in violation of The Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), any HIPAA enforcement rule, or any related state law concerning the dissemination of medical information; (e) Transmit any Content which contains software viruses, or other harmful computer code, files or programs; (f) Transmit Content that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; (g) make threats or use profanity; (h) harass, stalk or intimidate other Users; (i) manipulate or exclude identifiers in order to disguise the origin of any Content; (j) disrupt the networks connected to the Services, including but not limited to by: attempting to probe, scan or test the vulnerability of the Services, attempting to breach security or authentication measures without proper authorization, or attempting to interfere with the Services or a User, by means such as overloading, ‘flooding’, ‘mailbombing’ or ‘crashing.’; (k) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services; (l) collect Content, personally identifying information, and/or other information from the Services, or otherwise access the Services, by using any automated means, including but not limited to, ‘robots’, ‘spiders’, ‘scrapers’ and ‘offline readers’, without our prior written approval which we may withhold in our discretion; (m) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, sublicense, sell, or distribute the Services; (n) rent or lease any rights in the Services in any form to any third party or make the Services available or accessible to third parties; (o) use any communications systems provided by the Services to send unsolicited or unauthorized commercial communications, including but not limited to by email, SMS, MMS, or any other means; (p) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices displayed on the Services; (q) mislead or attempt to mislead or defraud or attempt to defraud or conceal any information relating to Content or other information that you provide to us; (r) link, deep link, ‘frame’ or ‘mirror’ any part of the Services without our prior consent; or (s) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, or inappropriate purpose, or in any manner that breaches these Terms or is otherwise objectionable, as determined by us in our sole discretion.
11. Termination, Restriction, and Suspension.
(a) Termination By You. You may cancel your Account at any time for any reason or no reason by notifying us in writing (email to [email protected] is acceptable). Upon cancellation of your Account, access to certain features of the Services may be restricted. Termination of your Account will be effective within a reasonable time after we receive notification of your desire to cancel, as determined by us.
(b) By us. We retain the right to terminate, restrict, or suspend these Terms, your Account, and/or your license to access or use the Services at any time in our absolute and sole discretion, without prior notice, for any reason or no reason, as determined by us.
(a) THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED ‘AS IS’, ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE WEBSITE, AND/OR THE SERVICES, WELLNESS HUB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUIET TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WELLNESS HUB MAKES NO WARRANTY THAT THE WEBSITE AND/OR CONTENT WILL MEET YOUR NEEDS, EXPECTATIONS, BE TO YOUR SATISFACTION, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE, BUG-FREE, OR MALWARE-FREE BASIS. WELLNESS HUB MAKES NO WARRANTY REGARDING THE QUALITY OF THE WEBSITE OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WELLNESS HUB OR THROUGH THE WEBSITE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
(b) WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE IDENTITY OF A USER. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.
13. Release and Waiver of Claims. To the maximum extent permitted by applicable law, YOU ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, AND DISCHARGE all claims, actions, demands, suits, or proceedings (“Claims”) against US and our AFFILIATES, including any and all liability for actual and/or consequential damages, costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to: (A) THE SERVICES or THESE TERMS, (B) CONTENT ANd/OR YOUR USER CONTENT, (c) A LISTING, (d) PERSONAL INJURY RELATING TO INTERACTIONS WITH USERS AND/OR THIRD PARTIES WITH WHOM YOU COMMUNICATED WITH AS A RESULT OF USING THE SERVICES, (e) any inaccuracy, untimeliness or incompleteness of a USER’S representations OR WARRANTIES, and/or (f) any inaccuracy, untimeliness, or incompleteness of ANY AND ALL CONTENT obtained or accessed by or through the Services. FURTHER, if YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You understand that any fact relating to any matter covered by THESE TERMS may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
14. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY RELATED TO OR RESULTING FROM ANY ASPECT OF THE SERVICES, OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO (A) THESE TERMS, (B) CONTENT ANd/OR YOUR USER CONTENT, (c) A LISTING, and/or (D) ANY ASPECT OF OUR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, A BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages exceed an amount equal to the greater of: (i) the sums paid by you to us in connection with the Services, or (ii) $125. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
