CUSTOM HEALTHSPAN LLC
TERMS AND CONDITIONS OF USE AND SERVICE
- Contract between you and Custom Healthspan LLC.
These Terms and Conditions of Use and Service (“Terms”) form a legally binding agreement between you and Custom Healthspan LLC (hereinafter “Custom Healthspan”), and govern your access and use, and our provision of, the Custom Healthspan services and any other technology, items or other materials on which these Terms are posted. BY ACCESSING OR USING ANY CUSTOM HEALTHSPAN SERVICE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS, ANY AMENDMENTS THERETO, AND YOU AGREE YOU ARE AT LEAST 18 YEARS OF AGE. READ THESE TERMS CAREFULLY BEFORE USING ANY CUSTOM HEALTHSPAN SERVICES, AS THESE TERMS MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMIITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF ANY CUSTOM HEALTHSPAN SERVICES.
- Amendments to this Agreement.
Custom Healthspan in its sole and absolute discretion change these Terms from time to time to comply with laws or to meet the evolving needs of its business. These amendments shall be effective immediately upon being posted to the platform then used by Custom Healthspan; however, for existing customers, the applicable amendments shall be effective 30 days after posting unless otherwise stated. If you do not agree with any amendments to the Terms, you must discontinue using any and all Custom Healthspan services. By continuing to use Custom Healthspan services after changes are posted, you expressly accept any applicable changes.
- Content and Testimonials
The content on this website is for educational and informational purposes only. You should use your own judgement before applying an information herein to your own personal situation. None of the content presented constitutes medical or psychiatric advice, nor is it a substitute for treatment. You are encouraged to consult a physician before engaging in any Custom Healthspan LLC program or any constituent activity, especially if you suffer or believe you may suffer from a serious phycological or physiological condition or illness. Any testimonials provided herein are examples of individual results and in no way guarantee that you will achieve those same results.
4. Custom Healthspan’s Intellectual Property; Limited License to Custom Healthspan
a. Ownership.
You acknowledge and agree that the Custom Healthspan services, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights arising therefrom are owned by Custom Healthspan or its affiliates, licensors or suppliers. You expressly agree that you will do nothing inconsistent with Custom Healthspan’s ownership of the Custom Healthspan services, and that you gain no rights, title, or interest in or to any Custom Healthspan services, except as stated in these Terms or any executed written agreement between you and Custom Healthspan. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Custom Healthspan or any third party.
b. Limited License.
For any Custom Healthspan services which enable you to use any content, or other materials owned or licensed by Custom Healthspan, Custom Healthspan grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Custom Healthspan services, and any related content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.
- Disclaimer of Warranties.
You acknowledge and agree that Custom Healthspan, including without limitation, any products, goods, services, websites, applications, health and wellness content and advice, and nutritional advice or information are provided “as is” and “as available,” with all faults, and without performance assurances or guarantees of any kind. Custom Healthspan expressly disclaims any and all warranties, conditions, and representations, express or implied, regarding Custom Healthspan services, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality, and warranties arising from course of dealing, usage or trade practice. Custom Healthspan makes no guarantee or warranty that the services of Custom Healthspan will meet your requirements or that they will be uninterrupted or error free. Custom Healthspan further makes no guarantee or warranty as to the particular health and wellness goals, results, benefits or outcomes that may be achieved or obtained through use of any Custom Healthspan services. You agree to use the Custom Healthspan services at your sole risk.
You will not hold Custom Healthspan or its third-party service providers, licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to or use of the services of Custom Healthspan, including without limitation any loss or damage to any of your computers or data, as the Custom Healthspan services may contain bugs, errors, problems or other limitations.
You acknowledge that Custom Healthspan does not control any advertisements, product descriptions, products, or content offered by third parties on or through the Custom Healthspan website, including without limitation, information or products provided by license to us from third parties. Certain warranties with respect to particular products/services accessed for sale through Custom Healthspan website, or linked through the Custom Healthspan website, may be available through manufacturers warranties, though not through Custom Healthspan. Please read the warranties included in the documentation provided along with those products/services for further details. Except as otherwise agreed in writing, Custom Healthspan assumes no responsibility for and makes no warranty or representations as to the accuracy, currency, completeness, reliability, or usefulness of third-party content, third-party services, or third-party products (including product descriptions) distributed or made available through third parties through Custom Healthspan websites.
6. User Conduct
You must only use Custom Healthspan services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits another’s enjoyment of any Custom Healthspan services. In using any Custom Healthspan services, and in particular, Custom Healthspan content found on an online platform, you expressly acknowledge you are prohibited from, and agree that you will not without Custom Healthspan’s prior express written consent:
i.copy, reproduce, or improperly use or access any content on our websites;
ii. modify, distribute, or re-post any content on our websites for any purpose; or
iii. use the content on our websites for any commercial exploitation whatsoever.
