Visitors, viewers, users, subscribers, members, affiliates, or customers (collectively referred to hereinafter as “Visitors”) are parties to this agreement. My Wellbeing Compass LLC and its subsidiaries, licensors, directors, officers, subsidiaries, affiliates, agents, co-branders or other partners, employees, representatives, contractors, agents and sponsors (collectively referred to hereinafter as “Website”) are parties to this agreement.
Website operates this website (referred to hereinafter as the “Site”), other health, nutrition and fitness websites that are part of Website’s portfolio of websites (collectively referred to hereinafter as the “Sites”) and the services, including, without limitation, tools, calculators, quizzes, questionnaires, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and downloadable mobile applications related to the Sites or provided through the Sites (collectively referred to hereinafter as the “Services”).
Purpose of This Site
The Sites and Services offer health, fitness and nutrition related information, but are designed for non-commercial, informational purposes only. VISITOR SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF VISITOR HAVE ANY CONCERNS OR QUESTIONS ABOUT VISITOR’S HEALTH OR THE CONTENT ON THE SITES OR SERVICES, VISITOR SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. VISITOR SHOULD NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM VISITOR’S HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING VISITOR MAY HAVE READ ON THE SITE OR SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITES OR SERVICES IS SOLELY AT VISITOR’S OWN RISK. Nothing stated or posted on the Sites or available through any Services is intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Sites or through the Services and no assurance can be given that the information contained in the Sites or the Services will always include the most recent findings or developments with respect to the particular material. Visitor’s access or use of the Sites and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of the Website. Website does not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Sites or Services. If Visitor rely on any of the information provided by this Site or the Services, our employees, guests or visitors, Visitor does so solely at Visitor’s own risk.
Use of Information from the Sites
This Site and its contents are owned or licensed by the Website. Material contained on this Site must be presumed to be proprietary and copyrighted. Unless Visitor has entered into an express written contract with Website to the contrary, Visitors have no right to use the contents of this Site in a commercial or public setting; Visitors have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this Site. By viewing the contents of this Site Visitor agrees to this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject Visitor to civil or criminal penalties.
Linking to the Sites
Website reserves the right to disallow Visitor to link to the Sites at any time in its sole discretion. If Website exercises such right, Visitor agree to immediately remove and disable any and all of Visitor’s links to the Sites. In the absence of a written agreement with Website specifying how Visitor may link to the Sites, Visitor should use the following guidelines for adding one or more links to the Sites from Visitor’s website:
- The link must be a text-only link that clearly includes the URL of the applicable Site;
- If the link points to any page on the Site other than the home page, the text link must also include the title of the target landing page;
- The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our good name and trademarks;
- The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by us;
- The link, when activated by a user, must display the Site full-screen and not within a “frame” on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows; and
- The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.
Disclaimer of Warranties
THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MY WELLBEING COMPASS LLC, ITS SUBSIDIARIES, LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) VISTOR’S USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, OR (iv) THAT ANY SOFTWARE, SERVICES, WEBSITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VISITOR’S USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT VISITOR’S OWN RISK. WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITES OR THROUGH THE SERVICES. WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION, OR APPLICATION OF MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITES OR THE SERVICES.
Disclaimer Regarding Linked Third Party Sites
The links on any of the Sites and/or Services will let Visitor leave the particular Site or Service Visitor is accessing in order to access a linked third party site (the “Linked Sites”). Website provides these links as a convenience, but Website neither controls nor endorses these Linked Sites, nor has Website reviewed or approved the content which appears on the Linked Sites. Website is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or other materials on or available from any Linked Sites. Visitor acknowledges and agrees that Website shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
Dealing with Third Parties
Visitor’s participation, correspondence or business dealings with any third party found on or through our Sites and Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between Visitor and such third party. Visitor agrees that Website shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
Limitation of Liability
WEBSITE IS NOT RESPONSIBLE NOR LIABLE TO VISITOR OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES AND/OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES AND/OR THE SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF WEBSITE TO VISITOR FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEEDS THE AMOUNT PAID BY VISITOR, IF ANY, FOR USING ANY OF THE SITES AND/OR THE SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to Visitor. To the extent that Website may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Website.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
Jurisdiction and Venue
Website makes no representation or warranty that the content and materials on the Sites or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Website reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites or the Services to any person, geographic area or jurisdiction Website so desires, and to limit the quantities of any such service or products that Website provides.
