Please read this End User License Agreement (this "EULA" or "Agreement") carefully before using any of the services on this website.
II. THIS SITE AND ITS SERVICES ARE FOR CONSUMER EDUCATIONAL USE ONLY.
NOTHING CONTAINED IN THIS SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. WE ADVISE USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS.
III. OTHER THAN AS EXPRESSLY AGREED BETWEEN YOU AND YOUR WELLNESS PROFESSIONAL (as hereinafter defined), YOU AGREE THAT NO HEALTH INFORMATION PROVIDED BY OUR ONLINE SERVICES WILL BE USED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY MEDICAL CONDITION WITHOUT CONSULTING A LICENSED PHYSICIAN AND ANY SUCH ADVICE OR INFORMATION SHALL BE PROVIDED BY YOUR WELLNESS PROFESSIONAL AND WELLNESS FOUNDRY IS NOT RESPONSIBLE FOR THE CONTENT OR REVIEW OF SUCH INFORMATION OF ADVICE.
Application of or reliance on the techniques, ideas, and suggestions accessed through our online services is at your sole discretion and risk. You acknowledge and understand that this site does not provide medical advice. All information contained on this website, including information relating to medical and health conditions, products and treatments, is for informational purposes only. You acknowledge that this information will not be considered complete, will not be used (and is not intended to be used) in place of a visit, call, consultation or advice of your physician or other medical professionals or any information contained on or in any product packaging or labels, and that Wellness Foundry does not recommend the self-management of health problems. Information obtained by using the website is not exhaustive and may not reflect the most current medical, health or nutrition research or developments. You agree that if you should have any healthcare-related questions, please call or see your physician or other healthcare provider promptly. You should never disregard medical advice or delay in seeking medical advice because of something you have read on this website, and you should not use the information contained on this website for diagnosing a health problem or prescribing or using a medication. Additionally, the transmission and receipt of information contained on or through this website or portal, in whole or in part, or communication via the internet, mobile phone application, email or otherwise does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and us. Information and statements concerning dietary supplements have not been evaluated by the FDA or other food or drug authorities and are not intended to diagnose, treat, cure or prevent any disease.
IV. WELLNESS FOUNDRY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION, TOOLS, OR CONTENT INCLUDED IN THE SERVICE.
V. DESCRIPTION OF SERVICE; MINIMUM AGE REQUIREMENT.
VI. OFFER, PAYMENT, AND BILLING TERMS AND CONDITIONS.
Term and Renewal. The initial membership term is selected by you in accordance with what you agree to with the program provided by your Wellness Professional. You agree to a subscription of the time frame selected. Upon expiration of any initial membership term, unless you have agreed otherwise with your Wellness Professional or unless you cancel your subscription, your membership is automatically renewed until further notice. You are financially responsible for all associated subscription and/or access fees to your Wellness Professional unless and until notice of cancellation is received by Wellness Foundry. This Agreement is subject to any and all terms and conditions of your Agreement with your Wellness Professional. Wellness Foundry has entered into a contract with your Wellness Professional to provide this service but is not a direct provider of the services, advice or information provided by your Wellness Professional. Wellness Foundry is not responsible for, and you agree not to hold Wellness Foundry liable for, any such advice, information or services provided by your Wellness Professional through this Service.
Termination or Cancellation Policy.
VII. MODIFICATIONS TO TERMS.
VIII. MODIFICATIONS TO SERVICE.
We reserve the right to integrate into a different web service, migrate to a different URL, modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any Content from the Service at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. We are not liable for any such modification, suspension, discontinuance or removal, and any such action by us will not affect Wellness Foundry's license to your Content as stated below.
IX. POSTING CONTENT ON THE SERVICE; REPRESENTATIONS AND WARRANTIES.
X. OWNERSHIP OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS.
XI.a PROHIBITED CONTENT.
You must not post to the Service any Content that, as reasonably determined by Wellness Foundry, is or appears to be the following:
XI.b PROHIBITED CONDUCT; LIQUIDATED DAMAGES FOR SPAM.
XII. MONITORING OF SERVICE CONTENT; RESOLUTION OF USER DISPUTES.
XIII. PROTECTION OF CONTENT.
XV. DEALINGS WITH MERCHANTS; LINKS.
You agree to hold Wellness Foundry, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns (collectively, the "Indemnified Persons""), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys' fees and expenses, relating to any claim arising out of or related to:
XVII. DISCLAIMER OF WARRANTIES.
WELLNESS FOUNDRY PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELLNESS FOUNDRY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, TOOLS, SOFTWARE, OR CONTENT INCLUDED IN THE SERVICE. WELLNESS FOUNDRY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELLNESS FOUNDRY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SERVICE. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
XVIII. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE DAMAGES NOT EXCLUDED BY THIS SECTION. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
XIX. COPYRIGHT INFRINGEMENT/DMCA.
Wellness Foundry respects the intellectual property rights of others and requests that users of the Service do the same. If you believe that your work is being used on the Service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
XX. CUSTOMER SUPPORT.
We have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion, if you have created an Account and you submit your customer support questions through your Wellness Professional or to email@example.com.
XXI. NOTICES AND CONTACT INFORMATION.
Except as otherwise provided in these Terms, Wellness Foundry will give you any notices by posting them on the Site. Since notice of any material change to the Terms will be posted to the Site for at least 30 days, we encourage you to visit the Site at least that often. You also authorize Wellness Foundry to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to the email address provided by you to Wellness Foundry upon registration. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you by posting on the Site or when sent by Wellness Foundry via electronic mail, whether or not received by you. Wellness Foundry may provide notice to any email or other address that you provide to us. You must keep your address current and any notice sent by Wellness Foundry to the address that you have most recently provided is effective notice. With the exception of notices related to removal of licensed material and to copyright infringement, you must send us any notice by mailing it to our address for Legal Notices which is:
Wellness Foundry USA LLC
c/o Sword Law LLC
676A Ninth Avenue, #119
New York, NY 10036
XXII. ADDITIONAL TERMS.
XXIII. NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found HERE (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
XXIV. NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED.
YOU MAY VIOLATE FEDERAL LAW IF YOU:
The trademarks used in the Service are owned or used under license by Wellness Foundry and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Service or in any Service content. All rights are reserved.
NOTICE REGARDING COPYRIGHT AND TRADEMARK OWNERSHIP: © WELLNESS FOUNDRY HOLDING OY "MealLogger" is a trademark of Wellness Foundry Holding Oy. All rights reserved.