The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Services.
PLEASE BE AWARE THAT THESE TERMS INCLUDE LIMITATIONS ON THE LIABILITY OF Health Fitness Wellness Club’s AND OUR OBLIGATIONS RELATING TO THE SERVICES, CERTAIN CONDITIONS WITH RESPECT TO JURISDICTION, AND CERTAIN EXCLUSIONS OF Health Fitness Wellness Club’s RESPONSIBILITY.
THE SERVICES DO NOT PROVIDE MEDICAL ADVICE.
The contents of the Services, such as text, graphics, images, information obtained from Health Fitness Wellness Club’s licensors, and other material contained on the website, apps, newsletter, and products (“Content”) are for informational purposes only. The Content and Services are 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.
If you think you may have a medical emergency, call your doctor or 911 immediately. Health Fitness Wellness Club does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Content or Services. Reliance on any information provided by Health Fitness Wellness Club, Health Fitness Wellness Club employees, others appearing in the Content or on the Services at the invitation of Health Fitness Wellness Club, or other visitors to the Services is solely at your own risk. The Content and Services may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Content or Services.
Unless otherwise noted, all Content and Services, whether publicly posted or privately transmitted, as well as all derivative works, are property owned, controlled, licensed, or used with permission by Health Fitness Wellness Club, and/or its parents, subsidiaries and affiliates, or other parties that have licensed or otherwise permitted their material to be used by Health Fitness Wellness Club. The Services as a whole and the Contents are protected by copyright, trademark, trade dress, and other laws. All worldwide right, title, and interest in and to the Services and Contents are owned by Health Fitness Wellness Club or used with permission. The Website, the Website’s logos, the Apps, the Apps’ logos, and all other trademarks appearing on the Content and Services are trademarks of Health Fitness Wellness Club or are licensed or used with permission of the owner by Health Fitness Wellness Club.
You agree not to display or use such trademarks without Health Fitness Wellness Club’s prior written permission. Health Fitness Wellness Club disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own.
The information presented on or through the Content and Services is made available solely for general information purposes. We may update the Content from time to time, but the Content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and We are under no obligation to update such material.
You are prohibited from violating or attempting to violate the security measures on the Services, including, without limitation:
Using a false password or one belonging to another user, or accessing data not intended for the user, or logging in to a server or account which such user is not authorized to access;
Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
Attempting to probe, scan, or test the vulnerability of the system or network, or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host, or network, including, without limitation, via means of overloading, “flooding,” “mail bombing,” or “crashing”;
Sending unsolicited email or commercial electronic messages, including promotions and/or advertising of products or services;
Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or Hijacking all or any part of the Services or Content; deleting or changing any Services or Content; deploying pop-up messages or advertising, running or displaying the Services or Content in frames or through similar means on another website; or linking to the Services or Content, without our specific written permission.
You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.
You agree to use the Content and Services only for lawful purposes and only for your own personal, non-commercial use. You may not use the Services to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others, or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive, or hateful.
We have absolute discretion to determine if any use violates these rules, and to act as We deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to law enforcement authorities in identifying and prosecuting users who are involved in such violations.
COMMUNITY GUIDELINES FOR APPS
Please treat each other with respect.
Health Fitness Wellness Club’s mission is to empower people through support, hope, and knowledge. We strive to ensure all members feel welcome, safe, and respected. Following the guidelines below helps to keep the community safe for everyone.
Any manner of bullying, intimidation, or harassment is forbidden.
This is not a dating application; using the App in that way will result in expulsion from the community.
You may not post pornographic or violent content in messages, in group chats, or on your profile. This includes adding photographs, drawings, or comments, even as a joke. Depictions of nudity in non-sexual contexts, such as images of your surgery scars, are okay.
Do not ask other members to take the conversation to another messaging platform such as WhatsApp, Google Hangouts, Gmail, etc.
The promotion, advertising, or selling of any goods or services is not allowed. Unauthorized content will be removed from the App.
