User Agreement
WELLNESS CONNECT – WELLNESS PORTAL LICENSE AGREEMENT
This Agreement acknowledges and dictates your use of the WELLNESS CONNECT ("WC") software and Wellness Portal (the "Portal") and it exempts WC from liability or limits liability. As you utilize the Portal you acknowledge your understanding and acceptance of the agreement, and you have the legal right to accept this Agreement on behalf of yourself. If you do not agree with any part of this Agreement, you may not be given access to use the Wellness Portal.
Trade-mark Information
WC and Wellness Connect are trademarks or trade names owned by WC.
Any use of the trademarks, service marks, trade names or logos displayed on or in connection with the Wellness Portal is strictly prohibited, and nothing appearing on or in connection with the Wellness Portal will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of those marks.
Permitted Use of Products
The Wellness Portal (including all content) is the property of WC, and is protected by United States copyright, trademark and other laws. Under this Agreement, WC grants you a non-exclusive license to use the Wellness Portal. WC may revoke your license at anytime in its sole discretion. Your use of Wellness Portal does not transfer to you any ownership or other rights.
You may print Wellness Portal pages provided that you do not alter any of the pages. The Wellness Portal and its content may not be copied, data mined, imitated, reproduced, republished, or distributed in any way, in whole or in part, without the express prior written consent of WC. You may not sell or resell any part of Wellness Portal or the Software or access to Wellness Portal or the Software, without the express prior written consent of WC.
Disclaimers, Liability and Indemnity
Access to the Wellness Portal is at your own risk, without any representations, warranties or conditions of any kind, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, completeness, lack of negligence, non-infringement, performance, privac, security, uninterrupted service, viruses, all of which are hereby waived by you and disclaimed by WC to the fullest extent permitted by law. Without limiting the generality of the foregoing, WC is not responsible for any medical conditions arising from the use of the Wellness Portal. WC provides generalized information only. Specialized advice can only be provided by your medical care professional. WC strongly advises consulting with a physician before commencing any health or fitness program.
Liability Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of this agreement, under no circumstances will WC ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Wellness Portal, this Agreement, the subject matter of this Agreement, the termination of this Agreement or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by WC or any person for whom WC is responsible, and even if WC has been advised of the possibility of such loss or damage being incurred.
Liability Limitation
Without limiting the generality of the foregoing and notwithstanding any other provision of this agreement, under no circumstances will the total aggregate liability of WC to you or any other person under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by WC or any person for whom WC is responsible, and even if WC has been advised of the possibility of such potential loss or damage being incurred, ever exceed ONE HUNDRED DOLLARS $100. You hereby release, remise and forever discharge WC from any and all liability in excess of ONE HUNDRED DOLLARS $100.
Indemnity
As a User of this Wellness Portal you agree to indemnify, defend and hold WC harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by WC in connection with any claim, demand or proceeding arising out of, related to, or connected with your access to or use of the Wellness Portal.
Personal Data and Information
Utilization of the Wellness Portal means that you represent, where applicable you are in compliance with any and all laws that govern your use of the Wellness Portal in connection with Personal Data. WC assumes no responsibility whatsoever for compliance with any such laws that may apply to your use of the Wellness Portal in connection with such Data.
Acknowledgement
You acknowledge and agree that this Agreement represents a fair allocation of risk and liability. Advice and information provided by WC, whether oral or written, will not create any representation, warranty, condition or guarantee or vary or amend this Agreement (including this Section), and you may not rely upon any such advice or information.
Governing Law
Access to use the Wellness Portal are governed solely by the laws of the United States excluding any rules of private international law that would lead to the application of any other laws. Any dispute between you and WC or any other person arising from, connected with or relating to the Wellness Portal or this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of the United Sates, and you hereby irrevocably submit and to the original and exclusive jurisdiction of those courts in respect of all Disputes.
Any rights not expressly granted by this Agreement are reserved to WC.