Terms of Service

Last Updated: December 6, 2013

THIS WEBSITE TERMS OF USE (“TERMS”) IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND DIGITAL WELLNESS, LLC (REFERRED TO HEREIN AS “DIGITAL WELLNESS,” “WE,” “US,” OR “OUR”) GOVERNING YOUR ACCESS AND/OR USE OF THE WEBSITE LOCATED AT WWW.BIGGESTLOSERCORP.COM (THE “SITE”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. Your access or use of the Site constitutes your agreement to be bound to these Terms. If you do not agree with these Terms, do not use the Site. Discontinuing use of the Site shall not modify any Terms that apply to prior uses on the Site.

Personal information that we collect over the Site will be governed by our Privacy Policy, which is incorporated in these Terms by reference.

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: info@biggestlosercorp.com.

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

Last Updated: January 1, 2013
 
Welcome to Digital Wellness. Please read the following terms and conditions of use carefully before using Digital Wellness web sites (collectively, “Site”). Use of the Site signifies your agreement to these terms of use.
 
Agreement to Terms. 
By using this Site, you signify that you agree to be bound by these Terms and Conditions without limitation or qualification. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of the Site after the posting of changes will mean you agree to abide by those changes. If you do not agree to the Terms and Conditions, you may not use this Site.
 
Privacy. 
Registration data and any other information you provide to or through the Site are subject to our privacy policy. For more information on how user details are collected, used and disclosed, see our privacy policy.
 
Copyright, Trademark and Usage. 
The contents of this Site are provided by and copyright of Beagle Productions Ltd. and its technology and software partners (collectively, “Provider”), including (but not limited to) all text, images, design, functionality, data, media, and services provided (together "Content"). The contents including all text, images, data, media and services (together "User Content") provided by you that are added to the Site will remain your property. Content is protected by United States, Canadian and worldwide copyright laws and treaty protections. All rights reserved.
 
You agree not to reproduce, retransmit, distribute, sell, publish, broadcast or otherwise make available any of the Content or Services of the Site. You will not modify, adapt, translate, use on any other web site or create a derivative work of such Content, in whole or in part. You agree not to attempt to obtain or use Content and Services through any means not intentionally made available through the Site, nor to attempt to gain unauthorized access to any systems or accounts by any means.
 
Registration and Subscription. 
Certain of the Services and related features made available on Site may require registration, purchase or subscription.
Should you choose to register, purchase or subscribe for any such Services, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete.
 
Should you choose to use any subscription-based services, you agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services. All fees are non-refundable.
 
Each user of subscription services must have their own personal account. You agree to be responsible for maintaining the confidentiality of any passwords or other account identifiers chosen or assigned in association with your account. Accounts may not be shared or resold. You agree to be responsible for all activities that occur under such password or account, and to notify Provider of any unauthorized use of your password or account. You agree to exit from your account at the end of each session in shared computer environments. Provider shall not be responsible or liable in any way for any loss or damage of any kind in connection with your failure to comply with this Section.
 
You may terminate your subscription at any time, which termination will only be effective at the end of your current subscription period.
 
Provider reserves the right to terminate or suspend your account and your use of the Service where Provider has determined account use is in violation of these Terms or Service, or if account payment is not received in a timely manner.
 
You are solely responsible for and must provide all computer, network, software and other equipment necessary to access the Service.
 
Users must be 18 years of age or older. By signing up for Subscription Services and accepting these Terms of Use, the Master Account represents that he or she is at least 18 years of age and is able to form a legally binding contract under applicable law.
User Content, Communication and Submissions. 
Certain areas of the Site may allow users to post, transmit or submit messages, communication, images, video, audio or other content (collectively "User Content") for viewing by other members and/or the general public. Provider does not endorse and has no control over the content over such User Content. Provider makes no warranties, express or implied, as to the content, accuracy or reliability of any User Content. 
 
You are solely responsible for the User Content that you upload, publish or display on or through the Service or the Site, or transmit to or share with other users. You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post.
 
Provider assumes no responsibility for actively monitoring User Content. If at any time Provider chooses, in its sole discretion, to monitor User Content, it nonetheless assumes no responsibility for the content of the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any User Content. Provider reserves the right to edit, restrict or remove User Content for any reason at any time.
 
You agree that Provider may disclose any information as necessary to satisfy any law, regulation or other governmental request to protect itself or its users in accordance with the Privacy Policy.
 
Any ideas or suggestions regarding improvements or additions to Provider are subject to these Terms and Conditions. Under no circumstances shall any suggestion be subject to obligation of confidentiality or expectation of compensation. By submitting the idea to Provider, you waive any and all rights you may have in the idea and are representing and warranting to Provider that the idea or suggestion is wholly original with you.
 
User Conduct. 
In addition to these Terms and Conditions, you agree that your access to and use of the Site is in compliance with the laws governing such access, use, and related content in your geographic region. Use or access other than the intended purpose of the Site is prohibited.
 