Visitor agrees that the applicable law to be applied shall, in all cases, be that of the state of Texas.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If Visitor believes in good faith that materials hosted by the Site infringe Visitor’s copyright, Visitor or Visitor’s agent may send to Website a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Website actual knowledge of facts or circumstances from which infringing material or acts are evident. If Visitor believes in good faith that a notice of copyright infringement has been wrongly filed against Visitor, the DMCA permits Visitor to send to Website a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If Visitor believes that Visitor’s work has been copied in a way that constitutes copyright infringement, please provide Website’s Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- identification of the copyrighted work that Visitor claims has been infringed;
- identification of where the material that Visitor claims is infringing is located on the Site or Service reasonably sufficient to permit Website to locate the material;
- Information reasonably sufficient to permit Visitor to contact Visitor, such as Visitor’s address, telephone number and, if available, Visitor’s email address;
- a statement by Visitor that Visitor has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by Visitor, made under penalty of perjury, that the above information in Visitor’s notice is accurate and that Visitor is the copyright owner or authorized to act on the copyright owner’s behalf.
Website’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows. E-mail for notice: copyrights@MyWellbeingCompass.com. Website suggests that Visitor consults Visitor’s legal advisor before filing a notice or counter-notice. Also, Visitor should be aware that there can be penalties for false claims under the DMCA.
The phrase “Personal Contact Information” in this Policy means information that can be used to uniquely identify or contact a single person, including but not limited to Visitor’s full name, address, e-mail address, and or phone number. Visitor’s Personal Contact Information will be processed by Website in the United States where laws regarding processing of Personal Contact Information may be less stringent than the laws in other countries.
The phrase “Personal Information” in this Policy means information that was provided by Visitors through the use of any of Website’s Services. For example: information collected through MyBodyScore™ questionnaire. Visitor’s Personal Information will be processed by Website in the United States where laws regarding processing of Personal Information may be less stringent than the laws in other countries.
The phrase “Health and Wellness Practitioners” in this Policy means professional that is listed on the Get Coached Page including but not limited to physicians, licensed health care professionals, naturopaths, holistic practitioners, health coaches, personal coaches, energy healers, etc.
The phrase “Anonymous Information” in this Policy means information that does not enable identification of or contact with individual persons.
By visiting this Site or using the Services, Visitor is accepting the policies and practices described in this Policy. Each time Visitor visits the Site or uses the Services, Visitor agrees and expressly consents to Website’s collection, use and disclosure of the information that Visitor provides as described in this Policy.
In addition to this general Policy, each Site and Service may have additional privacy provisions that are specific to the particular site. These supplemental disclosures are made adjacent to the particular Service at the time Website collects the information. These supplemental disclosures also govern the use of Visitor’s information.
1. The Information Website Gathers
Website collects information about Visitor in three ways:
A. Information Visitor voluntarily provides to Website
Website collects and maintains information that Visitor voluntarily submit to Website during Visitor’s use of the Sites and Services. Visitor may choose not to provide Website with certain information, but this may stop Visitor from gaining access to Services or limit the features that Visitor may use.
B. Information Website collects through Visitor’s use of the Site.
As Visitor uses the Site and Services, certain information may also be passively collected. Through cookies, pixels, beacons, log files and other technologies, Website may collect information about how Visitor uses the Site and the Services.
C. Information Website receives from third parties.
In addition to the information that Visitor provides or Website collects on the Site or through the Services, Website may verify or collect certain information about Visitor from third parties. Website may combine this third party information with the information Website has already collected from Visitor via Website’s Sites and Services. Website protects and uses this third party information in the same way that Website treats other information – in conformance with this Policy.
2. How Website Uses Visitor’s Information
Website will use Visitor’s Personal Contact Information in the ways described below or described at the time that the information is collected.
