Terms and Conditions of Use
Last Updated February 4, 2022.
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THE WEBSITE.
WEBSITE TERMS AND CONDITIONS OF USE
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
- Restrictions on Use. All pages within this Website and any material made available for download (collectively the “Site”) are the property of World of Wellness, LLC, an Ohio limited liability company (“Company”) and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of the Company You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by the Company.
- Trademark Notice.
- “World of Wellness” is a trademark and service mark of the Company. The Company name, the Company logo, the Company slogan, and all related names, logos, product and
- Infringement. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See Paragraph 2C below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
- Unauthorized Use of Materials.
(2) If you or any user of this site believes it's copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Copyright Agent (as identified below) immediately. To be effective, the notification must include the following information:
(a) Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
(b) Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
(c) Provide information reasonably sufficient to permit us to contact you (email address is preferred).
(d) Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
(e) Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
(f) Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
(g) Sign the paper.
(h) Send a copy of the communication to the following address:
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
By Mail: Attn: Copyright Agent, World of Wellness, 30401 Claremont Rd Willowick OH 44095
By Email [email protected]
- Warranty Disclaimer.
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. WE MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF MATERIALS ON OUR SITE.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF E SHALL CREATE A REPRESENTATION OR WARRANTY.
YOU UNDERSTAND AND AGREE THAT THE SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” AND THAT WE ASSUME NO RESPONSIBILITY FOR FALSIFIED/NEGATIVE/POSITIVE REVIEWS, THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
THROUGH YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS AND VENDORS. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY MERCHANDISE OR SERVICES OFFERED BY ANY PARTY, INCLUDING, BUT NOT LIMITED TO THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY TERMS RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE SELLER OR PURCHASER OF SUCH MERCHANDISE AND SERVICES AND YOU.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED
THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE SERVICES AVAILABLE THROUGH THIS SITE MAY OCCUR AS NORMAL EVENTS. YOU FURTHER UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THIRD PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF THE USE OF THIS SITE, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND OUR CONTROL.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ALTHOUGH THE COMPANY ATTEMPTS TO ENSURE THE INTEGRITY AND ACCURATENESS OF THE SITE, IT MAKES NO GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE SITE. IT IS POSSIBLE THAT THE SITE COULD INCLUDE INACCURACIES OR ERRORS, AND THAT UNAUTHORIZED ADDITIONS, DELETIONS AND ALTERATIONS COULD BE MADE TO THE SITE BY THIRD PARTIES. IN THE EVENT THAT AN INACCURACY ARISES, PLEASE INFORM THE COMPANY SO THAT IT CAN BE CORRECTED. INFORMATION CONTAINED ON THE SITE MAY BE CHANGED OR UPDATED WITHOUT NOTICE.
- Assumption of Risk and Waiver of Liability. You agree to hold the Company harmless and indemnify the Company for any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this website. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website. You agree that you have been informed of, and understand, and are aware that strength, flexibility, and aerobic exercise, including the use of equipment, are potentially hazardous activities.
You also acknowledge and agree that you have been informed of, understand, and are aware that fitness activities involve risk of injury, including remote risk of death or serious disability, and that you are voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. You hereby agree to expressly assume and accept any and all risks of injury and death, and hereby release and forever discharge the Company from liability now and in the future, foreseen and unforeseen, including but not limited to heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heart prostration, knee/lower back/foot injuries and any other illness, soreness, injury, or death, however caused, occurring during or after your presence and participation in the activities provided by the Company. The information, software, products, and services available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company may make improvements or changes in the website at any time.
The Service is controlled, operated and administered by the Company from within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company resources accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations
- Confidential and Proprietary Information. The Company does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to the Company through the Site will be deemed NOT to be confidential. By sending the Company any information or material, you grant the Company an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that the Company is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
- Links or Pointers to Other Sites. Company makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-company Website, please understand that it is independent from the Company and that the Company has no control over the content on that Website. In addition, a hyperlink to a non-Company Website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
- Use of Forms. The Company provides various forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our forms for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit forms in any manner, except for modifications in filling in the forms for your authorized use. By ordering or downloading forms, you agree that the forms you purchase or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company.
- Use of Paid Courses, Programs and Materials. The Company may provide various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Programs”) for your personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Programs in any manner. By ordering or participating in Programs, you agree that the Programs you purchase or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company. By ordering or participating in Programs you further agree that you shall not create any derivative work based upon the Programs and you shall not offer any competing products or services based upon any information contained in the Courses. By participating in such programs you agree to the assumption of risk and waiver of liability.
- Choice of Law and Venue; Limitation of Actions.
- These Terms and Conditions are entered into in the State of Ohio and shall be governed by and construed in accordance with the laws of the State of Ohio, exclusive of its choice of law rules. By accessing this site both you and Company agree that the statutes and laws of the State of Ohio, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Ohio with respect to such matters. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in or closest to the County of Lake in the State of Ohio , and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
- Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
- No Unlawful or Prohibited Purpose. As a condition of your use of this Site, you warrant to the Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.