PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site! Welnia, Inc. may revise and update these Terms and Conditions at any time. Your continued usage of the Welnia website, will mean you accept those changes. THE SITE DOES NOT PROVIDE MEDICAL ADVICE. The contents of the Welnia Site, such as text, graphics, images, information obtained from Welnia's licensors, and other material contained on the Welnia Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Welnia Site! If you think you may have a medical emergency, call your doctor or 911 immediately. Welnia does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Welnia, Welnia employees, others appearing on the Site at the invitation of Welnia, or other visitors to the Site is solely at your own risk. USE OF CONTENT. Welnia authorizes you to view or download a single copy of the material on the Welnia Site solely for your personal, noncommercial use if you include the following copyright notice: Welnia, LLC. ©2005-2008. All rights reserved and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Welnia Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Welnia or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Welnia. All rights not expressly granted herein are reserved to Welnia and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. LIABILITY OF WELNIA AND ITS LICENSORS. The use of the Welnia Site and the Content is at your own risk. When using the Welnia Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Welnia and its suppliers. Accordingly, Welnia 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 Welnia Site. The Welnia Site and the content are provided on an "as is" basis. WELNIA, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Welnia, its licensors, and its suppliers make no representations or warranties about the following:
In no event shall Welnia, its licensors, its suppliers, or any third parties mentioned on the Welnia Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Welnia Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Welnia is advised of the possibility of such damages. Welnia is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. USER SUBMISSIONS. The personal information you submit to Welnia is governed by the Welnia Privacy Policy. You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the existing or future Public Areas, you agree that such submission is non-confidential for all purposes. PASSWORDS Welnia has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Welnia passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Welnia account and password; (3) promptly inform Welnia of any need to deactivate a password. You grant Welnia and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Welnia cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Welnia tools and services. Welnia reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Welnia has no liability or responsibility to users of the Welnia Site or any other person or entity for performance or nonperformance of the aforementioned activities. ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES. Welnia may provide links to third-party web sites. Welnia may also select certain sites as priority responses to search terms you enter and Welnia may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Welnia does not recommend and does not endorse the content on any third-party websites. Welnia is not responsible for the content of linked third-party sites, sites framed within the Welnia Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Welnia does not endorse any product advertised on the Welnia Site. INDEMNITY. You agree to defend, indemnify, and hold Welnia, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions. GENERAL. Welnia makes no claims that Welnia and the 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 Welnia Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement. JURISDICTION. You expressly agree that exclusive jurisdiction for any dispute with Welnia, or in any way relating to your use of the Welnia Site, resides in the courts of the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving Welnia or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. COMPLETE AGREEMENT. Except as expressly provided in a particular "legal notice" on the Welnia Site, these Terms and Conditions and the Welnia Privacy Policy and Agreement constitute the entire agreement between you and Welnia with respect to the use of the Welnia Site, and Content. Thank you for your cooperation. We hope you find the Welnia Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted to support@welnia.com |
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terms and conditions of use | sales and returns | privacy policy | participant manual ©2008 Welnia, LLC |
