Terms and Conditions


 

1. General.

Dynamic Health & Wellness, Inc. and its affiliates (“Dynamic Health & Wellness, Inc.”, “we” or “us”) have created and maintain this website for your benefit, information, education and communication. By accessing and/or using this website, you accept, without limitation or qualification, these terms and conditions of use. We reserve the right to change the terms and conditions from time to time at our sole discretion without notice. Such changes will be effective immediately upon posting to the website. In the event of any violation of these terms and conditions, we and our business partners reserve the right to seek all remedies available by law and in equity for such violations. These terms and conditions of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications. Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Dynamic Health & Wellness, Inc. reserves all legal rights and remedies available to it and these terms and conditions shall in no way be deemed a limitation or waiver of any other rights Dynamic Health & Wellness, Inc. may have. Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control. Unless otherwise indicated, all material on this site © 2013 Dynamic Health & Wellness, Inc.. All rights reserved.

2. Intellectual Property.

The materials contained in this website are copyrighted and may not be reproduced in any form, or by any means, without the express written permission of Dynamic Health & Wellness, Inc., except as expressly provided in these terms and conditions or in the text on the website. You may download material displayed on the website for non-commercial personal use only, provided you retain all copyright and other proprietary notices contained in the materials. You may not, however, reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post, or use the content of this website for public or commercial purposes, including, without limitation, the text, images, audio and video, without the express written permission of Dynamic Health & Wellness, Inc.  Dynamic Health & Wellness, Inc. neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Dynamic Health & Wellness, Inc. Images of people or places displayed on the website are either the property of, or used with permission by, Dynamic Health & Wellness, Inc. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the website are registered and unregistered Trademarks of Dynamic Health & Wellness, Inc. and other third parties that have authorized the use of such Trademarks on the website. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of Dynamic Health & Wellness, Inc.  or the appropriate third party. Your use of the Trademarks displayed on the website, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited. You are also advised that Dynamic Health & Wellness, Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law.

3. Disclaimer.

Dynamic Health & Wellness, Inc. makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Dynamic Health & Wellness, Inc. computer systems. You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with this website and you agree to hold Dynamic Health & Wellness, Inc. harmless from, and you covenant not to sue us for, any claims for lost data, work delays or lost profits resulting from use of materials or content from this website. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. Use of the website is at the risk of the user. To the extent permitted by applicable law, this website is provided “as is”. Neither Dynamic Health & Wellness, Inc. nor any other party involved in creating, producing, or delivering the website is liable for any direct, special, incidental, consequential, indirect or punitive damages arising out of access to, or use of, the website including, without limitation, lost profits or revenues, costs of replacement goods, loss of damage to data arising out of the use or inability to use this site, or damages resulting from use of or reliance on the information present, even if Dynamic Health & Wellness, Inc., or its suppliers have been advised of the possibility of such damages. Without limiting the foregoing, everything on the website is provided without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement or arising from a course of dealing, usage or trade practice. Dynamic Health & Wellness, Inc. does not in any way guarantee the quality, data content, artistic worth, or legality of information, content, goods or services that are transferred, received, purchased, or otherwise made available or obtained by way of this website. We do not warrant that this website will be error-free or that defects will be corrected. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We also assumes no responsibility, and will not be liable for, any damages to, or viruses that may infect, computer equipment or other property on account of your access to, use of, or browsing in this website or your downloading of any materials, data, text, images, video, or audio from the website.

4. Privacy of User Information.

Please see our Privacy Policy for information regarding the collection of personal information from this website. Despite any representations concerning privacy, Dynamic Health & Wellness, Inc. reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

5. Availability of Products and Services.

The information provided at this website is published throughout the world. Dynamic Health & Wellness, Inc. manages this website from its facilities in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region. Please research for information as to products and services that may be available in your country.

6. Links to Third Party Sites.

This website may contain links to third party sites. Such linked sites are not under the control of Dynamic Health & Wellness, Inc., and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained on any such linked sites. Access to any other Internet site linked to this website is at the user’s own risk. We have not reviewed the sites linked to the website. We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement by Dynamic Health & Wellness, Inc. of such third party sites or any goods or services offered by such third parties.

7. User Content.

Dynamic Health & Wellness, Inc., is pleased to hear from its customers, however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing. Anything you disclose or offer to us by or through this website (“Communications”), including e-mails to Dynamic Health & Wellness, Inc. or postings on interactive portions of this website, shall be deemed and shall remain the property of Dynamic Health & Wellness, Inc. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. Dynamic Health & Wellness, Inc. is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to Dynamic Health & Wellness, Inc. through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE Dynamic Health & Wellness, Inc. from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website or Dynamic Health & Wellness, Inc., you hereby grant Dynamic Health & Wellness, Inc., to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded Communications have been waived.

8. Interactive Areas and Code of Acceptable Conduct.

Dynamic Health & Wellness, Inc. does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct: You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content. You will not upload viruses or harmful components. You will not use the website to further any illegal purpose or to violate the rights of any party. You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services. Dynamic Health & Wellness, Inc. will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

9. Products, Services and Software.

A description or reference to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by Dynamic Health & Wellness, Inc. of that product, service or publication. Products offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product. Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by Dynamic Health & Wellness, Inc.  or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.

10.  Cancellation Policy

A minimum 24 hours notice of cancellation is required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. Dynamic Health & Wellness, Inc. reserve the right to levy a $25.00 charge to cover any subsequent administrative expenses if cancellation exceeds our minimum 24 hour notice.

11.  Termination of Agreements and Refunds Policy

Both the Client and Dynamic Health & Wellness, Inc. have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway.  Any monies that have been paid to us, which constitute payment in respect of the provision of unused Services, shall be refunded accordingly.

12.  Log Files

Dynamic Health & Wellness, Inc. uses IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within Dynamic Health & Wellness, Inc. on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

13.  Cookies

Like most interactive web sites, Dynamic Health & Wellness, Inc., website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for our visitors. Some of our affiliate partners may also use cookies.

14.  Confidentiality.

Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services.  Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Dynamic Health & Wellness, Inc. will only be in connection with the provision of agreed services and products offered by Dynamic Health & Wellness, Inc.

15. Jurisdiction and Choice of Law.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the courts located in California in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenience in any such action.

16. Severability.

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

 

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