Terms of Service
Welcome to Corporate Wellness Nutrition, operated by Wellness Coaches USA (“WELLNESS COACHES USA”) and located at https://corporatewellnessnutrition.com/ The following terms and conditions (“Terms”) govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 16 years of age, you are not granted permission to use this Site and must exit immediately.
- Informational Purposes Only. The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, WELLNESS COACHES USA is not responsible for any errors or omissions in the Site or Site Materials, as defined in Section 3 of these Terms and Conditions.
- Registration. In order to access certain content, services, products or benefits on the Site, you may be asked to register and create an account. As part of the registration process, you must click to agree to these Terms, and may then be asked to select a user name and password. You may also be required to provide WELLNESS COACHES USA with certain information about yourself including some types of personally identifying information such as your email and your address. You are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password. You may terminate your account at any time by contacting us by email at [add].
- Proprietary Rights. As between you and WELLNESS COACHES USA, WELLNESS COACHES USA owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and WELLNESS COACHES USA, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to WELLNESS COACHES USA or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
- Unauthorized Activities. You agree that you will not use the Site for (a) any illegal
or unauthorized purposes that violate any local, national, or international laws (including
but not limited to import, export, copyright, and trademark laws); (b) modifying, copying,
distributing, displaying, performing, reproducing, publishing, licensing, creating
derivative works from, transferring, selling any of the Site Materials, unless otherwise
authorized by these Terms or in a separate written agreement with WELLNESS
COACHES USA; (c) attempting to gain unauthorized access to WELLNESS COACHES
USA’s computer system or engaging in any activity that interferes with the performance
of, or impairs the functionality of the Site or any services provided through the Site; or
(d) removing, circumventing, disabling, damaging or otherwise interfering in any way
with any security-related features of the Site aimed at preventing or restricting the
unauthorized use of the Site or any of the Site Materials. You may use the Site and the
Site Materials consistently with Section 3 of these Terms. Any other use of the Site or
Site Materials, including but not limited to the aforementioned unauthorized uses,
without prior written permission of WELLNESS COACHES USA is strictly prohibited.
You acknowledge and agree that the unauthorized use of the Site or the Site Materials
could cause irreparable harm to WELLNESS COACHES USA and that in the event of
such unauthorized use, WELLNESS COACHES USA shall be entitled to an injunction in
addition to any other remedies available at law or in equity.
- Materials Submitted to the Site. Certain features of the Site may allow you to
contribute comments, feedback, information, content, text, files, graphics, postings, and
other materials and information for access, use, viewing and commentary by other
users to the Site (“User Content”). By posting User Content, you represent that you
have the full legal right to provide the User Content and that use of the User Content by
the Site and all other persons and entities will not (a) infringe any intellectual property
rights of any person or entity or any rights of publicity, personality, or privacy of any
person or entity, including as a result of your failure to obtain consent to post personally
identifying or otherwise private information about a person; (b) violate any law, statute,
ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential
information owned by any third party. Upon your submission of User Content or other
material or information to WELLNESS COACHES USA, you grant WELLNESS
COACHES USA a worldwide, perpetual, irrevocable, transferable, license to access,
use, distribute, reproduce, display, modify, create derivative works based upon, and
sublicense, the User Content, all without any compensation to you whatsoever. If you
believe that any content or postings on the Site violate your intellectual property or other
rights, please follow our Complaint Procedure in Section 12 of these Terms.
- Third Party Web Sites and Content. The Site is available for informational
purposes only. The Site may contain links to other Internet Web sites for the
convenience of users in locating information, products, or services that may be of
interest. Use of such third party links, the Site and the Site Materials and any other
material or content on and made available through the Site is entirely at your own risk.
WELLNESS COACHES USA does not recommend and expressly disclaims any
responsibility for the content, the accuracy of the information, or quality of products or
services provided by or advertised on third party sites or the transactions you conduct or
enter into with third parties. Your use of any third party’s website is at your own risk, and
subject to the terms and conditions of such other websites. WELLNESS COACHES
USA does not endorse any product, service, or treatment provided on a third party
website or advertised or provided on the Site.
- Privacy Policy. Any personal information that you provide to WELLNESS
COACHES USA on the Site is subject to our Privacy Policy. For more information, view
the Privacy Policy, which is incorporated into these Terms by reference, as if set forth
fully herein. Please be advised that the confidentiality of any communication or material
transmitted to WELLNESS COACHES USA via the Site or Internet electronic mail
cannot be guaranteed, including, for example, personal information such as your
address or name.
- Disclaimer. WELLNESS COACHES USA, its subsidiaries, and affiliates, are not
responsible for and do not guarantee the accuracy or completeness of any Site
Materials, User Content, products, data, services, links, advertisements or other items
contained within the Site. WELLNESS COACHES USA reserves the right to
immediately remove any Site Materials or User Content for any reason or for no reason.
WELLNESS COACHES USA cannot and does not review all communications or
products made available on or through the Site, but, although not obligated to, may
review, verify, make changes to or remove any User Content, Site Materials, the Site or
the products or services made available in connection with the Site, including
information submitted in connection with the Site Materials or other features at any time,
with or without notice in its sole discretion. You agree that you must evaluate and bear
all risks associated with the use of Site Materials or User Content and that you may not
rely on such Site Materials or User Content.
THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS,
INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE
THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.”
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. WELLNESS COACHES USA
AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND
DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE
SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA
AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE,
EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF
DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NONINTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK
AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS
AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE
SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN
AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
- LIMITATION of Liability. WELLNESS COACHES USA AND ITS LICENSORS
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE
DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST
PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR
INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS,
SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE
AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER
OR NOT YOU OR WELLNESS COACHES USA HAD BEEN ADVISED OF THE
POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE
REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.
UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF WELLNESS
COACHES USA AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR
ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE,
USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH
THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS
OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU
DURING THE PRECEDING YEAR FOR USE OF THE SITE AND THE SERVICES
AND PRODUCTS. SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART
OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR
UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF
WELLNESS COACHES USA AND ITS LICENSORS SHALL NOT EXCEED TEN
DOLLARS ($10). If you are dissatisfied with the Site or with any of these Terms, or feel
WELLNESS COACHES USA has breached these Terms, your sole and exclusive
remedy is to discontinue using the Site.
- Indemnification. You shall indemnify WELLNESS COACHES USA and its
directors, officers, employees, agents, contractors and licensors (“WELLNESS
COACHES USA Indemnitees”) against all claims, actions, suits, and other proceedings
(“Claims”) arising out of or incurred in connection with the Site and your use of the Site,
the Site Materials or any services, product or data obtained through the Site, your fraud,
violation of law, negligence, willful misconduct, or any other use of the Site, the User
Content, the Site Materials, the services, products, information and other materials on,
in and made available through the Site, except to the extent attributable to WELLNESS
COACHES USA, or any breach by you of these Terms and shall indemnify and hold
WELLNESS COACHES USA Indemnitees harmless from and against all judgments,
losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees
and attorneys’ disbursements) arising out of or incurred in connection with such Claims.
You may not settle any Claim without the prior written consent of WELLNESS
COACHES USA. WELLNESS COACHES USA or its licensors may assume the defense
of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable
respects in such defense. You shall have the right to employ separate counsel in any
Claim and to participate in the defense thereof. If WELLNESS COACHES USA or its
licensors do not notify you that it elects to undertake the defense thereof, you shall have
the right to defend the Claim with counsel reasonably acceptable to WELLNESS
COACHES USA, subject to the right of WELLNESS COACHES USA to assume, at their
sole cost and expense, the defense of any Claim at any time prior to the settlement or
final determination thereof.
- Internet Security. WELLNESS COACHES USA uses reasonable efforts to ensure
that the Site is generally available. However, there will be occasions when access to the
Site will be interrupted or unavailable. WELLNESS COACHES USA will use reasonable
efforts to minimize such disruption where it is within its reasonable control. You agree
that WELLNESS COACHES USA shall not be liable to you for any modification,
suspension or discontinuance of the Site. You understand that the technical processing
and transmission of any Site content may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Please be advised that we do not
guarantee that any information sent from our Site will be secure during transmission,
nor can we guarantee the confidentiality of any communication or material transmitted
to WELLNESS COACHES USA via the Site or the Internet, including, for example,
personal information such as your name or address.
- Complaint Procedures. If you believe that any content or postings on this Site
violates your intellectual property or other rights, please notify WELLNESS COACHES
USA by email at [add] with a comprehensive detailed message setting forth the
following information: (a) your name and the name of your company, if any; (b) your
contact information, including your email address; (c) the nature and substance of your
complaint, the specific rights at issue, and your basis for making the complaint,
including the content or posting that is objectionable; and (d) the following statement:
“The statements, representations, and assertions made in this message are true,
complete, and accurate and I have the full legal authority to make each and every such
statement, representation, and assertion and to make and be granted any demand
made in this message.”
- Changes to these Terms; Termination. WELLNESS COACHES USA reserves
the right at any time to modify, alter or update these Terms. Your use of the Site
following any changes means that you agree to follow and be bound by the terms as
changed. Any change to these Terms shall be effective as to any visitor who has visited
the Site before the change was made. It is the obligation of users visiting the Site before
the change to learn of changes to the Terms since their last visit. WELLNESS
COACHES USA may suspend or terminate your account and/or your ability to use the
Site, or any services on the Site, for failure to comply with these Terms, for providing
WELLNESS COACHES USA with untrue or inaccurate information about yourself, for
infringement upon WELLNESS COACHES USA proprietary rights, or for any other
reason whatsoever or for no reason.
- Governing Law and Jurisdiction. These Terms represent the entire agreement
between you and WELLNESS COACHES USA with respect to the subject matter
hereof, and supersede any and all prior and contemporaneous written and oral
representations, understandings, and agreements, express and implied, and will be
governed by and construed in accordance with the laws of Montgomery County,
Pennsylvania, without reference to its conflict of law rules; PROVIDED, HOWEVER,
THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED
THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE
UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE
NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS
SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY
PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR
MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works,
content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction
of the federal and state courts located in Harrisburg, Pennsylvania ; (b) accept service
of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury
and any jurisdictional and venue defenses otherwise available.
- Miscellaneous. The Site is controlled and operated from within the United States.
Without limiting anything else, WELLNESS COACHES USA makes no representation
that the Site, Site Materials, User Content, services, products, information or other
materials available on, in, or through the Site is appropriate or available for use in other
locations, and access to them from territories where they are illegal is prohibited. Those
who choose to access the Site from other locations do so on their own volition and are
responsible for compliance with applicable laws. The waiver or failure of WELLNESS
COACHES USA to exercise in any respect any right provided hereunder shall not be
deemed a waiver of such right in the future or a waiver of any of other rights established
under these Terms. Headings used in these Terms are for reference only and shall not
affect the interpretation of these Terms. No person or entity not party to this agreement
will be deemed to be a third-party beneficiary of these Terms or any provision hereof.
When used herein, the words “includes” and “including” and their syntactical variations
shall be deemed followed by the words “without limitation.”