Wellfit’s Terms of Service
By accessing or using any of our sites, including https://wellfit.com, mobile sites or mobile applications (collectively “Sites”) operated by Wellfit Technologies, Inc. and its affiliates (collectively “Wellfit”, “we”), you agree that you have read, understood and agreed to be bound by these Terms of Use (“Terms”). If you do not want to be bound by the Terms, you are advised to leave the Sites accordingly. NOTWITHSTANDING THE FOREGOING, IF YOU ENTER INTO A SEPARATE AGREEMENT WITH US IN CONNECTION WITH SPECIFIC SERVICES, FOR EXAMPLE AN AGREEMENT FOR OUR PRODUCTS, SUCH AGREEMENT WILL GOVERN YOUR RELATIONSHIP WITH US AND IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF SUCH AGREEMENT AND THESE TERMS, THE TERMS OF THE AGREEMENT WILL SUPERSEDE. Wellfit reserves the right to revise these Terms at any time, effective upon posting. You are responsible for regularly reviewing these Terms. By continuing to use the Sites after such revisions are made, you express your understanding and agreement to such revised Terms.
PRIVACY POLICY. Your use of the Sites is subject to Wellfit’s Privacy Policy which describes how we will protect your privacy and handle your personal information when using our Sites. By using the Sites, you agree that we can use such information in accordance with the Privacy Policy.
YOUR USE OF OUR SITES. When using our Sites, you must comply with all applicable laws, including federal, state, and local laws, the laws of your jurisdiction, and laws regarding the transmission of technical data.
You are prohibited from:
- altering, modifying, adapting, reverse engineering, decompiling, disassembling, or hacking Wellfit’s intellectual property or the Sites.
- using or exporting Wellfit’s information, products, or services in violation of U.S. export laws and regulations.
- engaging in or promoting any illegal or criminal activity or using the Sites or Wellfit’s products or services to transmit content that could be deemed unlawful, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, pornographic, discriminatory or otherwise inappropriate, including any messages constituting or encouraging criminal conduct.
- distributing unwanted, unsolicited, or harassing mass email or other messages, promotions, advertising, or solicitations (“spam”).
- attacking, abusing, interfering with, intercepting, disrupting, or exploiting any users, systems, or services, regardless of how accomplished, including but not limited to Denial of Service, monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware).
- authorizing, permitting, enabling, inducing, or encouraging any third party to do any of the above.
INTELLECTUAL PROPERTY. Our Sites contain content owned, operated, licensed, and/or controlled by Wellfit that is protected by copyright, trademark, trade secret, or other proprietary rights (“Content”). Wellfit or its licensors retain all rights in such Content. Wellfit grants you a limited, revocable, non-sublicensable right to view the Content solely for your internal use of the Sites.
THIRD PARTY LINKS. The Sites may provide links to Web sites and access to content, products and services of third parties (“Third Party Content”). Wellfit is not responsible for Third Party Content provided on or through the Sites or for any changes or updates to such Third Party Content, and you bear all risks associated with the access to, and use of, such Web sites and Third Party Content, products and services.
DISCLAIMER OF WARRANTIES. The Sites are provided on an “AS IS” and “AS AVAILABLE” basis WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, AND USE OF THE SITES IS AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITES.
INDEMNIFICATION. You agree to indemnify and hold harmless Wellfit, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your use or misuse of the Sites or violation of these Terms or any third party rights, including intellectual property rights.
LIMITATION ON LIABILITY. WELLFIT ASSUMES NO LIABILITY FOR LOSS OR DAMAGE, HOWSOEVER RESULTING, FROM ANY USE OF OR RELIANCE UPON THE SITES OR THE CONTENT. IN NO EVENT WILL WELLFIT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST REVENUE, LOST PROFITS, LOSS OF GOODWILL/REPUTATION, OR LOST ANTICIPATED BUSINESS (EVEN IF WELLFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THESE TERMS OR THE SITES REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY. WELLFIT’S AGGREGATE LIABILITY FOR ANY LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES ASSOCIATED WITH ANY CLAIM OR ACTION RELATED TO, IN CONNECTION WITH, OR ARISING UNDER THESE TERMS OR THE SITES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). TO THE EXTENT A JURISDICTION DOES NOT ALLOW THE LIMITATION OF SOME LIABILITIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
RELEASE OF INFORMATION. We reserve the right to disclose any personal information about you or your use of our Sites and services, without your prior permission if we have a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend our rights and property or our affiliated companies; (3) enforce these Terms; or (4) act to protect the interests of our users or others.
DISPUTES. Any dispute related in any way to your visit to the Sites shall be arbitrated by state or federal courts located in Dallas, Texas and you consent to exclusive jurisdiction and venue of such courts. The arbitration shall be performed before one (1) arbitrator who shall be a retired judge admitted to practice law in the State of Texas and shall be administered by JAMS (or any like organization successor thereto) pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall follow any applicable federal law and Texas state law in rendering an award. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties further understand and agree that the arbitrator’s decision shall be final and binding to the fullest extent permitted by law and enforceable by any court having jurisdiction thereof.
APPLICABLE LAW. Use of the Sites and the Content, all transactions arising from use of the Sites, and these Terms shall in all respects be governed by the laws of the State of Texas, without giving effect to its rules relating to conflict of laws.
MISCELLANEOUS. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from these Terms, and all other provisions shall remain in full force and effect. Any section headings or titles in these Terms are inserted for convenience only and shall have no other meaning. If you or others violate these Terms and Wellfit takes no immediate action, this in no way limits or waives Wellfit’s rights, such as the right to take action in the future or in similar situations. These Terms set forth the entire agreement and understanding between Wellfit and the user of the Sites regarding the subject matter hereof and supersede any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter.
CONTACT INFORMATION. If you have any questions about the Sites or need more information, please contact us.
Wellfit Technologies, Inc.
433 East Las Colinas Blvd, Suite 900
ATTN: Legal Department
Irving, TX 75039
Email us at info@wellfit.com or call (855) 255-3313
These Terms were last updated on January 8, 2024.
