- 1. Eligibility. You must be thirteen or over to register as a member of Fixx Your Health or use the Service. The Service is not intended for use by children under thirteen; if you are under thirteen years of age, please do not use the Service or register as a Member. Membership in the Service is void where prohibited.
- 2. Registration. In order to use the Service, you must register as a member and provide to Fixx Your Health certain basic information about yourself, such as your city, state and zip code, date of birth, gender, first and last name and a valid email address. You may also register with the Service through one of our social networking partners, such as Facebook. If you register through one of these partner sites, your personal information will be provided to Fixx Your Health directly from your user account with such partner site. By registering as a Member in the Service, you represent and warrant that (a) you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration information and Content (as defined below) you submit is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of the Service does not violate any applicable law or regulation. If any information provided by you is untrue, inaccurate or not current, Fixx Your health reserves the right to terminate your membership and use of the Service.
- As part of the member registration process, you will be asked to provide your email address, which address will act as your log-in for the Service. Please note that Fixx Your health may refuse use of any email, username or password for any reason in its sole discretion, including without limitation, if such email, user name or password contains illegal, obscene or offensive language or is protected by trademark or other intellectual property rights or may cause confusion. You are solely responsible for the activity that occurs through use of your email and account with Fixx Your Heath. You must notify us immediately of any breach of security or unauthorized use of your account or use of your password.
- 3. Term. This Agreement will remain in full force and effect while you use the Site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions for Deleting Account on the Edit Profile page. Fixx Your health may terminate your membership and suspend or terminate your use of the Service for any reason, at any time, including, without limitation, Fixx Your Health believes that you are under thirteen years of age or you are in breach of any representation, warranty or covenant contained herein.
- 4. Payment. There is currently no charge for using the Site; provided, however, that Fixx Your health reserves the right to institute registration, membership or other service fees at any time in its sole discretion, either for continuing use of the Service or for any specific functionality. If Fixx Your health institutes any such fees, your access to the Service or the specific functionality may be terminated or restricted if you do not choose to pay such registration or other fees.
- 5. Use of the Site and Service. In accessing the Site, you agree that you will access and use the Site and information there in solely for your own private use and not for any commercial or public use. If you register as a Facility or Instructor, you may use the Service solely for your internal business purposes as permitted on the Service. If you register as an individual Member or a Group, you may use the Service solely for your own personal noncommercial use. Use of these materials or information for any other purposes is prohibited without Fixx Your Health prior written consent. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
You acknowledge and agree that the Service and the Site may include advertisements, which advertisements may be targeted based on your personal preferences and activities as provided to the Service. Fixx Your Health will not, however, provide your name or personally identifiable information to any such advertiser without your permission (See Privacy.) You agree that such advertisements are a necessary part of the Service.
- 7. User Content.
- a. You may provide certain personal information, including personal images, and other material or content to Fixx Your Health through and for use on the Service (“User Content”) and create your own profile page. You may not post, transmit, upload or publish any User Content that you did not create or have permission to post. You also consent to the use of your image(s) if included in the User Content and represent that you have obtained the consent of every individual who may appear in your User Content. Please note that even if you restrict access to your profile page or make your profile page a private page, your name will appear as a Member of Fixx Your Health.
- b. You understand and agree that Fixx You Health, may review and delete any User Content that in the sole judgment of Fixx Your Health violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- c. You are solely responsible for the User Content that you upload, publish or display (hereinafter, “post”) on the Service, or transmit to other Members.
- d. You will retain ownership rights in your User Content. However, by posting User Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Fixx Your Health, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license in perpetuity, to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing as necessary for the provision of the Service and Fixx Your Health’s related business purposes.
- e. The following is a partial list of the kind of User Content that is illegal or prohibited on the Site and Service. Fixx Your Health shall have no obligation to monitor User Content, but reserves the right to do so and to investigate and take appropriate action, including legal action, in its sole discretion, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes User Content that:
- i. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- ii. promotes information that you know is false or misleading
- iii. promotes illegal activities or conduct
- iv. Constitutes stalking of any other user or is bullying, abusive, threatening, obscene, pornographic, defamatory or libelous or violates the rights of any third party, including a party’s right of privacy or publicity;
- v. provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses; and
- vi. Solicits or collects passwords or personal identifying information for commercial or unlawful purposes from other users.
Even though all of the above is strictly prohibited, there is a chance that you might become exposed to other User Content that you find objectionable or offensive and you further waive your right to any damages (from any party) related to such exposure.
- f. You must use the Service in a manner consistent with any and all applicable laws and regulations.
- g. You may not transmit any chain letters or junk email to other Members. Although Fixx Your Health cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to bully, harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
- 8. Member Disputes. You are solely responsible for your interactions with other Fixx your Health Members. Fixx Your Health reserves the right, but has no obligation, to monitor disputes between you and other Members.
- 10. Disclaimers.
Wellness Disclaimers The recommendations, instructions and advice contained on the Site or through the Service are in no way intended to replace or to be construed as medical advice, diagnosis or treatment, and are offered for informational and entertainment purposes only. If you have any concerns or questions about your health, you should always consult with a physician or other health care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health care professional because of any content you may obtain through the Site or Service. The use of any information provided on the Site or through the Service is solely at your own risk.
Fixx Your Health is not responsible or liable for any injury that may result from any resource, programs, videos, or services provided on the site or any activity in which you participate arising from use of the Site or Service. By using the Site and Service, you agree to accept all risks associated with any programs or materials you obtain or participate in and that you will not hold Fixx Your Health liable for any injury or illness that may occur.
If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
General Disclaimers. THE WEBSITE AND SERVICE MAY CONTAINS INFORMATION, FACTS, OPINIONS, AND RECOMMENDATIONS OF VARIOUS INDIVIDUALS AND ORGANIZATIONS REGARDING ALTERNATIVE HEALTH. FIXX YOUR HEALTH AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT, AND DO NOT, GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY FOR A PARTICULAR PURPSE OF, OR OTHERWISE ENDORSE, ANY OPINIONS OR RECOMMENDATIONS OR ANY INSTRUCTORS OR FACILITIES THAT MAY PARTICIPATE IN OR BE LISTED ON THE SITE OR SERVICE.
FIXX YOUR HEALTH IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEB SITE OR MEMBER OF THE SERVICE. FIXX YOUR HEALTH ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. FIXX YOUR HEALTH IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEB SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE.
THE SERVICE AND ALL CONTENT AND INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE OR SERVICE ARE PROVIDED “AS IS” FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FIXX YOUR HEALTH DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. FIXX YOR HEALTH CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. FIXX YOUR HEALTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS AND INFORMATION ON THIS SITE OR ANY SITES LINKED TO THIS SITE. NOR DOES FIXX YOUR HEALTH WARRANT THAT THE SITE WILL BE ACCESSIBLE AT ALL TIMES OR IN ALL GEOGRAPHIC AREAS. THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM FIXX YOUR HEALTH OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. FURTHER, FIXX YOUR HEALTH DOES NOT WARRANT THAT THIS SITE OR THE SERVICE ARE FREE FROM COMPUTER VIRUSES, WORMS OR OTHER HARMFUL EFFECTS. YOUR USE OF THE SITE AND SERVICE IS SOLELY AT YOUR OWN RISK
- 11. Limitation on Liability. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, UNDER NO CIRCUMSTANCES SHALL FIXX YOUR HEALTH BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ATTRIBUTABLE TO ANY PERSONAL INJURY OR DEATH, LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF USE, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE SITE (OR WEB SITES LINKED TO THE SITE), EVEN IF FIXX YOUR HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FIXX YOUR HEALTH’S 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 FIXX YOUR HEALTH FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
- 12. Facilities and Instructors; Third Party Services and Websites. Fixx Your Health does not qualify, endorse, investigate or approve any Facilities or Instructors listed on the Service. You are solely responsible for ensuring that any such Facilities and Instructors from whom you purchase materials, such as services are qualified or meet your needs. In no event will Fixx Your Health be responsible or liable for any materials or services provided by such Facilities or Instructors or for their failure to provide any such materials or services. The Site and Service may contain links to third party websites that are not owned or controlled by Fixx Your Health. Fixx Your Health has no control over, and assumes no responsibility for, the content, privacy policies, products, services or practices of any third party websites. In addition, Fix Your Health will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Fixx Your Health from any and all liability arising from or in connection with your use of any Facility, Instructor or third-party website.
- 13. Disputes. If there is any dispute about or involving the Site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of MASS without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of MASS.
- 14. Indemnity. You agree to indemnify and hold Fixx Your Health, its subsidiaries, affiliates, and their respective officers, agents, representatives and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- 15. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Fixx Your Health and any User of the Service.
- 16. Location of Service The Service and Site is controlled and offered by Fixx Your Health from its facilities in the United States of America. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- 17. Feedback. You understand and agree that any ideas or suggestions for improvements to the Site or Service, including without limitation, enhancements, new functionality or concepts, shall be owned by Fixx Your Health. Fixx Your Health shall have the right to use any such ideas or suggestions in its sole discretion and with no payment or consideration to you.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE