Terms & Conditions
Effective as of November, 2017
IMPORTANT NOTICES AND DISCLAIMERS:
- This Site (including all information and material provided on this Site) is for general informational purposes only. THIS SITE does not PROVIDE medical advice AND Nothing ON THIS SITE is intended to constitute or substitute for professional medical advice, diagnosis or treatment.
- This Site does NOT provide instructions in the event of an emergency. IF YOU HAVE A MEDICAL EMERGENCY OR A LIFE-THREATENING SITUATION, PLEASE CALL 911 IMMEDIATELY.
- You should NEVER delay or forego seeking professional medical advice because of any information or material provided on this Site. You should NEVER use or rely upon this Site or any information or material provided on this Site to self-diagnose, treat, cure, or prevent any medical condition.
- AC Wellness makes NO representation or warranty (whether express or implied) that this Site will be free of errors or defects; that any error or defect on this Site will be corrected; or that any information or material provided on this Site will be accurate, current, complete, or useful.
- All information and material provided on this Site is subject to change and/or removal at any time by AC Wellness in its sole discretion and without notice.
All information and material provided on this Site, including, without limitation, text, photos, images, graphics, videos and audios, as well as layout design and look-and-feel elements of this Site (hereinafter, collectively, “Site Content”), are the property of AC Wellness and/or its affiliates, or used by AC Wellness and/or its affiliates with permission, and are protected by U.S. and foreign copyright and other intellectual property laws. Subject to your compliance with these Terms & Conditions and applicable laws, we hereby grant you a revocable, conditional and limited license to access and use this Site and Site Content for your own personal and noncommercial use only. This license is personal to you and is not transferable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms & Conditions or any applicable law). Except as expressly authorized in writing by AC Wellness or as permitted by applicable laws, any unauthorized use, copying, reproduction or distribution of this Site or any Site Content is strictly prohibited and may result in civil and/or criminal liabilities. We reserve all rights not expressly granted herein.
The “Apple” name and logo and other Apple associated marks and logos are the trademarks and service marks of Apple Inc., and are used on this Site with permission.
Any unlawful, abusive, or unauthorized use of this Site or Site Content is strictly prohibited. Without limitation to the generality of the foregoing, you may not:
- use this Site or any Site Content in violation of these Terms & Conditions or any applicable law;
- reproduce, download, display, perform, publish or distribute copies or derivative works of this Site or any Site Content, unless expressly permitted by these Terms & Conditions or otherwise in writing by AC Wellness, or by applicable laws;
- remove, conceal, alter, or otherwise tamper with any copyright, author/source attribution, trademark, or other legal notices that appear on this Site or are included or embedded in any Site Content;
- interfere in any way with the operation of this Site or any server, network or system associated with this Site, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of this Site or any server, network or system associated with this Site; breaching or circumventing firewall, encryption, security or authentication routines; or accessing data or information not intended for you;
- use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access this Site or any server, network or system associated with this Site, or to extract, collect, harvest or gather content from this Site; or
- frame or otherwise create a browser or border environment around any page of this Site or any Site Content.
- Your submission is completely voluntary and is made without any condition of compensation, credit, attribution, secrecy or confidentiality. No contractual, fiduciary or confidential relationship of any kind (whether express or implied) is created between you and AC Wellness by reason of your submission. Your submission is not returnable and may be retained indefinitely by AC Wellness and its affiliates, successors and assigns.
- You represent and warrant that your submitted material does not contain another’s confidential or proprietary information and does not violate another’s intellectual property or other proprietary right, or any applicable law.
- AC Wellness and its affiliates, successors and assigns will be free, without any obligation or restriction, to use your submitted material, in whole or in part, for any and all lawful purposes related to its and/or their businesses (including, without limitation, product research and development, marketing, advertising, promotion, publicity, public relations, education and training), throughout the world and in perpetuity.
Links to Third-Party Websites
For our users’ convenience, this Site may contain links to third-party websites. Unless expressly otherwise stated, such linked third-party sites are neither owned, controlled or operated by, nor affiliated with, AC Wellness. Accordingly, AC Wellness assumes no responsibility for such linked third-party sites or for their content, products, services, views, opinions, policies or activities, and the inclusion of any link or reference to such third-party sites does not constitute or imply AC Wellness’s endorsement, sponsorship or approval of such third-party sites or their content, products, services, views, opinions, policies or activities.
Disclaimer of Warranties
THIS SITE AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, AC WELLNESS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE AND ALL SITE CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, AC WELLNESS DOES NOT WARRANT THAT: (I) THIS SITE AND ALL SITE CONTENT WILL BE ERROR-FREE, ACCURATE OR UP TO DATE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECT OR ERROR ON THIS SITE OR IN ANY SITE CONTENT WILL BE CORRECTED; OR (III) THIS SITE AND ALL SITE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AC WELLNESS EXCLUDES ALL WARRANTIES.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL AC WELLNESS OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS OR ADVISORS BE LIABLE TO YOU, WHETHER UNDER A THEORY OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, OR LOSS OF DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO YOUR USE OF (OR YOUR INABILITY TO USE) THIS SITE OR ANY SITE CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
These Terms & Conditions are governed by and shall be construed in accordance with the laws of the State of California (without regard to its choice of law or conflict of laws provisions). We may change and update these Terms & Conditions from time to time in our sole discretion. By continuing to use this Site after such notice, you agree to be bound by these Terms & Conditions as changed/updated. If any provision contained in these Terms & Conditions is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in these Terms & Conditions shall not be affected and shall remain in full force and effect. A failure by AC Wellness to exercise or enforce any right or provision under these Terms & Conditions does not constitute a waiver of such right or provision. A waiver of any right or provision under these Terms & Conditions will only be effective if it is in writing and signed by AC Wellness.