BaseLine
Wellness Series End User License Agreement
Welcome to
Azente Wellness. In order to use our BaseLine Wellness Series
(the "Program”) you must agree to the terms of this End User
License Agreement. Please read this Agreement carefully and click
"ACCEPT" if you agree to its terms. If you do not expressly
agree to the terms by clicking "ACCEPT", your account will
not be activated and you will not be authorized to use the Program.
Note of Caution:
The Program presents a non-medical approach to health and wellness.
The information and exercises demonstrated may not be appropriate for
all users. The Program is designed to supplement the advice and
counsel of your doctor or other health professional. As with all health-related
programs, use common sense and caution.
This is an
agreement between you, the user of the Program, and Azente Wellness,
Inc. ("Azente"), the owner and creator of the Program.
1. Agreement:
You agree to use the Program only in accordance with the terms and conditions
below.
2. License
Grant: You understand that the Program is Azente’s copyrighted
material. You are given a non-exclusive, non-transferrable right
to use the Program for your own personal non-commercial use. This
license also extends to your immediate family in your household, provided
that they also agree to be bound by the terms of this End User License
Agreement.
3. Azente's
Rights: Other than the rights granted above, all rights in
the Program are owned by Azente. The Program is protected by the copyright,
intellectual property and other laws.
4. License
Restrictions: Specific things that you cannot do:
(i) Give or share the Program or information regarding how to access
the Program to anyone other than your immediate family; (ii) Make
copies, distribute, alter, make derivative works based on the whole
or any part of the Program, or otherwise use the Program, except as
expressly permitted by this End User License Agreement; (iii) Use the
Program in any way for commercial profit or gain; (iv) Do anything else
that violates Azente's copyrights or other intellectual property rights.
5. Member Account, Passwords
and Security: You will receive a password and account designation
upon completing the registration process. You are responsible for maintaining
the confidentiality of the password and account and are fully responsible
for all activities that occur under your password or account. You agree
to make sure that you exit from your account at the end of each session.
Azente cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section.
6. Disclaimers:
YOU EXPRESSLY UNDERSTAND AND AGREE:
(i) The
program is designed to provide a non-medical approach to health
and wellness. These materials are for educational and informational
purposes only and are not intended for use as diagnosis, prescription
or treatment of a health problem or as a substitute for consulting a
licensed medical professional. consult with your doctor
or other healthcare professional before making any changes to your diet
or engaging in any new movement, exercise or fitness programs.
(ii) YOUR
USE OF THE PROGRAM IS AT YOUR SOLE RISK. The Program is provided
by Azente “as is” AND “AS AVAILABLE” BASIS. aZENTE, AND
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7. Limitation of Liability: In no event shall Azente,
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
OR LICENSORS be liable to you, your family, or third parties for any
direct, indirect, incidental, special, exemplary or consequential damages
however caused and on any theory of liability, whether in contract,
strict liability or tort (including negligence or otherwise) arising
in any way out of the use of the Program,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AZENTE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES).
8. Indemnity:
You agree to indemnify and hold Azente and its subsidiaries, affiliates,
officers, agents, employees, partners and licensors harmless from any
claim or demand, including reasonable attorneys’ fees, made by any
third party due to or arising out of your use of the Program, your violation
of this Agreement, or your violation of the rights of another.
9. General:
This Agreement shall be governed and construed in accordance with the
laws of the State of California without regard to its conflict of law
provisions. You and Azente agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Santa Barbara,
California. This Agreement constitutes the entire understanding of
the parties with respect to the subject matter hereof. Any representation,
promise, warranty, covenant, or undertaking not expressly set forth
in this Agreement shall not be deemed part of this Agreement or otherwise
legally effective. If a term or condition of this Agreement
is held to be invalid or unenforceable, the remaining terms and conditions
will remain in full force and effect. If you breach any term(s) of this
Agreement, Azente, in addition to its other legal rights and remedies,
may terminate the license granted hereunder. Upon any termination for
breach, Azente shall have the right to terminate access to the Program
for you, your family, and any other persons who may have gained access
to the Program through you.
