Basic Terms of Use
Welcome to activatewithamanda.com! We are an online website and smartphone application (“App”) which provides content for your general information and entertainment . By using this website ("Site") and/or App, you hereby consent to the following conditions of use, which together with our Privacy Policy govern the relationship between you and Activate Wellness, LLC, provider of the Site and App. The terms "Provider" or "us" or "we" refer to the owner of the Site and App, Activate Wellness, LLC. The term "you" refers to the user or viewer of our Site and/or App.
The use of the Site is subject to the following terms of use:
We reserve the right at any time to change the terms and conditions of this Agreement; and enhance, add to, modify or discontinue the Site or other Offerings, or any portion of the Site or other offerings, at any time at our sole discretion.
The content of the pages of this Site is for your general information and entertainment purposes only. The content is not intended to be taken as medical advice. The Site and App contain general fitness information and instructional workouts. Always consult your physician before beginning any diet or exercise regimen. There are inherent risks associated with diet, exercise and fitness programs. The User shall engage in these activities solely at their own risk. It shall be your own responsibility to ensure that any content, services or information available through this Site or App meet your specific requirements. It is subject to change without notice.
Additionally, by accessing and using our Site and/or App you agree to be bound by the terms found in our Privacy Policy which can be accessed by the following link.
By using this Site and/or App you represent and warrant that you are over the age of eighteen (18) years.
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Provider and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Sites on the World Wide Web without the written permission of Provider or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Unauthorized use of the Provider Site may give rise to a claim for damages and/or be a criminal offense.
This Site provides links to other Sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). Provider has no discretion to alter, update, or control the content on a linked Site. The fact that Provider has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked Site.
DISCLAIMER: Provider does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Site or by any third party party links, (b) any content provided on linked Sites or (c) the capabilities or reliability of any information, product or service obtained from a linked Site. Other than as required under applicable consumer protection law, under no circumstance will Provider be liable for any loss or damage caused by your reliance on information obtained through the Site or a linked Site, or your reliance on any product or service obtained from a linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, or other content available through the Site, or obtained from a linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
You agree that Provider, its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the Site or a linked Site, or with the delay or inability to use the Site or a lined Site, even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Site and/or App.
It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your username and password. You agree to immediately notify Provider of any unauthorized uses of your username and password or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
The Site and/or App allow you to upload User generated content and to communicate with other Users for the sole purpose of facilitating inclusive community support. Users may also join private groups organized by the Provider on social media sites. You may not transmit material in violation of federal or state laws or regulations, including, but not limited to, obscenity, indecency, defamatory or material infringing trademarks or copyrights. You agree not to use the Site/App or social media groups to bully, harass or intimidate any other users. You may not abuse or fraudulently use the Site/App or social media groups. You represent that you are the owner of all material you upload and transmit and doing so does not infringe upon any third-party rights. Although Provider has no duty to monitor the Site/App or any associated social media groups, it retains the right to remove, without notice, all material it considers to be in violation of any of its policies and may further terminate User’s right to access the Site/App or social media groups without prior notice to the User. You further agree to fully indemnify Provider for any misuse or abuse of this Site/App.
Your use of the Provider Site and/or Provider products and any dispute arising out of such use of the Site and Site is subject to the laws of the State of New Jersey, United States of America and applicable federal law without regard to conflicts of laws principles. You agree to resolve any legal disputes in the Courts of the State of New Jersey.
