The following terms and conditions govern all use of the uverse fitness website and all content, services and products available through the website, including, but not limited to, the uverse fitness client area, uverse community, uverse nutrition, uverse fitness, and corporate wellness global inc. (collectively referred to as the website).
The website is owned and operated by corporate wellness global inc, dba uverse fitness
Please read this agreement carefully before accessing or using the website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by uverse fitness, acceptance is expressly limited to these terms. The website is available only to individuals who are at least 13 years old.
Account of website.
You are responsible for maintaining the security of your account of website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify uverse fitness of any unauthorized uses of your account or any other breaches of security. Uverse fitness will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Contribution to website.
If you leave comments anywhere on the website, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, “content”), you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text, graphics, audio, or computer software. By making content available, you represent and warrant that the downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
You have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms;
The content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content; the content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
The content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
By submitting content to uverse fitness for inclusion on our website, you grant uverse fitness a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.
Without limiting any of those representations or warranties, uverse fitness as the right (though not the obligation) to, in uverse fitness’ sole discretion (i) refuse or remove any content that, in uverse fitness’ reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in uverse fitness’ sole discretion. Uverse fitness will have no obligation to provide a refund of any amounts previously paid under these circumstances.
The website offers numerous products and services for sale. The website does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however we make no guarantees of timeliness or immediacy.
If you choose to request a download link for the free trial version of uverse fitness or purchase a uverse fitness membership license, we will add your email address to the uverse fitness newsletter (as noted on the free trial request page). Our newsletter is designed to keep you up to date with uverse fitness-related developments, updates, releases, and other relevant items. You can instantly unsubscribe from this mailing list at any time you like by clicking the unsubscribe link provided in the newsletter email messages. You may also join the newsletter from our blog.
Responsibility of website visitors
By operating the website, uverse fitness does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. The website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Uverse fitness disclaims any responsibility for any harm resulting from the use by visitors of the website.
Copyright infringement and dmca policy. As uverse fitness asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by uverse fitness.com violates your copyright, you are encouraged to notify uverse fitness in accordance with common dmca policies. Uverse fitness will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of uverse fitness or others, uverse fitness may, in its discretion, terminate or deny access to and use of the website. In the case of such termination, uverse fitness will have no obligation to provide a refund of any amounts previously paid to corporate wellness global inc.
This agreement does not transfer from uverse fitness to you any uverse fitness or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with corporate wellness global inc. Uverse fitness, logo, and all other trademarks, service marks, graphics and logos used in connection with uversecommunity.com or uversefitness.com, or the website trademarks or registered trademarks of uversecommunity or uverse fitness’ licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any uversecommunity or uverse fitness or third-party trademarks.
Uverse fitness reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this agreement constitutes acceptance of those changes. Uverse fitness may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this agreement.
Uverse fitness may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your account of website (if you have one), you may simply discontinue using the website. Notwithstanding the foregoing, if you have an account, such account can only be terminated by uverse fitness if you materially breach this agreement and fail to cure such breach within thirty (30) days from uverse fitness’ notice to you thereof; provided that, uverse fitness can terminate the website immediately as part of a general shut down of our service. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of warranties
The website is provided "as is". Uverse fitness and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither uverse fitness nor its suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.
Limitation of liability
In no event will corporate wellness global inc. Or website, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to corporate wellness global or uverse fitness under this agreement during the twelve (12) month period prior to the cause of action. Uverse fitness shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General representation and warranty
You agree to indemnify and hold harmless the website, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to your violation of this agreement.
This agreement constitutes the entire agreement between the website, uverse fitness, uverse nutrition, uverse community and corporate wellness global inc and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of corporate wellness global, or by the posting by the website of a revised version. Except to the extent applicable law, if any, provides otherwise, this agreement, any access to or use of the website will be governed by the laws of the state of new york, u.s.a., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in erie county, new york. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this agreement shall be finally settled in accordance with the comprehensive arbitration rules of the judicial arbitration and mediation service, inc. (“jams”) by three arbitrators appointed in accordance with such rules. The arbitration shall take place in buffalo, new york, in the english language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys’ fees. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms and conditions; corporate wellness global doing business as uverse fitness, may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Online nutrition services (powered by uverse nutrition) – agreement terms and conditions
Not all nutrition or exercise programs are suitable for everyone. The material in the uverse nutrition feature is provided for educational and informational purposes only and is not intended as medical advice. The information conatined in this feature should not be used to diagnose or treat any illness, metabolic disorder, disease, or health problem. Always consult your physician or health care provider before beginning any nutrition or exercise program. Use of the programs, advice, and information contained in this feature is at the sole choice and risk of the reader.
