Effective Date: February 3, 2014
WHOLETRITION WELLNESS TERMS OF SERVICE
THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WHOLETRITIONWELLNESS.COM (THE â€œSITEâ€) AND THE SERVICES OFFERED BY WHOLETRITION WELLNESS (â€œWWINCâ€ AND COLLECTIVELY WITH THE SITE, THE â€œSERVICEâ€). BY USING THE SITE OR SERVICE YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE.
Acceptance of Terms
WWINC was founded to address two needs:Â a place for the holistic practitioner to cater to their clients and a place for community to benefit from those holistic services.
When you visit this site, send emails to WWINC or request information via email or other mobile device, you are communicating with us electronically and consenting to receive communications electronically.Â This consent also includes receiving Notices posted to this Site electronically.
Subject to these Policies, WWINC may offer to provide the Service, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services WWINC performs for you authorized by WWINC, as well as the offering of any materials displayed or performed on or through the Site or the Services (including Content (as defined below)).
The Service is available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract, and that all information you submit is accurate and truthful. WWINC may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. Any use of the Service by persons under the age of 18 will be by permission of a legal guardian.Â This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Modification of Terms of Service
Rules and Conduct
You shall not, as determined in WWINC’s sole discretion: (i) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (ii) bypass any measures WWINC may use to prevent or restrict access to the Service; (iii) share the materials downloaded from the Site; or (iv) use manual or automated software, devices, or other processes to â€œcrawl,â€ â€œspiderâ€ or in any other way â€œscrubâ€ any page of the Site.
You shall not in any way: (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service; (ii) modify, translate, or otherwise create derivative works of any part of the Site; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
WWINC does not guarantee that any Content will be made available on the Site or through the Service. WWINC has no obligation to monitor the Site, Service or Content.
WWINC, in its discretion, reserves the right to remove, edit or modify any Content from the Site or Service at any time, without notice to you and for any reason, or for no reason at all.
Third Party Sites and Services
The Site may link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under WWINC’s control, and you acknowledge that WWINC is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by WWINC or any association with its operators. You further acknowledge and agree that WWINC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
As well, any website linked to WWINC may or may not be affiliated with WWINC.Â It is up to you to make an independent decision regarding your interaction or communication with such website.Â As such, you hold WWINC free from liability and responsibility when communicating or interacting with such websites.
Information contained in any and all reviews posted to the Service of third parties is for informational purposes only.Â WWINC does not assume any responsibility or liability for reliance on such reviews.Â WWINC welcomes all comments and will review comments, but does not guarantee that such comments will be reflected in those reviews.Â Please send your comments to info@WHOLETRITIONWELLNESS.com.
Practitioners and Instructors (â€œService Providersâ€) listed on the Site or independent parties and are not under the control of WWINC.Â You further acknowledge and agree that WWINC shall not be responsible or liable, directly or indirectly, for any injury, damage or loss caused or alleged to be caused by or in connection with the use of the services of any Practitioner or Instructor.Â While we do vet the Service Providers, your use of their services are at your own discretion and those Service Providers are responsible for the services that they provide to you.Â Likewise, any blog post presented by the Service Provider is the view of the Service Provider and should not be construed as the opinion or endorsed by WWINC.
If you believe that any Service Provider advertised on the Service or any advertisement on the Service violates any policies stated in the Terms or anywhere else on the Site, please send your concerns to info@WHOLETRITIONWELLNESS.com.Â While WWINC welcomes and reviews all concerns, WWINC does not guarantee that such concerns will be acted upon by WWINC.
Content and License
You agree that the Site contains Content specifically provided by WWINC and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Site. Specifically, WWINC and its logo is a trademark WWINC as well as the text, graphics, website design, software, functionality, etc. is subject to copyright protection by WWINC.
WWINC grants each user of the Site a limited, non-exclusive, non-sublicensable and non-transferable license to use the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from WWINC. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
WWINC encourages you to tell us what you think.Â User Reviews can take the form of text, graphic images, video, and audio files.Â All User Submissions are voluntary.Â If you choose to submit something (including any User generated content, ideas, concepts, techniques and data) you warrant that this is your original work or you have the rights to the User Submission.
By submitting to WWINC you must grant, and you actually grant through this Agreement, a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right to WWINC to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to WWINC, without any further consent, notice and/or compensation to you or to any third parties.
By submitting any information to WWINC, you represent and warrant that such submission is not illegal, obscene, threatening, defamatory, invasive of any third partyâ€™s privacy, infringing of any third partyâ€™s intellectual property rights, or otherwise injurious to third parties or objectionable.Â You also represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform WWINC in the event that any such information has changed since your submission to the Service.
