Terms of Use

PUREWELLNESS TERMS OF USE

PureWellness or its licensors provide this website, content, products, software and services (collectively referred to as the "Service") to its members subject to the following terms and conditions ("Terms of Use"). BY REGISTERING TO USE THE SERVICE AND BECOMING A MEMBER ("MEMBER"), YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND THAT YOU EXPRESSLY AGREE TO BE BOUND BY THEM FOR AS LONG AS YOU CONTINUE TO BE A MEMBER. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, PLEASE DO NOT REGISTER FOR OR USE THE SERVICE. You should print or otherwise save a copy of these Terms of Use for your records. "PureWellness" as used herein means Kaufman and Keen, Inc. d/b/a PureWellness.

1.    MEMBERS. To register or use the Service you: (i) must be of legal age to form a binding contract with PureWellness, (ii) must be an employee (or an eligible dependent of an employee) of a customer of PureWellness or a customer of a PureWellness licensee ("Customer"), (iii) must be authorized by Customer to access and use the Service, iv) cannot be competitor of PureWellness or engaged in the business of developing, marketing or supporting services and/or products substantially similar to the Service. By accepting these Terms of Use you represent that you understand and agree to the foregoing.

2.    THIS SERVICE IS FOR INFORMATIONAL PURPOSES ONLY. THE SERVICE IS FOR NON-COMMERCIAL, INFORMATIONAL PURPOSES ONLY AND DOES NOT PROVIDE MEDICAL ADVICE. PUREWELLNESS IS NOT A MEDICAL ORGANIZATION AND OUR STAFF CANNOT GIVE YOU MEDICAL ADVICE OR DIAGNOSIS. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE PARTICIPATING IN ANY WELLNESS PROGRAM, DIET OR OTHER REGIMEN OR IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION. PUREWELLNESS AND ANY CREATORS, DISTRIBUTORS, LICENSORS, OR PRODUCERS OF THIS WEBSITE DISCLAIM ANY LIABILITY, LOSS OR DAMAGES IN CONNECTION WITH THE INFORMATION PROVIDED WITH THE SERVICE.

3.    PRIVACY AND SECURITY. Our Privacy Policy applies to use of this website and the Service, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Service, you acknowledge and agree that the Internet is never completely private or secure. You understand that any message or information, including personal information, you post or transmit to this website may be read or intercepted by others, even if a particular transmission is encrypted.

4.    ACCEPTABLE USE. As a Member, you agree not to use the Service in any manner that damages or is likely to damage our reputation, the availability or integrity of our Service, Members, or others. We will take any action we deem appropriate, including suspending or terminating your access to the Service, to maintain the high quality of our Service and to protect our Members, ourselves and others. By way of example and not limitation, you agree to the following:

·         You may access the Service only for your own personal, non-commercial use. Any other use is prohibited unless agreed to by PureWellness in writing.

·         You will use the Service in a manner consistent with any and all applicable laws and regulations, and with these Terms of Use.

·         You will not include any of the following information in your profile: street addresses, last names and offensive sexually suggestive material or language.

·         You will not use the Service to engage in advertising or solicitation to other Members to buy or sell any products or services.

·         You may not authorize others to use your membership.

·         You may not assign or otherwise transfer your account to any other person or entity.

·         You will abide by our Copyright and Proprietary Information Policy at all times.

·         You will not damage, disable, disrupt, impair, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Service, its computer systems, servers, website or networks or interfere with any other party's use and enjoyment of the Service.

·         You will not sell access to or the use of the Service, including any content contained on, downloaded or accessed from this website, or redistribute any content provided on this website.

5.     USER GENERATED INFORMATION; THIRD PARTY SITES. We assume no responsibility for the use of any personal information that you may choose to disclose on this website or any content contained in any e-mails, Blogs, social features, or any other public services. We do not monitor or control such services, although we reserve the right do so. E-mails sent between you and other Members will be treated as private to the extent required by applicable laws.

This Service may contain links to other websites that are independent of this website. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked websites. Furthermore, the links may lead to websites that contain offensive or objectionable content or contain computer viruses. You assume, and we hereby disclaim, all responsibility of any of the content on third party sites or for any damage sustained by users of these websites. PureWellness does not endorse the opinions of third parties expressed on this website or on linked websites.

6.    INDEMNITY BY MEMBER. To the extent permitted by law, and except for your use of the Services in accordance with the Acceptable Use provision described in Paragraph 4 above,you agree to defend, indemnify and hold harmless PureWellness, its officers, directors, employees, agents, franchisees, licensors and third parties, and other users, from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) relating to or arising out of (i) any unauthorized activity related to the use of the Services by you or any other person accessing the Services using your account or password, (ii) the violation of any term of these Terms of Use by you or any other person accessing the Services using your account or password; iii) the violation of any third party right, including without limitation any copyright, property, or privacy right by you or any person accessing the Services using your account or password. PureWellness reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.

7.    CONFIDENTIALITY OF MEMBER INFORMATION AND SECURITY. PureWellness will keep confidential all information supplied by you through the Service, except that PureWellness may disclose information as required or permitted by law.

8.    WEBSITE AVAILABILITY. We take steps to ensure that the Service is available to all Members; however, we do not warrant that the Service will be continuously available, or that your use of the Service will be uninterrupted or error-free.

9.    DISCLAIMER OF WARRANTY. PUREWELLNESS PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH PUREWELLNESS OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE AND INFORMATION ON THIS WEBSITE. PUREWELLNESS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

10.  LIMITATION OF LIABILITY. IN NO EVENT WILL PUREWELLNESS, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNSBE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PUREWELLNESS OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PUREWELLNESS' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PUREWELLNESS FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. IN ADDITION, PUREWELLNESS DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS) OF THE SERVICE.

11.  GENERAL. You agree that Vermont law (regardless of conflicts of law principles) shall govern these Terms of Use, and that any dispute arising out of or relating to this Agreement shall be subject to the federal and state courts in Vermont. These Terms of Use, accepted upon registering for the Service, contain the entire agreement between you and PureWellness regarding the use of the Service or this website. We may modify these Terms of Use at any time by posting revised Terms of Use on our website and your continuing use of such website and the Service constitutes your agreement to be bound by such modified Terms of Use. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdictions shall not make that provision unenforceable in any other jurisdiction.

12. Credits and Attributions

 

Credits and Attributions