Terms and Conditions of Use
IMPORTANT: PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE ACCEPTING THESE TERMS AND CONDITIONS
This agreement provides its services to you subject to the Terms and Conditions contained in this Service Agreement. If you visit or shop at MVB-Health.com, you accept these Terms and Conditions. This site, as a whole and each individual page, including all its content, graphics, images, photos, video, is provided and owned by MVB-Health.com.
The information presented on this Website is in not intended as medical advice or as a substitute for medical treatment. Nothing stated or presented on this Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.
If you are pregnant, a nursing mother, have any eating disorders like anorexia nervosa or bulimia, or if you are celiac, diabetic, heart disease, or allergic to peanuts, you agree not to participate in any recommended program unless by written permission from your licensed practitioner. If you are in any of these categories and have already joined a program, please contact us immediately so that your membership may be terminated.
If you do not agree to be bound by all of these Terms and Conditions, please do not use or access this Website or any of its or the products sold on it contents, including all the text, graphics, images, and information obtained from MVB-Health.com or any third-party content providers, sponsors, suppliers, and any other materials are to be used for informational purposes only.
PARENTAL OR GUARDIAN PERMISSION
You must be 18 years or older to purchase any product or service offered on or through the website and if you are UNDER THE AGE OF 15, YOU ARE NOT PERMITTED TO USE THIS WEBSITE.
ASSUMPTION OF RISK
The purpose of the Website, including the MVB-Health program, is to provide you with information regarding fat loss. You understand that any fat loss program, including the MVB-Health program, could detrimentally impact your health and involves some risk. No information provided on the Website, including the MVB-Health program, is intended as medical advice or diagnosis, and should not be construed as such. Additionally, no information provided on the Website, including the MVB-Health program, should be considered an alternative to or replacement of the information given to you by a licensed physician. You agree that you should consult a licensed physician before starting and throughout your participation in any weight or fat loss program, including the MVB-Health program.
MVB-Health.com strongly urges you to seek such advice. You hereby assume all risks, including but not limited to risks to your health and safety, in connection with your participation in the MVB-Health program and/or your registration for, use of, or access to the Website. You agree, to the fullest extent allowable by law, to fully and completely waive any claim of liability you may now have or have in the future against MVB-Health.com and its Affiliated Parties for any injury, illness, death, disability, or any other loss or damage resulting from, in connection with, or incidental to your registration for, use of, or access to the Website or your participation in the MVB-Health program or any part thereof.
When you visit the Website or fill out any online forms, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email, or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In the event you register an account to use or access any portion of the Website, you agree to provide MVB-Health with accurate and complete information about yourself (“Personal Data”). In the event your Personal Data is no longer accurate and complete, you also agree to promptly update your Personal Data so that it becomes accurate and complete. You agree not to assign, transfer, or sublicense your rights resulting from your registration for, use of, or access to the Website. It is and remains your sole responsibility to protect your account and materials purchased from unauthorized access. Steps you may take to protect your account and materials purchased include but are not limited to maintaining, keeping confidential, and safeguarding your account user name and password. You are solely responsible for any actions taken by you with respect to your account and materials purchased as well as actions taken by any person you authorize to access your account and materials purchased. You agree to indemnify MVB-Health for any damages or losses incurred by MVB-Health or any other person or entity resulting from your use of your account and materials purchased or the authorized or unauthorized use of or access to your account and materials purchased by any third party.
User content includes material provided to MVB-Health in any form, including but not limited to text, photography, image(s), video(s), sound recording(s), information, data, statement(s) of fact, representation(s), and/or opinion(s), provided in any manner by you, by any third party at your direction or with your authorization, or provided by any third party who has accessed your account with or without authorization (“User Content”).
You may only provide User Content that you own or have permission from its owner to provide. By providing User Content to MVB-Health you represent and warrant that: (i) you own the User Content or have permission and authorization from the User Content’s owner to provide the User Content; (ii) the User Content is complete, accurate, truthful, and not misleading; (iii) the User Content will not violate the rights of any third party including but not limited to rights in connection with copyright(s), trademark(s), trade secret(s), other proprietary right(s), right(s) of publicity, and right(s) of privacy; and (iii) the User Content does not violate any applicable local, state, national, or international law or regulation.
By providing User Content to MVB-Health, you assign to MVB-Health and its Affiliated Parties a perpetual, irrevocable, exclusive, and royalty-free worldwide right, including any moral right, to use the User Content in any manner and in any medium MVB-Health and/or its Affiliated Parties see fit. You understand that by providing User Content to MVB-Health you are relinquishing any ownership interest you previously had with respect to the User Content. You agree that MVB-Health and/or its Affiliated Parties need not obtain further permission from or approval by you for any use(s) of the User Content, nor must MVB-Health and/or its456 Affiliated Parties compensate you for their use(s), individually or collectively, of the User Content. You agree to indemnify MVB-Health for any damages or losses incurred by MVB-Health or any other person or entity resulting from your violation of these provisions.