15. Dispute Resolution.
(a) In the event that any dispute arises with respect to the Services, these Terms, or any of our Policies, upon our election in our sole discretion, such dispute shall be resolved by binding arbitration in accordance with the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association, in Loudoun County, Virginia. In the event we elect not to require that a be submitted to binding arbitration as described above, any such dispute shall nevertheless be litigated by you and us in the state courts located in Loudoun County, Virginia or in the U.S. District Court for the Eastern District of Virginia, as the case may be. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation arises between us and you. By using the Services, you irrevocably agree and consent to be bound to personal jurisdiction of and venue selection in the state courts located in Loudoun County, Virginia or in the U.S. District Court for the Eastern District of Virginia as the case may be, whether either arbitration or litigation arises between us and you. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(b) YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE AGREE OTHERWISE, THE DECISION-MAKER MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE DECISION-MAKER MAY AWARD RELIEF ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
(c) You agree that irreparable harm to us would occur in the event that any of the provisions of these Terms were not performed fully by you or were otherwise breached by you, and that money damages are an inadequate remedy for breach of the Terms because of the difficulty of ascertaining and quantifying the amount of damage that will be suffered by us in the event that these Terms are not performed in accordance with its provisions or is otherwise breached. It is accordingly hereby acknowledged that, notwithstanding any provision of this Section 15, we shall be entitled to petition the courts mentioned in Section 15(a) for an injunction or injunctions to restrain, enjoin and prevent a failure to perform these Terms by you, without positing bond or other security, and to enforce specifically such provisions of these Terms.
(d) Dispute Resolution Severability. If a court decides that any term or provision relating to our ability to submit any above-mentioned dispute to arbitration or to the above class action wavier according to this Section 15, the parties agree to litigate any such dispute according to Section 15(a) above and to replace any other such terms or provisions of Section 15(a) or Section 15(b) with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Section 15 shall be enforceable as so modified. In the event of any such severing, the remainder of these Terms will continue to apply.
16. Indemnification. You agree to indemnify, defend, and hold harmless us and our Affiliates from and against any and all Claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use the Services; any infringement of a third party’s rights (including but not limited to intellectual property rights); a breach of a representation or warranty made by you; your Contributor Content (including but not limited to a Directory Listing, Guest Post, and/or Comment); any defamatory, offensive, fraudulent, or illegal use of the Services by you; any improper disclosure of Content by you; and any violation by you of these Terms or any of our other Policies.
17. Survival. Notwithstanding anything herein to the contrary, the provisions of Sections 3, 4, 5, 7, 8, 9, and 11 through 27 of these Terms, as well as any provision of these Terms which in accordance with its terms is intended to survive the termination of these Terms, your Account and/or your license to use or access the Services shall survive any such termination.
18. Contacting You. By using the Services, you agree that we and our Affiliates may provide you with any notices or other communications about the Services electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Website. For notices made by email, the date of receipt will be deemed the date on which such notice is Transmitted. We will use best efforts to honor a User’s request to opt out of promotional messages, but under no circumstances will we be liable for Transmitting any Content to Users.
19. Severability; No Waiver; Assignment. The representations and warranties and/or covenants set forth herein are each to be construed as a separate agreement, independent of any other provisions of these Terms. Further, the invalidity or unenforceability of any provision, word, phrase, clause, sentence, paragraph or section of these Terms shall in no way affect the validity or enforceability of any other provision, word, phrase, clause, sentence, paragraph or section of these Terms, and any such invalid or unenforceable provision that is overbroad shall be deemed narrowed to the broadest term permitted by applicable law and shall be enforced as narrowed. If one or more of the provisions in these Terms is deemed invalid or unenforceable, then the remaining provisions will continue in full force and effect. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us as determined by us.
20. Our Relationship with You. With respect to you, we are an independent contractor only. Nothing in these Terms shall be deemed or is intended to be deemed, nor shall it cause, you and Wellness Hub to be treated as partners, joint venturers, or otherwise as joint associates for profit, or either you or us to be treated as the agent of the other.
21. Third Parties. From time to time, we may engage third parties or Affiliates to assist us in providing certain aspects of the Services, including but not limited to marketing functions. You agree that we may engage such third parties in providing Services to you, as determined by us.
22. Entire Agreement; Modification. These Terms together with our Polices any other document referenced herein, constitutes the entire understanding between us and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter these Terms and/or our Polices at any time in our sole discretion. We will notify you about changes to these Terms by placing the updated Terms on the Website. You agree that your use of the Services after such notification will constitute acceptance by you of such changes to the Terms.
23. Headings. Headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms. Further, whenever the context requires, all words, including but not limited to defined capitalized terms, will include the masculine, feminine, and neuter, and each word will include the singular form, plural form, and other conjugations of that word.
25. Compliance. You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Services. We will cooperate with law enforcement agencies in any investigation of alleged unlawful activity of which we are made aware of regarding the use of our Services and may contact law enforcement if we are made aware of any use of our Services which potentially violates any applicable laws, statutes, ordinances, or regulations. The Services are designed and targeted to Users who reside in the United States. We make no representation that the Services are operated in accordance with the laws or regulations of, or governed by, other nations. By accessing the Services you certify that you meet the age and other eligibility requirements for use of the Services. Those who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
27. Feedback. We may invite you to submit Content regarding ideas about the Services, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use Feedback without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Feedback, we do not waive any rights to use similar or related ideas previously known to us, or developed by its employees, or obtained from sources other than you. We value your comments and opinions. If you have questions, comments or a complaint about these Terms, you may send a written notice to us at [email protected]