GENAVIX Wellness Network and the NH Wellness Network:
April 2010 version 1.0
GENAVIX Wellness Network (GENAVIX) and the NH Wellness Network (NH Wellness Network) collectively known as the (Network) is a network of full service fitness, health and wellness facilities tied together over a comprehensive internet based wellness and fitness portal. (The "Portal") The use of the Portal is governed by the terms and conditions of this Agreement. Please read this Agreement carefully before using the Portal. Throughout this Agreement, the NETWORK and the Portal is referred to as "we" or "us."
General terms and conditions:
Your access and use of this Portal bind you to this Agreement. If you do not agree to the Terms and Conditions you may not use this Portal. Please select I agree after fully reading the terms and conditions found within this document. Failure to do so will keep you from creating your account.
We may modify this Agreement at any time. Any modifications made to this Agreement will be effective immediately upon posting on the portal. By accessing or using the portal, you agree to be bound by all of the terms and conditions of the Agreement as posted on the Portal at the time of your access or use. You agree to review the Agreement posted on the portal each time you use the Portal so that you are aware of any modifications made to this Agreement. If significant changes are made to this document you will be notified upon your next logon. Please acknowledge that you reviewed the changes and are still in agreement before continuing to use the portal.
THE PORTAL AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE PORTAL IS PROVIDED ON AN "AS IS" BASIS. THAT MEANS THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SERVICE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THIS SITE IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
This site and its services are for consumer educational use only. Nothing contained in this site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. The services provided on this site are here to educate consumers on health and Wellness issues that may affect their daily lives. This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment.
We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on this Portal. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
We do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise that is not clearly identified as information, products, services or merchandise supplied by us. We also do not warrant or guarantee that files available for downloading through the Portal will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
We, and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of this site are responsible for maintaining a means external to GENAVIX and the Portal for the reconstruction of any lost data.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this portal, or any part thereof, with or without notice.
Warranties and limitation of liability:
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PORTAL, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE PORTAL. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE PORTAL OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE ARE NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE OWNER OF THE PORTAL ACCOUNT (THE USER) BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE PORTAL.
Users will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.
Users will not use this site for any purpose in violation of local, state, national or international laws.
Users will not use this site as a means to distribute advertising or other unsolicited material to any third party.
Users will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion.
Users will not impersonate another person.
Users will not hold us or any of our affiliates, subsidiaries or parent company liable for damages including (but not limited to) loss of wages, revenue or business because of any services related to the users use or provided by the Portal. The sole and exclusive remedy for dissatisfaction with the services of this Portal is termination of its use.
Users will indemnify us and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to use of the Users use of the Portal, or any breach or violation of this Agreement or any other term or condition contained on the Portal.
Users agree to comply with all user responsibilities and obligations as stated in these Terms of Service.
All Portal users represent and warrant that they are at least 18 years of age and that they possess the legal right and ability to agree to these Terms of Service and to use this site in accordance with these Terms of Service.
You agree that this Agreement is entered into between you and us in the State of New Hampshire, United States of America, and is performed within the State of New Hampshire and governed by and shall be construed in all respects under the laws of the State of New Hampshire, exclusive of its choice of law or conflict of law’s provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Portal, you and we each irrevocably agree to submit to exclusive personal jurisdiction exclusively within the state of New Hampshire.
If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between you and us relating to the access and use of the Portal and any of its services. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Portal inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.
Termination of services:
If you violate these Terms and Conditions of Use, your use of this site will terminate. We may notify you that you have breached the Agreement. We may, in our sole discretion, terminate your access to this site, or any portion thereof, or discontinue providing the site, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of this site may be interfered with by numerous factors outside of our control. You agree that these Terms and Conditions of Use and all incorporated agreements between us and you may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger, acquisition or liquidation.
Our failure to act with respect to a breach by you or others of these Terms and Conditions of Use does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use set forth the entire understanding and agreement between us and any site user with respect to the site, its uses and services.
Copyright and trademarks:
The marks "GENAVIX" "GENAVIX Wellness Network," "GENAVIX.com," "NH Wellness Network" , NHWELLNESSNETWORK.com, "90 Day Commit to get fit" are trademarks and service marks of GENAVIX Corporation.
The materials on the site are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Portal for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
If you have any questions about the Service, please contact us at Terms@GENAVIX.com