Visitor may delete the cookies that Website or Website’s third party vendors have placed on Visitor’s browser.
B. To Provide the Sites and Services.
In general, Website uses Visitor’s Personal Contact Information as necessary or appropriate to:
- provide Visitor access to the Site or Services;
- respond to Visitor’s inquiries or requests that Visitor directs to Website;
- send communications and administrative emails about the Sites or Services;
- personalize and better tailor the features, performance and support of the Sites and Services for Visitor’s use;
- send Visitor promotional/marketing information, newsletters, offers or other information regarding opportunities and functionality that Website think would be of particular interest to Visitor (provided that Website will not give Visitor’s Personal Contact Information to any third party advertising partner without Visitor’s consent);
- improve the quality of the Site and the Services, and
- analyze, benchmark and conduct research on, Visitor’s data and Visitor’s interactions with the Site and Services.
3. Cookies and Targeted Advertising
A. Cookies, Web Beacons and IP Address Information
- “Cookies” are small pieces of information that a website attaches to Visitor’s browser when Visitor visit that website. Website may use both session cookies (which expire once Visitor closes Visitor’s web browser) and persistent cookies (which stay on Visitor’s computer until deleted) to provide Visitor with a more personal and interactive experience with the Sites and Services. Website does not store Personal Contact Information in any cookies on Visitor’s computer.
- Cookies can be removed by following Visitor’s web browser’s directions within the help tab. In order to use certain Services offered through the Sites, Visitor’s web browser must accept cookies. If Visitor chooses to disable cookies, some aspects of the Sites may not work properly, and Visitor may not be able to access Website’s Services.
- An “Internet protocol address” or “IP Address” is a number that is automatically assigned to Visitor’s computer when Visitor uses the Internet. Website, or Website’s service providers, may track Visitor’s IP Address when Visitor accesses the Sites or Services or uses other means to assist with delivering geographically targeted advertisements.
- B. Targeted Advertising
C. Information Collected by Third Party Advertisers
4. How Website Discloses Information to Third Parties
Website knows how important it is to keep the information Visitor has entrusted to Website confidential. Website will not rent, sell or share Visitor’s Personal Contact Information and Visitor’s Personal Information with third parties except as specifically approved or under the circumstances described below. If Visitor does not want Website to use or disclose Personal Contact Information and Personal Information collected about Visitor in the ways identified in this Policy, Visitor should not use the Site or Services.
A. Disclosure for legal reasons
Website may disclose and release Visitor’s Personal Contact Information to third parties: (a) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (b) in special cases, such as a physical threat to Visitor or others, a threat to homeland security, a threat to Website’s system or network, or cases in which Website believes it is reasonably necessary to investigate or prevent harm, fraud, abuse, illegal conduct or a violation or alleged violation of this Policy or other agreement Website may have with Visitor.
B. Agents and Contractors
Website may provide Visitor’s Personal Contact Information to third party service providers who work on Website’s behalf or help Website to operate Website’s business, the Sites and the Services. Examples of such service providers include vendors and suppliers that provide us with technology, services, and/or content for sending email, analyzing data, research, providing marketing assistance, processing payments (including credit card payments), and providing customer service. Access to Visitor’s Personal Contact Information by these service providers is limited to the information reasonably necessary to perform its limited function. These service providers have an obligation under their contracts with Website to keep Visitor’s Personal Contact Information confidential.
C. Aggregated, Anonymous Information
Website may share aggregated Anonymous Information about Visitor with third parties. Aggregated information is Visitor’s Anonymous Information that is combined with the Anonymous Information of other Visitors and does not allow Visitor to be identified or contacted. Depending on the circumstances, Website may or may not charge third parties for this aggregated information, or limit the third parties’ use of the aggregated information.
D. Contests, sweepstakes and polls
E. Sponsors – and other ways that Visitor approves at the time of collection
F. Within our Company; Changes to our Company
Website may share all or some of Visitor’s Personal Contact Information with any of Website’s subsidiaries, joint ventures, or other companies under common control, in which case Website will require them to honor this Policy. Additionally, in the event Website goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, Visitor’s Personal Contact Information may be among the assets transferred. Visitor acknowledges that such transfers may occur and are permitted by this Policy, and that any entity that acquires Website, is merged with Website or that acquires Website’s assets may continue to process Visitor’s Personal Contact Information as set forth in this Policy.
G. Disclosure to Health and Wellness Practitioners
Website may disclose and release Visitor’s Personal Contact Information and Personal Information to Health and Wellness Practitioners that are specifically designated by Visitor to receive Visitor’s Personal Contact Information and Personal Information. For example: information collected through MyBodyScore™ questionnaire will be sent to Health and Wellness Practitioners that Visitor selected to and approved to receive Visitor’s Personal Contact Information and Personal Information.
5. Message Boards and Chats
Website may make message boards, chat rooms, and other interactive forums available as part of the Services. Visitor should be aware that any information which Visitor posts to these interactive forums or otherwise choose to make publicly available, including Visitor’s Personal Contact Information, may be disclosed and available to all Visitors who have access to that portion of the Site or Services, and is therefore no longer private. By using these interactive forums, Visitor agrees that Website is not responsible for any information that Visitor discloses or communicates in such forums, and any disclosures Visitor makes are at Visitor’s own risk.
6. Children’s Information
The Site and Services are not directed or intended for children under 13 years of age. Website does not knowingly collect Personal Contact Information from individuals under 13 years of age. If Visitor is under 13 years of age, Visitor should not register or provide Personal Contact Information on the Site or through the Services. If Website later obtains actual knowledge that a Visitor is under 13 years of age, Website will take steps to remove that Visitor’s Personal Contact Information from Website’s systems. If Visitor is the parent or guardian of a child whom Visitor believes has disclosed Personal Contact Information to Website, please contact Website at privacy@MyWellbeingCompass.com so that Website may delete and remove such child’s information from Website’s systems.
7. Updating and Control of Visitor’s Personal Contact Information
Website offers Visitor choices regarding the collection, use, and sharing of Visitor’s Personal Contact Information. When Visitor receives promotional communications from Website Visitor will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional e-mail or newsletter Visitor receives. Please note that despite Visitor’s indicated email preferences, Website may send Visitor administrative emails regarding the Site and the Services, including, for example, administrative confirmations, and notices of updates to Website Policy if Website chooses to provide such notices to Visitor in this manner.
8. Co-branded Sections of the Sites
9. Third Party Links
The Sites may link to websites operated by third parties that Website does not control. Website does not monitor, control, or endorse the information collection or privacy practices of any third parties. Website strongly encourages Visitor to become familiar with the privacy practices of every website Visitor visits and to contact them if Visitor has any questions about their respective privacy policies and practices. This Policy applies solely to information collected by Website through the Sites or Services and does not apply to these third party websites. The ability to access information of third parties from the Sites or Services, or links to other websites or locations, is for Visitor’s convenience only and does not signify Website’s endorsement of such third parties, their products, services, websites, locations or their content.
Website places a priority on the security of Personal Contact Information, and Website undertakes reasonable security measures to protect the data that resides on Website’s servers. Website also uses secure server software (SSL) to process all financial transactions that occur on the Site. SSL technology can encrypt Personal Contact Information transmitted over the Internet. However, no security system is impenetrable. Website does not warrant the security of Website’s servers, nor does Website warrant that Visitor’s information, including Personal Contact Information, will be completely secure or not be intercepted while being transmitted over the Internet.
Website reserves the right to change, modify, add or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless Website advises Visitor otherwise. However, Website will not use Visitor’s Personal Contact Information in a way that is materially different than the uses described in this Policy without giving Visitor an opportunity to opt-out of such differing uses. Visitor’s continued use of the Site or Services after this Policy has been amended shall be deemed to be Website’s continued acceptance of the terms and conditions of the Policy, as amended. Website encourages Website to bookmark this Web page and review this Policy regularly.
12.How To Contact Website
For any questions regarding privacy or this Policy, Visitor may contact Website as follows: