Terms of Service
Last Updated: December 6, 2013
Ownership. This Site is owned by Digital Wellness. Digital Wellness is a licensee of The Biggest Loser® marks, and is the sole operator of this Site. The data, materials and other content displayed or posted on the Site, including without limitation, any text, images, graphics, photographs, illustrations, design elements, materials, code and software (collectively “Content”) is intended provide you with information about the Biggest Loser corporate wellness program. Digital Wellness and/or its licensors or suppliers own all right, title and interest, including all intellectual property rights, in the Site and Content, including the trademarks, logos, service marks and trade dress displayed on the Site. You may not download, copy or use any Content except as expressly authorized by these Terms.
Agreement to Changes or Updates. We reserve the right to make changes and update these Terms and/or any information or Content contained on this Site without prior notice. Changes will be effective immediately upon notice, which may be given by posting on the Site. Visitors have the obligation to review changes to these Terms when they access or re-access the Site. Your continued use of the Site after a change to these Terms shall be deemed acceptance of such changes.
Restrictions on Use of Site and Content. Visitors may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content other than as provided herein.
Visitors expressly agree not to engage in any activity with respect to the Site or Content that:
interrupts, destroys, alters, damages, delays or limits the functionality or integrity of the Site or Content, including any associated software or hardware;
infringes on any patent, trademark, trade name, service mark or name, copyright, trade secret, or other proprietary right of the Site or any Content;
manipulates identifiers or numeric information to disguise the origin of any visitor, device, material, Content or other information;
causes the forwarding of information that you do not own, have the right or authorization to provide, or that is false or misdirected;
contains unauthorized advertising, advertises Content as your own or solicits other visitors;
is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable;
removes any copyright, trademark or other proprietary rights notice contained in the Site or Content;
frames or mirrors any portion of the Site;
harvests or collects information about Site visitors without their express consent; or
otherwise violates these Terms or any applicable law, rule or regulation.
Violations and Termination. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to (a) protect Digital Wellness, the Site and/or Content; (b) comply with applicable laws; or (c) prevent unauthorized access or use of the Site or Content. We retain the right to deny access to the Site, in our sole discretion, to any visitor for any reason, including for any violation of these Terms.
DISCLAIMER OF WARRANTIES. THE SITE AND ITS CONTENTS ARE PROVIDED “AS IS.” WE DO NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY CONTENT PROVIDED OR POSTED ON THE SITE OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT FOUND ON THE SITE IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES.
LIMITATION OF LIABILITY. IN NO EVENT SHALL DIGITAL WELLNESS, ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES OR EMPLOYEES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS, HARM OR DAMAGE, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, RESULTING FROM OR IN ANY WAY CONNECTED TO, (I) USE OF OR ACCESS TO THE SITE OR CONTENT POSTED ON THE SITE; (II) ANY FAILURE OR INTERRUPTION OF THE SITE; (III) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THE SITE OR THE CONTENT AVAILABLE TO VISITORS; (IV) ANY OTHER CAUSE RELATING TO A VISITOR’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE SITE OR CONTENT; (V) ANY CONTENT OR MATERIALS, ADVISE OR OPINIONS POSTED OR UPLOADED ON THE SITE, INCLUDING ANY VISITOR RELIANCE ON SUCH INFORMATION; (VI) ANY SECURITY BREACH, OR ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; OR (VII) ANY VISITOR’S FAILURE TO COMPLY WITH THESE TERMS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF DIGITAL WELLNESS, ITS EMPLOYEES, REPRESENTATIVES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT.
Leaving Our Site. When you leave the Site, your use of the Internet will be governed by the terms of usage and privacy policies, if any, of the particular website that you are accessing. We expressly disclaim any responsibility for the accuracy, content or availability of information found on sites that link to or from the Site, including without limitation.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DIGITAL WELLNESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, COSTS AND FEES, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING FROM YOUR VIOLATION OR BREACH OF THESE TERMS, YOUR UNAUTHORIZED ACCESS OR USE OF CONTENT, AND/OR ANY CONSEQUENCES ARISING OUT OF YOUR ACCESS OR USE OF THE SITE OR CONTENT.
Copyright Infringement Claims. We respect the intellectual property rights of others. If you believe in good faith that any Content appearing on the Site infringes on your copyright, you (or your agent) may send us a written notice in accordance with the current requirements provided in the Digital Millennium Copyright Act of 1998 (DMCA). Notices should be sent to our designated agent: [name], Digital Wellness, LLC, 11611 San Vincente Blvd., Los Angeles, CA 90049. Phone: 310-696-2053; Email: firstname.lastname@example.org.
Miscellaneous. These Terms are effective until terminated by you or Digital Wellness, which Digital Wellness may do at any time, without notice, in its sole discretion. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease. These Terms shall be governed by and construed in accordance with the laws of the state of California applicable to contracts made and wholly performed therein, excluding its conflicts of law provisions. Any dispute arising out of or relating to these Terms or your access or use of this Site will be subject to the jurisdiction of the courts located within the state of California, and you hereby submit to the personal jurisdiction of such courts. If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent, and the remaining provisions of these Terms shall remain in full force and effect. These Terms contain the full understanding of the parties with respect to access and usage of the Site and Content. No action of ours, other than an express written waiver or update to these Terms, may be construed as a waiver of any part of these Terms. In the event we waive or update any specific provision of these Terms, all other portions will remain intact.
Effective December 2013