Uverse nutrition operates an online, computerized interactive information, communication and transaction system (the "system") which provides access to a variety of nutritional information. Uverse nutrition will provide to customer the services (the "services"). The term "customer" shall, when the context permits, include customer's officers, employees, agents and contractors.
Disclaimer of warranty
Customer expressly agrees that use of the services and the system and the material therein and storage of information which appears in the system is at customer's sole risk. The services and the system are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or noninfringement or implied warranties of merchantability or fitness for a particular purpose or use other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. No advice or information given by uverse nutrition, its contractors, agents, affiliates or vendors or their respective employees shall create a warranty.
Customer agrees to defend, indemnify and hold uverse nutrition and corporate wellness global inc. Its affiliates, contractors, agents, vendors and their respective employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to or arising from: (a) any violation of this agreement by customer, (b) the use of the system or the internet or the placement or transmission of any message, information or other materials on the system or the internet by customer, (c) acts or omissions of customer in connection with the construction, installation, maintenance, presence, use or removal of systems, channels, or terminal equipment or software not provided by uverse nutrition which are connected or are to be connected to the system; and (d) claims for infringement of patents arising from the use of equipment and software, apparatus and systems not provided by uverse nutrition in connection with the services and the system.
Right to restrict access
Uverse nutrition may deny customer access to all or part of the system without notice if customer engages in any conduct or activities that uverse nutrition in its sole discretion believes violates any of the terms and conditions in this agreement. If uverse nutrition denies customer access to the system because of such a violation, the customer shall have no right (1) to access through uverse nutrition any materials stored on the system, (2) to obtain any credit(s) otherwise due to customer, and such credit(s) will be forfeited, (3) to access third party services, merchandise or information on the system through uverse nutrition, and uverse nutrition shall have no obligation to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification or restriction of customer's access.
Access to the system, and to certain online transactions involves the use of identification numbers, passwords, charge or debit accounts or other individualized nonpublic information ("private documentation"). Customer shall use its best efforts to prevent unauthorized use of the system or of any private documentation, and shall promptly report to uverse nutrition any suspected unauthorized use or other breach of security. Customer shall be responsible for any unauthorized use of its identification numbers or passwords until uverse nutrition receives written notice of a breach of security and a request to block further access for such numbers and passwords. Uverse nutrition shall not be liable for any unauthorized use of charge, debit or other credit accounts.
Term and termination
this agreement shall be automatically renewed for successive one-month periods, until canceled by customer. Uverse nutrition shall have the right to terminate this agreement immediately in the event of a breach of any of its terms by customer or without cause.
Entire agreement; guidelines
All prior or contemporaneous agreements, contracts, promises, representations, if any, between the parties or their representatives related to the subject matter of this agreement are merged into this agreement and the application form(s). These terms and conditions, along with any operating rules or guidelines published over the system by uverse nutrition, constitute the entire agreement between uverse nutrition and customer with respect to the services. No amendment to this agreement shall be effective unless acknowledged in writing by uverse nutrition. Customer agrees to comply with uverse nutrition's operating rules and guidelines, which may be amended from time to time at uverse nutrition's sole discretion.
Jurisdiction and venue. This agreement shall be governed by, and construed in accordance with, the laws of the state of new york, exclusive of choice of law rules. Venue for any action arising out of or in new york with this agreement shall be in erie county, new york. The parties each hereby consent to the jurisdiction and venue in erie county and waive any objections to such jurisdiction and venue.
If any portion of this agreement is wholly or partially unenforceable, for any reason, such unenforceability shall not affect the balance hereof.
Customer may not assign its rights or obligations under this agreement without the prior written consent of uverse nutrition, which may be withheld in uverse nutrition's sole discretion. No waiver. Uverse nutrition's failure to insist upon or enforce any provision of this agreement shall not be construed as a waiver of any provision or right.
This agreement (and any amendments hereto) represents a binding written contract, whether executed by each party on paper or accepted by electronic communication.