Disclaimer
Terms of service
OVERVIEW
This website is operated by Health4Mation. Throughout the site, the terms “we,” “us,” and “our” refer to Health4Mation. Health4Mation offers this website, including all information, tools and services available from this site to Health Club members only. Any use of this website or the information contained herein by non-members is strictly prohibited.
By visiting our site and/or purchasing something from us, you engage in our “Service” and affirm that you are a Health Club member and agree to be bound by the following terms and conditions (“Terms of Service,” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all members who use this site including without limitation members who are browsers, vendors, customers, merchants, and/or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is the member’s responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on wordpress. They provide us with the online e-commerce platform that allows us to sell our products and services to members.
Our store contains reviews, opinions and information provided by third parties regarding products and services. We are not responsible in any way for the content of any reviews provided by third parties, nor are we responsible for any claims made in any reviews. All reviews are submitted on a voluntary basis and are not paid, rewarded or remunerated in any way.
SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are a member and at least the age of majority in your state or province of residence.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your membership and access to Services.
SECTION 2 — GENERAL CONDITIONS
Health4Mation Health Club is a Private Membership Health Association and will refuse all services to anyone who is not a member.
As a member, you understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
As a member, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of this website or the information contained herein or to share or distribute any portion thereof with non-members without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – MODIFICATION TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
We shall not be liable to any member or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 4 — PRODUCTS OR SERVICES
Certain products or services may be available exclusively to members through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, under our Articles of Association to refuse the sales of our products or Services to any non-member. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 5 — ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us, and will refuse all orders from non-members. We will also refuse any shipments to non-members, even if the order was placed by a member (drop shipments). We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors which are not in compliance with the terms of our Articles of Association.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You agree not to allow non-members access to your account.
SECTION 6 — OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by members of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 7 — THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 8 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS (INCLUDING YOUTUBE INQUIRIES)
If, at our request, you send certain specific submission (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 9 — PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 10 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 11 — PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service and Articles of Association, you are prohibited from using this site or its content: (a) in any way, shape or form if you are not a member; (b) in the public domain; (c) for any unlawful purpose; (d) to solicit others to perform or participate in any unlawful acts; (e) in association with any federal, provincial, state or local agencies; (f) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (g) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (h) to submit false or misleading information; (i) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (j) to collect or track the personal information of others; (k) to spam, phish, pharm, pretext, spider, crawl, or scrape; (l) for any obscene or immoral purpose; (m) or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your membership and access to the Service or any related website for violating any of the prohibited uses.
SECTION 12 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk and by your own choice. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Health4Mation, our Trustees, or any of our members be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such state or jurisdictions, our liability shall be limited to the maximum extent permitted by law or the terms of our Articles of Association, whichever is less.
SECTION 13 — SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 — TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated in writing by you or us. You may terminate these Terms of Service at any time by notifying us that you wish to cancel your Health Club membership.
If in our sole judgment you fail, or we suspect that you have failed, to comply with the Articles of Association, these Terms and/or the Health Club Membership Contract, we also may terminate your membership at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
In the event that a member files a credit card dispute (“chargeback”) without first attempting to resolve the issue by contacting DMHHC, LLC, the member’s health club account will be closed and their membership immediately and irrevocably terminated.
SECTION 15 — ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, the Articles of Association, Membership Contract and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 — CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to ur website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.