iv. disrupt or interfere with the security of, or otherwise abuse, our websites, or any services, system resources, accounts, servers, or networks connected to or accessible through our websites or affiliated or linked sites;
v. access content, data or portions of our websites which are not intended for you, or log onto a server or account that you are not authorized to access;
vi. attempt to probe, scan, or test the vulnerability of the Custom Healthspan services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;
vii. access any Custom Healthspan services or our websites through any automated means, such as “robots,” “spiders,” or “offline readers”;
viii. interfere or attempt to interfere with the use of our websites or applications or the Custom Healthspan services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
ix. use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on our websites;
x. harass, “stalk”, disrupt or interfere with any other user’s enjoyment of our websites or affiliated or linked sites;
xi. upload, post, or otherwise transmit through or on our websites any viruses or other harmful, disruptive, or destructive files;
xii. use, frame, or utilize framing techniques to enclose any Custom Healthspan trademark, logo, or other proprietary information (including the images found at our websites, the content of any text, or the layout/design of any page or form contained on a page) without Custom Healthspan’s express written consent;
xiii. use meta tags or any other “hidden text” utilizing a Custom Healthspan name, trademark, or product name without Custom Healthspan’s express written consent;
xiv. deeplink to our websites without Custom Healthspan’s express written consent;
xv. create or use a false identity on our websites, share your account information, or allow any person besides yourself to use your account to access our websites;
xvi. harvest or otherwise collect information about Custom Healthspan users, including email addresses and phone numbers;
xvii. download, “rip,” or otherwise attempt to obtain unauthorized access to any Custom Healthspan services, content or other materials; and
xviii. post any copyrighted material unless the copyright is owned by you.
- Disputes, Venue, and Waiver of Class Actions and Class Arbitrations
- a. Disputes
The terms of this section shall apply to all Disputes between you and Custom Healthspan. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Custom Healthspan arising under or relating to any Custom Healthspan service, Custom Healthspan’s website, these Terms or any other transaction involving you and Custom Healthspan, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law.
b. Binding Arbitration
You and Custom Healthspan LLC further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. Arbitration means that you waive your right to a judge or jury in a court proceeding and your grounds for appeal are limited. The arbitrator may award you the same damages as a court sitting in proper jurisdiction could and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties. Arbitration shall be governed by the rules of American Arbitration Association that are in effect at the time the arbitration is initiated.
c. Waiver of Class Actions and Class Arbitrations
You and Custom Healthspan LLC agree that each party may bring disputes against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Custom Healthspan LLC agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties.
d. Exclusive Venue for Other Controversies
Custom Healthspan LLC and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the Circuit Court of Fayette County, Kentucky, or the United States District Court for the Eastern District of Kentucky.
e. Severability
If any provision in this section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect.
- Confidentiality
Custom Healthspan will make reasonable efforts to maintain the confidentiality of the information Client shares, whether oral, written or in any form whatsoever, that may be reasonably understood. Notwithstanding the foregoing, the obligation of Custom Healthspan to protect the confidentiality of any information or materials shall terminate as to any information or material which: (i) are or become public knowledge through no act or failure of Custom Healthspan; and (ii) a court orders to provide or to testify to. The use of technology is not always secure, and Custom Healthspan does not guarantee protection from the risks of confidentiality in the use of email, text, phone, video conferencing, etc.
- Indemnification and Limitation of Liability
- a. Indemnification
You agree to indemnify and hold Custom Healthspan, LLC, its affiliates, shareholders, officers, directors, employees, agents, contractors and suppliers harmless from and against any claim, action demand, loss, suit, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your improper use of any Custom Healthspan service, your violation of these Terms, or your violation of any rights of a third party.
b. Limitation of Liability
Under no circumstances, including, but not limited to negligence, shall Custom Healthspan, LLC, or the coaches be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages of or relating in any way to the Custom Healthspan, LLC website or the health coaching services provided by the coaches and/or content, or information contained within the web site, and/or content or information contained in emails from the coaches in furtherance of such health coaching services. Your sole remedy for dissatisfaction with the services provided is to stop using those services.
- Third Party Content
- a. Third Party Content
Certain Custom Healthspan services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (“Third-Party Services”). Custom Healthspan does not review or control any Third-Party Services. Additionally, Custom Healthspan makes no claim or representations regarding, and accepts no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from our websites, or any other element of the Custom Healthspan website. There is no implied affiliation, endorsement or adoption by Custom Healthspan of these Third-Party Services and Custom Healthspan shall not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and privacy policies that apply to these Third-Party Services.
Certain opinions, advice, statements, or other information may be made available by third parties through or in connection with the Custom Healthspan services (“Third-Party Content”). Third-Party Content shared by Custom Healthspan should not be construed as a formal endorsement of that content or product. Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with the services of Custom Healthspan. Custom Healthspan does not: (i) Guarantee the accuracy, completeness, or usefulness of any Third-Party Content on any Custom Healthspan service; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a Third Party, as part of any Third-Party Content. Under no circumstance will Custom Healthspan be responsible for any loss or damage resulting from your reliance on Third-Party Content shard by Custom Healthspan or transmitted to or by any Third Party in connection with Custom Healthspan services.
You acknowledge that Custom Healthspan does not control any advertisements, product descriptions, products, or content offered by third parties on or through the Custom Healthspan website, including without limitation, information or products provided by license to us from third parties. Certain warranties with respect to particular products/services accessed for sale through Custom Healthspan website, or linked through the Custom Healthspan website, may be available through manufacturers warranties, though not through Custom Healthspan. Please read the warranties included in the documentation provided along with those products/services for further details. Except as otherwise agreed in writing, Custom Healthspan assumes no responsibility for and makes no warranty or representations as to the accuracy, currency, completeness, reliability, or usefulness of third-party content, third-party services, or third-party products (including product descriptions) distributed or made available through third parties through Custom Healthspan websites.
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