You agree that your activities on the Site (including without limitation any Messages or other communication) will not
constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, state, national or international law, including infringement of copyright and rights of privacy;
transmit content Provider considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically, libelous or otherwise objectionable;
upload, post, transmit, share, store or otherwise make available any text, images, or videos other than those of a personal nature that: (i) are of you or your associates, (ii) are taken by you or your associates, or (iii) are original art or animation created by you or your associates;
harm minors in any way;
intimidate or harass another;
impersonate or claim the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate or misleading;
advertise, promote or intend to solicit any products, services, donations or other web sites;
transmit any virus or other harmful component or otherwise disrupt the operation of the Site in any way;
attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site, through hacking, password mining or any other means;
obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
Termination. 
You acknowledge and agree that Provider, in its sole and absolute discretion, may suspend or terminate your account or your use of the Site or Services when you have violated any of these Terms and Conditions. You further agree that Provider shall not be liable as a result of any such suspension or termination. If you are dissatisfied with the Site or Services, your sole remedy is to discontinue use of the Site.
 
Disclaimers. 
The Site and Services are provided on an "as is" and "as available" basis. Provider makes no warranties, representations or conditions of any kind, whether express or implied, including implied warranties or merchantability and fitness for a particular purpose. Provider does not guarantee that the Services will be provided on an uninterrupted, timely, secure or error-free basis.The Service Provider reserves the right to modify the Site or Service at any time. If you are dissatisfied with the site or service your sole remedy is to discontinue use of the site.
 
The recommendations of Provider are not guaranteed to improve performance or achieve specific results. You acknowledge that success depends on athlete motivation, health, natural abilities, commitment, and numerous other factors outside of our control.
 
Use of the Site and Services, and any information contained within, is strictly at your sole risk.
 
Health Disclaimer. 
Any information pertaining the sports, physical or mental training provided on the Site is intended for informational purposes only. Provider assumes no responsibility or liability for the information found on the Site, or for damage or injury to persons or property arising from the use of any product, information or idea contained in these materials. No information on this site should be considered medical advice or diagnosis. The information on the Site is not a substitute for professional consultation and diagnosis by a physician.
 
You acknowledge and agree that any physical activity or training includes inherent risks, including the potential for serious injury or death. You should consult a medical professional before beginning any fitness program, including any exercises or techniques described on this Site. Illustration and description of exercise, nutritional and fitness techniques is educational only, and does not imply advice that you or any other user perform the technique. You agree that you will consult with and are cleared by a medical professional in relation to the performance or participation in any tasks or techniques described on the Site. Your use of information on this Site is voluntary and with full knowledge and personal assumption of all dangers and risks.
 
External Links. 
Some links within the Site may lead to external third-party web sites. Any such links are provided as a convenience only and not as an endorsement by Provider. If you follow any external links, you do so at your own risk. You agree that Provider is not responsible or liable in any way for the accuracy, legality, decency, safety or fitness for use of the material contained in any site linked from this Site.
 
Indemnification. 
In consideration of your being permitted to use this Site, you (on your own behalf and by any other person on your behalf) agree to defend, indemnify and hold harmless Provider and its respective past, present and future shareholders, officers, employees and agents, including all third parties mentioned on the Site (each, a "Released Party"), from and against any and all claims, cost, expense, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your use of the Site or Services. 
 
You acknowledge and agree that no Released Party will be liable for any information or advice given to you related to your use of fitness or health information and that you will not sue any Released Party based on such information or advice.
 
Limitation of Liability. 
Under no circumstances, including, but not limited to, negligence, shall Provider be liable for any direct, indirect, incidental, consequential, special or exemplary damages that result from the use or the inability to use the materials on this Site or unauthorized access to or alteration of data, even if a Provider authorized representative has been advised of or could have foreseen the possibility of such damages. In no event shall Provider total liability to you for all damages, losses and causes of action arising out of or relating to this agreement or your use of the Site exceed the amount paid by you for accessing this site during the twelve (12) months preceding your claim or one hundred Canadian dollars ($100), whichever is greater.
 
Governing Law and Jurisdiction. 
Provider makes no representation or warranty that the Site or any of the Services are appropriate or available for use at any locations outside North America. If you access the Site from outside the United States or Canada, you are responsible for compliance with all applicable laws.
 
These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Saskatchewan, Canada, without reference to its conflict of laws principles. Each party hereby agrees to submit to the jurisdiction of the courts of the Province of Saskatchewan, Canada and to waive any objections based upon venue.
 
General Provisions. 
These Terms and Conditions constitute the entire agreement between Provider and you pertaining to your use of the Site and Services. These Terms supersede any prior agreements between you and Provider. This agreement is personal to you, and you may not assign your rights or obligations to anyone. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect or significance.
 
The failure of Provider to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
 
The parties have required that these Terms and Conditions and all related documents be drawn up in English.