Do not attempt to convert other members to your religious beliefs or otherwise make them feel uncomfortable.
It should go without saying, but all illegal activity is prohibited and may be reported to the appropriate authorities.
Finally, don’t spam anyone.
We rely on you, our Apps community members, to report other members or content that violates these guidelines. Violating these Community Guidelines has consequences, which may include removal of content, suspension of posting privileges, or even expulsion from the Apps community. Please keep in mind that while something may be disagreeable to you, it does not necessarily violate our Community Guidelines.
TO REPORT ANOTHER MEMBER OR CONTENT
When reporting another member, you have two options:
Block Member: This blocks both parties from showing up in the other person’s Member list, Home activity feed, and Group discussions. In addition, 1:1 communication is not possible.
Report and Block Member: In addition to blocking the member, this creates a report, marking this member as someone who has broken the community guidelines.
You can report and/or block a member from the following places:
When you receive a match request from another member, you can accept, decline, or choose to report and block.
After you are already connected with another member, you may click on the three dots in the upper right-hand corner in your private messaging screen and choose “Report” or “Block” from the menu options.
Click on the member’s profile picture and tap “Block Member” or “Report and Block Member.”
Long-press on the offensive message and select “Block Member” or “Report and Block Member.”
Click on the member’s profile picture and tap “Block Member” or “Report and Block Member.”
Press the three dots in the upper right hand corner of the offensive message and select ‘‘Block Member” or “Report and Block Member.”
REPRODUCTION OF CONTENT ON OTHER WEBSITES
Any Content placed on your website must be accredited to the applicable Website, with links placed to the original article on the applicable Website. You are permitted to display the following on your website, provided you do so in a way that gives full credit to us as the original publisher and does not damage our reputation or take advantage of it:
An active, follow link to the original full article on the applicable Website.
A canonical in your header code. Instructions for how to set a canonical here: https://yoast.com/rel-canonical/.
You must not establish a link from any website that is not owned by you.
Use of any and all Health Fitness Wellness Club logos are not permitted.
You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
You may not directly or indirectly suggest any endorsement or approval by the applicable Websites of your website, products, content, or any views expressed within your website.
Our Content may only be placed on websites that:
Do not promote, facilitate, or encourage Illegal activities (and do not display actionable Content under U.K. or U.S. law).
Do not promote, facilitate, or encourage hatred of any form (including, but not limited to, racism, terrorism, violence, and discrimination of any kind).
Do not have misleading, pornographic, or defamatory content.
Do not display any material that is in breach of any third-party intellectual property rights.
Health Fitness Wellness Club provides the Content at no charge and you may not charge users specifically for accessing Health Fitness Wellness Club Content, nor attempt to sell our Content in any way.
LIABILITY OF HEALTH FITNESS WELLNESS CLUB AND ITS LICENSORS
BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE BELOW LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The Services and the Content are provided on an “as is” basis and your use of the Services and the Content is at your own risk. When using the Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of Health Fitness Wellness Club. Accordingly, Health Fitness Wellness Club 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 Services.
HEALTH FITNESS WELLNESS CLUB, ITS AFFILIATES, LICENSORS, AND CONTRACTORS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE 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 PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, Health Fitness Wellness Club, its affiliates, and its licensors make no representations or warranties about the following:
The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Services.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Services.
Damages to, interruption of service or viruses that may infect your computer or telecommunications equipment arising from your access to or use of Services and its contents.
For additional disclaimers and information regarding health content, please read our HEALTH INFORMATION DISCLAIMERS, which are incorporated herein by reference.
The company makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. The company expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. the company does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. the company does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. the site, the service and the content are provided on an “as is” and “as available” basis.
ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER WEBSITES
LOCATION AND SURVIVAL
Health Fitness Wellness Club is based in San Francisco, CA, in the United States of America. Health Fitness Wellness Club makes no claims that the Content is 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 Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with Health Fitness Wellness Club, or in any way relating to your use of the Services and/or the Content, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Health Fitness Wellness Club or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Health Fitness Wellness Club on or by the Content and/or Services or otherwise disclosed, submitted, or offered in connection with your use of the Content and/or Services (collectively, “Comments”) shall be and remain Health Fitness Wellness Club’s property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Health Fitness Wellness Club of all worldwide right, title, and interest in all copyrights and other intellectual properties in the Comments. Health Fitness Wellness Club is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree not to post on or transmit through the Services any Comments or other material that:
• is unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically or otherwise objectionable in any manner;
• is an advertisement or promotion for any product or service that had not been approved in writing by Health Fitness Wellness Club;
• is false, misleading, or constitutes an unfair or deceptive trade practice;
• promotes the use of alcohol, tobacco, or any illegal substance;
• constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy;
• infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights; or
• contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit, or destroy the performance and/or functioning of any software, hardware, or other equipment.
You further agree that any Comments you provide do not contain any confidential, proprietary, or trade secret information of any third party, and will not be treated as confidential by Health Fitness Wellness Club. Health Fitness Wellness Club shall have no obligation to store, keep copies of, or return any Comments. Health Fitness Wellness Club further reserves the right (but does not have the obligation), in its sole discretion, to modify, delete, or remove any Comments from the Services that it deems to be in violation of the foregoing requirements.
INFORMATION YOU PROVIDE
You may not post, send, submit, publish, or transmit in connection with this site any material that:
- You do not have the right to post, including proprietary material of any third party
- Advocates illegal activity or discusses an intent to commit an illegal act
- Is vulgar, obscene, pornographic, or indecent
- Does not pertain directly to this site
- Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive
- Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise
- Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity
- Violates any law or may be considered to violate any law
- Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content
- Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site
- Solicits funds, advertisers or sponsors
- Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications
- Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site
- Includes MP3 format files
- Amounts to a ‘pyramid’ or similar scheme
- Disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site
- Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Without limiting the generality of the foregoing, Health Fitness Wellness Club shall have the right to:
• Remove or refuse to post any Comments for any or no reason in our sole discretion.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Services.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, We cannot review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, to the fullest extent permitted by applicable law, We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Health Fitness Wellness Club may from time to time post Content supplied by third parties and users (collectively “Third-Party Content”). In addition, if you register to receive our free newsletters and emails that promote the Services (“Newsletters”), you may receive Newsletters containing Third-Party Content or advertising that was sponsored by third parties.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of Health Fitness Wellness Club. Health Fitness Wellness Club does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Additional disclaimers and limitation of liability are noted below.
Protecting the online privacy of children is especially important to us, and those under the age of 13 are protected by federal law. For that reason, our Company does not knowingly permit children under the age of 13 to become registered members of our sites, or to buy goods and services on our sites, without verifiable parental consent. Our Company does not knowingly collect or solicit personal information about children under 13, except with their parent’s express consent.
If we ever include children under the age of 13 as part of our intended site audience, those specific web pages will, in accordance with the provisions of the Children’s Online Privacy Protection Act (COPPA), be clearly identified and provide an explicit privacy notice; and we will provide processes to obtain parental approval, provide access to information and allow parents to request removal of their children’s personal information.
NOTICES FOR REPORTING AND MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
This policy is intended to comply with the requirements of the Online Copyright Infringement Liability Limitation Act and the Digital Millennium Copyright Act.
Health Fitness Wellness Club will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Health Fitness Wellness Club’s copyright agent the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed upon.
• A description of where the material that you claim is infringing is located on the Services.
• Your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
YOUR PRIVACY RIGHTS
COMPLETE AGREEMENT AND AMENDMENTS
Thank you for your cooperation. We hope you find our Services helpful and convenient to use. Questions or comments regarding these Services, including any reports of non-functioning links, should be directed via email: [email protected]