Welcome to www.wellnesscitychallenge.com. The following are the rules or “Terms” that govern use of the wellnesscitychallenge.com website (the “Site”). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. Wellness City Challenge reserves the right to modify these Terms at any time, effective immediately upon posting on the Site. Your use of the Site following any such modification constitutes your agreement to follow and be bound by these Terms as modified. If you violate these Terms, Wellness City Challenge may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.
Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with the Terms, govern your use of those areas, content or transactions. These Terms, together with applicable additional terms and conditions, are referred to as this “Agreement.”
1. Use of Site
You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (the “Content”) to learn about Wellness City Challenge, its mission, events, products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Wellness City Challenge reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site.
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Wellness City Challenge. You may download and reprint Content for your personal or business use, but you may not manipulate or alter in any way images or other Content on the Site.
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
4. Links to Third-Party Web Sites
5. Linking to this Site
If you would like to link to the Site, you must first obtain Wellness City Challenge’s written consent. Unless specifically authorized by Wellness City Challenge, you may not connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
6. Downloading Files
Wellness City Challenge cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
Any software available for download via the Site is the copyrighted work of Wellness City Challenge and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
8. Disclaimer of Warranties
WELLNESS CITY CHALLENGE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, ITS SERVICES OFFERED ON THE SITE OR THE CONTENT. WELLNESS CITY CHALLENGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. WELLNESS CITY CHALLENGE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. WELLNESS CITY CHALLENGE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
9. Limitation of Liability
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, WELLNESS CITY CHALLENGE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Wellness City Challenge, its employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, any services offered on the Site, the Content, or any violation by you of this Agreement.
12. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
13. Unsolicited Idea Submission Policy.
Wellness City Challenge and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should Wellness City Challenge’s activities bear coincidental similarities with one or more of the unsolicited ideas offered to us. Please do not send your unsolicited ideas to Wellness City Challenge or anyone at Wellness City Challenge. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of Wellness City Challenge, without any compensation to you; (2) Wellness City Challenge will have no obligation to return your idea to you or respond to you in any way; (3) Wellness City Challenge will have no obligation to keep your idea confidential; and (4) Wellness City Challenge may use your idea for any purpose whatsoever, including giving your idea to others.
However, Wellness City Challenge does welcome feedback regarding its goals, events and mission and feedback can be provided through the listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section below.
14. User Supplied Information
15. Password Security
If you register on this Site, you are responsible for maintaining the confidentiality of your identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
16. Violation of The Terms
17. Digital Millennium Copyright Act – Copyright Infringement
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office, and other applicable intellectual property laws. It is our policy to (1) block access or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. If we remove or disable access to comply with the Digital Millennium Copyright Act we will make a good faith attempt to contact the owner, author, or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public.
If you believe that material or content residing on or accessible through our website or service infringes a copyright, please send a notice of infringement by providing a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below.
To expedite our ability to process your request, please use the following format (including section numbers):
Identify in sufficient detail the copyrighted work that you believe has been infringed.
Identify the material that you claim is infringing the copyrighted work listed in item #1 above, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence.
You must identify each search result that directly links to a web page that allegedly contains infringing material. This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result.
Provide information reasonably sufficient to permit Wellness City Challenge to contact you, including address, telephone number and, if available, email address.
Provide information, if possible, sufficient to permit Wellness City Challenge to notify the owner/author/administrator of the web page that allegedly contains infringing material (email address is preferred).
Include the following statement: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
Please sign the paper and send the written communication to the Designated Agent:
Ari J. Lauer
Law Offices of Ari J. Lauer
500 Ygnacio Valley Road, Suite 325
Walnut Creek, CA 94596
Telephone: (925) 933-7012
Facsimile: (925) 933-7017
Email: [email protected]
Once proper bona fide infringement notification is received by the Designated Agent, it is our policy: (1) to remove or disable access to the infringing material; (2) to notify the content provider, member or user that we have removed or disabled access to the material; and (3) that repeat offenders will have the infringing material removed from the system and that we will terminate such content provider’s, member’s or user’s access to our service.
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act.
To file a counter notification with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
Identify the specific URLs at which material appeared before Wellness City Challenge removed or disabled access to such material, and identification of the material that Wellness City Challenge removed or to which Wellness City Challenge has disabled access.
Provide your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Alameda County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification of the alleged infringement.
Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Sign the paper. Send the written communication to the Designated Agent.
If a counter-notice is received by the Designated Agent, Wellness City Challenge may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Wellness City Challenge’s discretion.
18. General Provisions
a. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Wellness City Challenge of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Wellness City Challenge therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Wellness City Challenge does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue exclusively in the state courts of the State of California, County of Contra Costa.
d. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.
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