Terms and Conditions

These Terms and Conditions govern your access to and use of all content, products, and services available on the website (the “Service”) operated by Wellness Fitness Pro (“us,” “we,” or “our”).

By accessing or using any part of our Services, you agree to be bound by these Terms and Conditions. If you do not agree to any part of the terms of this Agreement, then you may not access or use our Services.

Intellectual Property

All content and materials available on the Service, including but not limited to text, graphics, website name, code, images, and logos, are the intellectual property of Wellness Fitness Pro, and are protected by applicable copyright and trademark law.

You are granted a limited license to access and use the content and materials on the Service for personal, non-commercial purposes only. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content or materials from the Service without our prior written consent.

Third-Party Services

The Service may contain links to third-party websites or services that are not owned or controlled by Wellness Fitness Pro. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we 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 content, goods, or services available on or through any third-party websites or services.

Accounts

To access certain features of the Service, you may be required to register for an account. When you register for an account, you agree to provide accurate and complete information about yourself. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account.

We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.

Termination

We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account, you may simply discontinue using our Services.

All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer

Our Services are provided “AS IS” and “AS AVAILABLE” basis. Wellness Fitness Pro and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Wellness Fitness Pro nor its suppliers and licensors make any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

 

Indemnification

You agree to indemnify and hold harmless Wellness Fitness Pro and its affiliates, officers, agents, employees, and partners from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.

Limitation of Liability

You acknowledge and agree that in no event shall Wellness Fitness Pro, its affiliates, officers, agents, employees, and partners be liable for any direct, indirect, incidental, special, or consequential damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:

the use or the inability to use the Service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third-party on the Service; any other matter relating to the Service.

Notwithstanding any damages that you might incur, the entire liability of Wellness Fitness Pro and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Service or $100 if you haven’t purchased anything through the Service.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but such provisions shall be deleted without affecting the remaining provisions of the Terms.

Assignment

We may assign, transfer, or otherwise dispose of our rights and obligations under these Terms, in whole or in part, at any time without notice. You may not assign these Terms or transfer any rights to use the Service.

 

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Wellness Fitness Pro and you concerning your use of the Service.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Wellness Fitness Pro is located, without giving effect to any choice of law or conflict of law provisions.

Changes

Wellness Fitness Pro reserves the right to modify these Terms at any time. You should review these Terms periodically for changes. By using the Service after we post any modifications to these Terms, you agree to accept those modifications, whether or not you have reviewed them. If you do not agree to these Terms, you should not use the Service.

Contact Us

If you have any questions about these Terms, please contact us at info@wellnessfitnesspro.com.

Assignment

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, which may be withheld in our sole discretion.

Notices

We may notify you via email, regular mail, or through posting notices or links to notices on our website.

Governing Law These Terms and the use of our Services will be governed by and construed in accordance with the laws of the jurisdiction where the website is located, without regard to its conflict of law provisions.

Dispute Resolution

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in the jurisdiction where the website is located, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

General Terms

These Terms, together with the Privacy Policy and any other legal notices published by us on our website, shall constitute the entire agreement between you and us concerning our Services.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

 

Indemnification

You agree to indemnify, defend, and hold harmless and its affiliates, directors, officers, employees, and agents from and against any claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) your use of the Services, (ii) any User Content or Feedback you provide, (iii) your violation of these Terms, and (iv) your violation of any rights of another.

Miscellaneous

These Terms, together with our Privacy Policy and any additional terms to which you agree when using particular elements of our Services, constitute the entire agreement between and you regarding the use of our Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision. These Terms do not create any agency, partnership, joint venture, or employment relationship, and you may not make any representation on our behalf.