Thank you for your interest in Vurb Wellness, which is owned and operated by Vurb Media, LLC (“Company”, “we”, “us”, “our”). Except as otherwise noted herein, these terms and conditions (these “Terms”) govern your use of our website (the “Information Site”), and any other online and mobile application operated by the Company on behalf of itself and/or its affiliates that post a link to these Terms.
Please read these Terms carefully, because your use of the Sites constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Sites. Although you may “bookmark” a particular portion of any of the Site and thereby bypass these Terms, your use of the Sites still binds you to these Terms.
Company reserves the right to make changes to the Sites and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Sites because by visiting any of the Sites, you agree to accept any such changes. Company provides you with access to and use of the Sites subject to your compliance with these Terms.
We maintain the Sites as a service to you and the Internet community. Except as specifically permitted on the Sites, no material from the Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The Sites, including all of its information and contents, such as text (including the Company’s name, logo, and other marks), data, articles, newsletters, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML (collectively, the “Content”) used to generate the pages are Company’s property or that of our suppliers, partners or licensees, and is protected by patent, trademark and/or copyright under United States and/or foreign laws.
Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any pages from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Company. We grant you a personal, limited, non-exclusive, non-transferable license to access the Sites and to use the information and services contained here.
We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products for sale and services described on the Sites and to terminate, change, suspend, or discontinue any aspect of any Site, including, but not limited to, the features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Sites or restrict your access to part, or all, of the Sites without notice or penalty. We have the right to change these rules and/or limitations at any time, at our sole discretion.
1. Proprietary Rights
As between you and Company (or any other company whose marks appear on the Sites), Company (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the Sites, and is the copyright owner or licensee of all materials and content, including, without limitation the Content on the Sites, and the arrangement and integration of all such Content, unless otherwise indicated. The Company logos, designs, titles, phrases, and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Company Intellectual Property”) are owned by Company and may be registered in the United States and internationally. You agree not to display or use the Company Intellectual Property in any manner without Company’s prior permission. Nothing on the Sites should be construed to grant any license or right to use any Company Intellectual Property without the prior written consent of the Company.
Except as otherwise provided herein, use of the Sites does not grant you a license to any Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute, or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Sites is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Company. If you make use of the Sites other than as provided herein, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Sites including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements, is protected by law including, but not limited to, copyright law.
2. Medical Information
THE CONTENT AND OTHER INFORMATION PRESENTED ON THE INFORMATION SITE ARE FOR EDUCATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING. BEFORE STARTING THIS OR ANY OTHER DIET OR FITNESS PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF ONE OR MORE OF OUR DIET AND/OR FITNESS PROGRAMS ARE RIGHT FOR YOUR NEEDS. DO NOT START A DIET OR FITNESS PROGRAM WITH US IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. COMPANY RESERVES THE RIGHT TO REFUSE OR CANCEL YOUR MEMBERSHIP OR USE OF THE SITE IF WE DETERMINE THAT YOU HAVE OR IF YOU INFORM US THAT YOU HAVE CERTAIN MEDICAL CONDITIONS. COMPANY RESERVES THE RIGHT TO CANCEL YOUR USER ACCOUNT SHOULD YOU VIOLATE THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER POSTED POLICY ON THE SITE.
The process of becoming a user of the Information Site (each, a “User”) or a member of the Shopping Site (each, a “Member”) requires entry of certain personal information and, among other conditions, agreement with the Terms in order to gain access to either of the Sites and to use any services in connection therewith (the “Services”).
In registering as a User and/or a Member with the intent of using either of the Sites and Services, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of the Sites and the Services.
You further affirm that either (A) all of the following statements are true: (i) you are not allergic to nuts, eggs, dairy products or any other foods; (ii) you are not presently following a diet plan provided to you by a physician or other medical professional for health reasons; and (iii) you have not been medically diagnosed as suffering from diabetes, hypoglycemia, heart disease, high cholesterol or high blood pressure; or (B) your physician has specifically approved your use of the Sites and the Services.
If you are a woman, in becoming a Member with the intent of using the Sites and the Services, you further affirm that either (A) you are not pregnant, breastfeeding, or lactating or (B) your physician has specifically approved your use of the Site and Services.
You are advised that health, diet & fitness advice is often subject to updating and refining due to medical research and developments. No assurance can be given that the Content will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your healthcare provider with any questions or concerns you may have regarding any health condition.
3. Offer, Payment, and Billing Terms and Conditions
The Sites are currently offered free of charge. Company reserves the right, at any time, to discontinue the Sites and/or to begin charging an access or service fee for use of the Sites. The Sites may be discontinued without advance notice and if it is discontinued any information you have stored or saved on the Site may be lost. In the event Company decides to charge for access to either of the Sites, you will be provided with notice that in order to access such Site(s) you will need to re-register and pay an access fee. If you do not re-register and pay the required fee, you will no longer have access to the Site(s) or any information you have stored or saved on the Site(s).
A. Cancellation Policy: You may cancel your access to either of the Sites after your initial registration. To cancel your User account: enter “Preference Center” and then click to unsubscribe from the Information Site newsletter. To cancel your Member account, enter “My Account” and then click to delete your Member Account. For either of the Sites, to cancel via email: send a message to email@example.com. You will receive confirmation that your membership has been canceled.
Upon cancellation, your account will be terminated effective immediately. We, in our sole, discretion shall have the right but not the responsibility to delete all of the account information provided by you upon the termination of your account.
C. Payment and Billing Policies: Certain products or services may be offered for sale on the Shopping Site. In the event you wish to purchase or to subscribe to any of these products, you will be asked by Company to supply certain information, including without limitation, your full name, address, telephone number, and credit card information. You agree to provide Company with the foregoing information as well as any other information that is accurate, complete, and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchases. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Company reserves the right at any time after receipt of an order to accept or decline such order, or any portion thereof in Company’s sole discretion, even after receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from the Shopping Site for resale by you or any other person, and you may not resell any item purchased from the Shopping Site. In the event a product is listed on the Shopping Site at an incorrect price, Company shall have the right to refuse or cancel any orders placed for products listed at the incorrect price.
4. Minimum Age Requirements
You must be 18 years of age or older to sign up for the Sites.