U.S. Corporate Wellness, Inc.
TERMS AND CONDITIONS OF USE OF WEBSITE
In consideration of your participation in any of the activities, events, coaching, access to training materials or any other tools (online, telephonic, live or otherwise) offered by U.S. Corporate Wellness, Inc. ("USCW"), you agree to the following:
TERMS AND CONDITIONS OF USE MAY CHANGE
USCW may revise and update these Terms and Conditions of Use at any time. Your continued usage of USCW's website ("Site," or the "Site,") signifies and means that you accept those changes. "I", "You", "Your" or "USCW Member" all mean the individual user of the USCW Website.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE
All content of the Site, such as text, graphics, images and other material contained on the Site ("Content") are for informational purposes only. This Site does not provide medical or any other health care, diagnosis, or treatment. The Site and its services, including the information above, are not a substitute for professional medical or health advice, examination, diagnosis, or treatment. Always seek the advice of your physician or other qualified health professional before starting any new treatment, making any changes to existing treatment or altering in any way your current exercise or diet regimen. Do not delay seeking or disregard medical advice based on information contained on this Site. Only your physician can advise you regarding what is safe and appropriate for you.
USCW does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provide by USCW, USCW employees, USCW coaches, others appearing on the Site at the invitation of USCW, or other visitors to the Site is solely at your own risk.
You hereby represent that you have been authorized to participate by a physician and that you are in proper physical condition to participate in any activity pursued with the help and/or encouragement of a USCW coach or through the use of any other USCW materials/tools. You agree that, in cooperation with your physician, it is your sole responsibility to determine whether you are sufficiently fit and healthy enough to participate in any activity pursued as part of the USCW program, and that it is not the responsibility of USCW, its employees or its coaches to make such determination.
You understand and acknowledge the physical and mental rigors associated with activities such as weight loss, running, bicycling, swimming and other such activities can inherently have negative effects if you are not authorized to participate by a physician. You hereby expressly assume all such risks and responsibility for any damages, including, without limitation, for personal injury or wrongful death, liabilities, losses or any other expenses which you incur as a result of your participation in the activities or pursuits, even in the event that the encouragement for your participation comes through a USCW coach or through the use of any USCW materials or tools.
USE OF CONTENT
USCW authorizes you to download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright© 2007, USCW, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content.
The Content is protected by copyright under both United States and foreign laws. All rights to the Content remain solely with USCW or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate copyright, trademark, and other laws of the United States and other nations.. Content of the Site is subject to change without notice at the sole discretion of USCW. All rights not expressly granted herein are reserved to USCW and its licensors.
If you violate any of these Terms and Conditions of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any part of the Content.
LIMITATION OF LIABILITY OF USCW AND ITS LICENSORS
The use of the Site and all Content is solely at your own risk.
The information on the Site is transmitted over a medium that may be beyond the control of USCW and its suppliers. Therefore, USCW assumes no liability for or relating to the delay, failure, interruption, or corruption of information transmitted in connection with the use of the Site.
The Site and the Content are provided on an "as is" basis. USCW, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, USCW, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site or by USCW.
In no event shall USCW, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not USCW is advised of the possibility of such damages. USCW is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Member Areas (as defined below). Any claims arising from your use of the Site, of any Content, or the Member Areas must be brought within one (1) year of the date of the event giving rise to such claim. Remedies under these Terms and Conditions of Use are exclusive and are limited to those expressly provided for in these Terms and Conditions of Use.
USER SUBMISSIONS
The personal information you submit to USCW is governed by the USCW. To the extent there is an inconsistency between this Agreement and the USCW Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type to the Member Areas or to USCW that infringes or violates any rights of any party. By submitting information to the Member Areas, you agree that such submission is not confidential and is accessible to other USCW Members.
If you make any submission to a Member Area or to USCW, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted USCW a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. USCW may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any information or submission confidential, do not submit them to the Member Areas or to USCW.
PASSWORDS
To access Member Areas, USCW will assign to you a unique username and password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your USCW password or username. It is your sole responsibility to (1) control the dissemination and use of your username and password; (2) authorize, monitor, and control access to and use of your username and password; and (3) promptly inform USCW of any need to deactivate a password. You grant USCW and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. USCW does not assume any responsibility or liability for any information you submit, or your or any third parties' use or misuse of information transmitted or received using the Site.
USCW SUBSCRIPTION SERVICES
USCW may make Subscription Services available to USCW Members. If you enroll in any additional Subscription Services, you are using the Subscription Services at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs. The USCW Subscription Services are not intended or designed for use by any person under the age of 18. These Subscription Services do not collect any personally identifiable information from any person we know to be, or believe to be, a person under the age of 18.
USCW MEMBER AREAS ("MEMBER AREAS")
If you use the Member Area, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Member Areas. USCW is not responsible for the consequences of any communications in the Member Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. USCW reserves the right to take any action it deems necessary to protect the personal safety of USCW Members or other third parties.
In consideration for using the Member Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions of Use:
USCW reserves the right (but is not obligated) to do any or all of the following at its discretion:
USCW may provide links to third-party web sites. USCW does not endorse or support any third-party website and is not responsible for the content on any linked third-party websites. USCW does not make any representations regarding the content or accuracy of any linked third-party websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. USCW does not endorse any product or service advertised on the Site or in the Member Areas.
INDEMNITY
You agree to defend, indemnify, and hold USCW, its officers, directors, coaches, employees, agents, licensors, suppliers, insurers and attorneys harmless from and against any claims, causes of action, demands, liabilities, judgments and/or settlements including without limitation, reasonable attorneys' fees and costs, resulting from, or alleged to result from, your violation of these Terms and Conditions.
GENERAL
USCW has its headquarters in the State of Colorado, in the United States of America. USCW makes no claims that USCW and/or the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The Terms and Conditions of Use survive the expiration or termination of this Agreement for any reason and survive the termination of your participation in USCW programs and activities.
JURISDICTION
You expressly agree that the courts of the State of Colorado have exclusive jurisdiction for any dispute with or claim against USCW, or in any way relating to the Site. You further agree and expressly consent to personal jurisdiction in the courts of the State of Colorado related to any dispute with USCW or the Site, including any claim involving USCW or its affiliates, subsidiaries, employees, coaches, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions of Use are governed by the laws of the State of Colorado, without regard to any conflict of law provisions. If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any of these Terms and Conditions of Use shall be deemed a waiver of such term or condition in the future or a waiver of any other term or condition.
NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT
If you believe any materials on the Site infringe upon your copyright, you may request removal of those materials by contacting USCW (see below) and providing the following information:
For copyright issues relating to this Site, contact USCW at:
U.S. Corporate Wellness, Inc.
Attn: Brad Cooper, Chief Wellness Officer
18 Willowleaf Drive, Suite A
Littleton, Colorado 80127
1-800-910-9425
In an effort to protect the rights of copyright owners, USCW will terminate the rights, if indicated, of USCW Members and other third-parties of the Site who repeatedly infringe upon the copyrights of others.
COMPLETE AGREEMENT
These Terms and Conditions of Use and the USCW Privacy Policy constitute the entire agreement between you and USCW with respect to the use of the Site.
© 2007 USCW. All rights reserved.