WWINC exercises no control over any content you or others submit while using the Service. WWINC has no obligation to verify the identity of any Users when they are connected to the Service or to supervise the content that has been provided by Users. Should you believe that someone is misusing or otherwise misappropriating your information, you must immediately inform WWINC at info@WHOLETRITIONWELLNESS.com.Â WWINC reserves the right, but not the obligation, to remove or edit such content.Â WWINC does not regularly review posted content.Â WWINC takes no responsibility and assumes no liability for any content posted by you or any third party.
Information you reveal on the Site and Service is at your own discretion and is considered published to the public.Â It is encouraged that you not communicate to WWINC and its Users any information the dissemination of which could be harmful to you.
If you believe that any User Reviews on the Service violate any policies stated in the Terms or anywhere else on the Site, please send your concerns to info@WHOLETRITIONWELLNESS.com.Â While WWINC welcomes and reviews all concerns, WWINC does not guarantee that such concerns will be reflected in those User Reviews.
Yoga/Event Sign Up
WWINC provides the Yoga/Event Sign Up (the â€œSign Upâ€) as a convenience.Â A Sign Up does not guarantee participation in a class or event.Â WWINC does not warrant that the Sign Up is error free and is provided as is and as available.Â WWINC does not assume any liability for a Sign Up that was not transmitted to WWINC either due to technical error or otherwise or a Sign Up that was received after an event is sold out.Â It is the Users responsibility to confirm Sign Up to an event.Â In any event, the maximum liability for a Sign Up not received or not accommodated by WWINC is the amount paid by the User for the class or event.Â WWINC will do its best to accommodate Sign Ups.
Intellectual Property Rights
WWINC respects copyright laws and the intellectual property rights of others.
Site Content, Software and Trademarks: You acknowledge and agree that the Site and Service may contain content (“Site Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by WWINC, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Site Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Site Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Site and Service or distributed in connection therewith is the property of WWINC, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by WWINC.
User Content Transmitted Through the Site and Service: You are solely responsible for the content and other materials you upload through the Service or share with other users or recipients (collectively, “User Content”). User Content includes, but is not limited to, any text, photographs, videos, audio clips, comments, links, software, scripts, graphics, and interactive features made accessible through WWINC on or through the Service. You will not upload any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. You affirm and warrant that you are the rights holder or are properly licensed to use any and all User Content. By uploading any User Content you hereby grant and will grant WWINC and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you to WWINC are non-confidential and WWINC will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Copyright Complaints: WWINC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify WWINC of your infringement claim in accordance with the procedure set forth below.
WWINC will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to WWINC’s Copyright Agent at:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, WWINC will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
WWINC may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your registration. If you wish to terminate your subscription to the mailing list and any/all updates, you may do so by following the instructions on the Site.
WWINC has no special relationship with or fiduciary duty to you. WWINC has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release WWINC from all liability for you having acquired or not acquired Content through the Service. While we try to tailor third party content to our audience, the Service may contain, or direct you to websites containing information that some people may find offensive or inappropriate. WWINC makes no representations concerning any Content contained in or accessed through the Service, and WWINC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
WWINC DOES NOT WARRANT OR GUARANTEE ANY RESULTS FOR ANY ASPECTS OF YOUR PROFESSIONAL OR PERSONAL LIFE, FOR WHICH YOU USE THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR CAPACITY AS A USER, VIEWER, BLOGGER, AND/OR ADVERTISER.Â THERE IS NO IMPLIED SUCCESS IN UTILIZING THE SITE AND SERVICE OF WWINC AND WWINC WILL NOT BE HELD LIABLE FOR ANY RESULT, PROFESSIONAL OR PRIVATE, FOR WHICH YOU USE THE MATERIAL OR USE THE SERVICE FOR PROMOTION PURPOSES.
THE SITE AND SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLEâ€ AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WWINC, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SITE AND SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE AND SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE AND SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE AND SERVICE IS SOLELY AT YOUR OWN RISK.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE: WWINC TAKES EVERY MEASURE TO ENSURE THE SECURITY OF THE SITE AND SERVICE, BUT GIVEN THE NATURE OF THE INTERNET, MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED THROUGH THE SERVICE OR STORED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.
You shall defend, indemnify, and hold harmless WWINC, its affiliates and each of its affiliateâ€™s employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, the Service, Content, your violation of the Terms of Service, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. WWINC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with WWINC in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL WWINC, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITE: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) USER’S PAYMENTS FOR THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Integration and Severability
The Policies are the entire agreement between you and WWINC with respect to the use of the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and WWINC with respect to the Service. If any provision of the Policies is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Policies will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Assignments and Transfers
The Policies are personal to you, and are not assignable, transferable or sublicensable by you except with WWINC’s prior written consent. WWINC may assign, transfer or delegate any of its rights and obligations hereunder without consent.
Non-creation of Legal Relationship
No agency, partnership, joint venture, employment, or independent contractor relationship is created as a result of the Policies and neither party has any authority of any kind to bind the other in any respect.
All notices under the Policies will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
WWINC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WWINCâ€™s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
You may contact WWINC at the following address: info@WHOLETRITIONWELLNESS.com.