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TERMS OF SERVICE
Written by Webmaster
1. Definitions.
"Wellness Solutions Now is an interactive on-line service operated by
ComProSo on the World Wide Web. Our content consists of information
for health care practices to integrate the nutritional cleansing and
weight loss programs supplied by Isagenix International Corp. This
informational content is comprised of downloadable pdf files, word
documents, and audio files. "Member" means each person who establishes
or accesses a connection ("account") with Wellness Solutions Now.
2. General
(a) This agreement, which incorporates by reference other provisions
applicable to the use of Wellness Solutions Now, governing the use of
certain specific material contained in Wellness Solutions Now, sets
forth the terms and conditions that apply to use of Wellness Solutions
Now by Member. Member agrees to comply with all the terms and
conditions hereof. The right to use Wellness Solutions Now is personal
to member and is not transferable to any other person or entity without
the express authorization of Wellness Solutions Now. Member is
responsible for all use of Member's Account *(under any screen name or
password) and for ensuring that all use of Members Account complies
fully with the provisions of this Agreement. Member shall be
responsible for protecting the confidentially of Member's password(s),
if any.
(b) Wellness Solutions Now shall have the right at
any time to change or discontinue any aspect or feature of Wellness
Solutsion Now, including but not limited to content, hours of
availability, and equipment needed for access or use.
3. Terms
Wellness Solutions Now is currently a free service
to its members for a limited time. Wellness Solutions Now shall have
the the right to change or modify the terms and conditions applicable
to Member's use of Wellness Solutions Now, or any part thereof, or to
impose new conditions, including, but not limited to, adding membership
fees and charges for use. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof, which
may be given by means including, but not limited to, posting on
Wellness Solutions Now, or by electronic or conventional mail, or by
any other means by which Member obtains notice thereof. Any use of
Wellness Solutions Now by Member after such notice shall be deemed to
consititue acceptance by Member of such changes, modifications or
additions.
4. Equipment
Member shall be responsible for obtaining and
maintaining all telephone, computer hardware and other equipment needed
for access to and use of Wellness Solutions Now and all charges
related thereto.
5 Member Conduct
(A) Member shall use Wellness Solutions Now for lawful purposes only.
Member acknowledges that Wellness Solutions Now contains copyrighted
material, trademarks and other proprietary information, including, but
not limited to, text, photos, video,audio, graphics, and sound and the
entire contents of Wellness Solutions Now are copyrighted as a
collective work under the United States copyright laws. Member may not
modify, publish, transmit, participate in the transfer or sale, or
create derivative works, or in any way exploit, any of the content, in
whole or in part. Member may download copyrighted material for Member's
personal and business use only. For advertisements, Member may, of
course, modify the document for use in advertising Member's own name,
address, phone and other necessary changes for publication by
Member.Member acknowledges that it does not acquire any ownership
rights by downloading copyrighted material.
(B) Wellness Solutions Now contains copyrighted
material, trademarks, and other proprietary information, including, but
not limited to text, software, photos, video, audio, graphics, music,
and sound, and the entire contents of Wellness Solutions Now are
copyrighted as a collective work under the United States copyright
laws. Member may not modify, publish, transmit, participate in the
transfer or sale create derivative works, or in any way exploit, any
of the content, in whole or in part. Member may download copyrighted
material for Member's personal and business use only. Certain
modifications to content is permitted such as name, address, telephone
numbers photos as they pertain to advertisement pdf files or word
documents. Except as otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material will be permitted
without the express permission of Wellness Solutions Now or the
copyright owner. Member acknowledges that it does not acquire any
ownership rights by downloading copyrighted material.
6. Disclaimer of Warranty; Limitation of Liability
(A) Member EXPRESSLY AGREES THAT USE OF Wellness
Solutions Now IS AT Member's SOLE RISK. NEITHER ComProSo, ITS
AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THRID PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT Wellness Solutions Now WILL
BE UNINTERRUPTED OR ERROR FREE;NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF Welness Solutions Now, OR AS
TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR
MERCHANDISE PROVIDED THROUGH Wellness Solutions Now.
(B) Wellness Solutions Now IS PROVIDED ON AN
"AS-IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHWER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO
THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTGERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. Member SPECIFICALLY ACKNOWLEDGES THAT
Wellness Solutions Now IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF OTHER Members OR THIRD-PARTYIES AND THAT THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH Member. Member ALSO
ACKNOWLEDGES THAT THEY ARE SOLELY RESPONSIBLE TO INSURE THAT PROPER
DISLAIMERS OR NOTICES BE PLACED ON ADVERTISEMENTS THEY PUBLISH PER
APPLICABLE FEDERAL AND STATE LAWS AND THAT RISK OF INJURY DUE TO
NEGLECT FROM THE FOREGOING RESTS ENTIRELY WITH Member.
(D) IN NO EVENT WILL ComProSo or Wellness
Solutions Now, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING
OR DESTRIBUTING Wellness Solutions Now BE LIABLE FOR ANY DAMAGES,
INCLUDIN, WITHOUTLIMITATION,
DIRECT,INIDIRECT,INCIDENTAL,SPECIAL,CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE Wellness Solutions Now.
Member HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL CONTENT ON WELLNESS SOLUTIONS NOW.
7. Indemnification.
Member agrees to defend, indemnify, and hold harmless ComProSo and
Wellness Solutions Now, its affiliates and their respect ive directors,
officers, employees and agents from and against all claims and
expenses, including attorneys' fees, arising out of the use of Wellness
Solutions Now by Member or Member's account.
8. Terminationl.
Member may terminate this agreement at any time.
Without limiting the foregoing Wellness Solutions Now shall have the
right to immediately terminate Member'sAccount in the event of any
conduct by Member which Wellness Solutions No, in its sole discretion,
condiers to be unacceptable, or in the event of any breach by Member of
this Agreement. The provisions of Section 5 (A,B) 6, 7, 8 and 10 shall
survive this Agreement.
9. Trademarks.
Any and all trademerks appearing on Wellness Solutions Now are the property of their respective owners.
10. Miscellaneous.
This Agreement and any operatiing rules for
Wellness Solutions Now constitute the entire agreement of the parties
with respect to the subject matter hereof and supersedes all previous
written or oral agreements between the parties with respect to such
subject matter. This agreement shall be construed with the laws of the
State of Florida, without regard to its conflict of laws rules. No
waiver by either party of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not
be given any legal import.
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