You acknowledge and agree that the Website is owned by MVB-Health. If any portion of the Website is not owned by MVB-Health, you acknowledge and agree that it is not owned by you. You retain no right, title, or interest in the Website or any portion thereof, including but not limited to any information provided to you on the Website or by MVB-Health and its Affiliated Parties. You understand that MVB-Health grants you a non-exclusive, non-transferable, limited right to register for, access, and use the Website, along with any information provided to you on the Website or by MVB-Health (including the MVB-Health program). You acknowledge and agree that the Website, including the MVB-Health program, is protected by copyrights, trademarks, trade secrets, and/or other proprietary rights, and that these rights are valid and protected in their current form and in any form, media, and technology not now existing but later developed. MVB-Health and its Affiliated Parties may enforce their rights in the Website and in any information provided to you by MVB-Health to fullest extent afforded under the law. You agree not to infringe upon or violate any rights of MVB-Health or its Affiliated Parties in or to the Website or any other information provided to you by MVB-Health, including but not limited to each party’s rights in connection with copyright(s), trademark(s), trade secret(s), and/or other proprietary right(s). You also agree not to exploit, commercially or otherwise, the information provided to you on the Website or by MVB-Health.
LICENSE AND SITE ACCESS
MVB-Health grants you a limited license to access and make personal use of the Website and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of MVB-Health. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of MVB-Health. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MVB-Health without our express written consent. You may not use any metatags or any other hidden text utilizing MVB-Health name or trademarks without the express written consent of MVB-Health. Any unauthorized use terminates the permission or license granted by MVB-Health. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray MVB-Health, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any MVB-Health logo or other proprietary graphic or trademark as part of the link without express written permission.
You may contact us by filling out the contact us form on our website (please provide your first and last name, and order number if applicable)
DISCLAIMERS AND LIMITATION OF LIABILITY
Users of the Website (individually and collectively, “User”) expressly agree that use of the Website is at User’s sole risk. Neither MVB-Health, nor its employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. MVB-Health does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information.
THE WEBSITE IS PROVIDED BY MVB-HEALTH ON AN “AS IS” AND “AS AVAILABLE” BASIS. MVB-Health MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MVB-HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL MVB-HEALTH OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD, RECOMMENDED OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF MVB-Health IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MVB-Health LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MVB-Health, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall MVB-Health or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from communications failure, theft, destruction, or unauthorized access to the Website’s records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
The Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively “Content”). Regarding the Content supplied by Users or parties other than MVB-Health, MVB-Health is a product information website and not a publisher or distributor. MVB-Health has no more editorial control over such third-part Content or websites that we link to than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by MVB-Health are those of the respective authors or distributors and not of MVB-Health. Neither MVB-Health nor any third party, including any Provider, or any User of the Website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Website represents the opinions and judgments of the respective Provider or User not under contract with MVB-Health. MVB-Health neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on 3rd party Websites we may link to. Under no circumstances shall MVB-Health be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Website. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through the Website.
You agree not to undertake any of the following prohibited activities during or in connection with your registration for, use of, or access to the Website:
(i) Violating any applicable local, state, national, or international law or regulation;
(ii) Providing any content that is considered obscene, lewd, to contain nudity, sexually explicit, harassing, threatening, violent, abusive, or otherwise unlawful or objectionable;
(iii) Providing content that you do not own or have a right to provide;
(iv) Violating the rights of any third party, including but not limited to rights in connection with any copyright(s), trademark(s), trade secret(s), other proprietary right(s), right(s) of publicity, and privacy right(s);
(v) Representing to be any third party other than yourself;
(vi) Providing any information that is incomplete, inaccurate, false, or misleading;
(vii) Competing with MVB-Health by advertising or soliciting business on the Website, or otherwise disrupting the business of MVB-Health;
(viii) Transmitting any unsolicited or unauthorized content including advertising and promotional materials, spam, junk mail, viruses, chain letters, pyramid schemes, or other harmful content, computer code, files, programs, and the like;
(ix) Soliciting, collecting, or offering to solicit or collect the personal information of other users of the Website;
(x) Attempting to access or accessing another person or entity’s account without that party’s consent and permission;
(xi) Authorizing any person to use or access your account to undertake any action in violation of the Terms; or
(xii) Otherwise acting in a way that detrimentally affects the quality of another’s use of or experience with the Website.
LINKS TO OTHER SITES
The Website may reference or link to third-party sites throughout the World Wide Web. MVB-Health has no control over these third-party sites or the content within them. MVB-Health cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. MVB-Health does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. MVB-Health does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to click thru to or use a third-party website, you should carefully review such third party’s privacy statement and other terms and conditions of use. By using the Website to click on any link to another third-party site, you agree and understand that you may not make any claim against MVB-Health for any damages or losses, whatsoever, resulting from your use of the Website to obtain information.
Copyright © MVB-Health.com 2016. All rights reserved. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to MVB-Health or its content suppliers and are protected by United States and international copyright law. MVB-Health enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
MVB-Health, and the related logos and other marks indicated on our Website are the exclusive property and trademarks of MVB-Health reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by MVB-Health that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MVB-Health.
You agree to defend, indemnify, and hold MVB-Health and Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT WILL MVB-Health BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE. MATERIALS OR THE USER CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE AND/OR THE USER CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, MATERIALS OR THE USER CONTENT, EVEN IF MVB-Health HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
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, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
You agree to comply with the Terms. You also agree to indemnify, defend, and hold harmless MVB-Health and its Affiliated Parties for your violation of the Terms, including but not limited to any claims, actions in equity, direct damages, indirect damages, incidental damages, special damages, consequential damages, punitive damages, and/or any other tangible or intangible loss resulting from or in connection with your violation of these Terms.
DISCLAIMERS AND WARRANTIES
THE PRODUCTS, SERVICES, INFORMATION, AND DATA PROVIDED BY MVB-Health.com AND ITS AFFILIATED PARTIES ON THE WEBSITE OR OTHERWISE (“PRODUCTS”) ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MVB-Health EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, SUCH AS THOSE FOR FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. MVB-Health AND ITS AFFILIATED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE, RESULTS FROM THE USE, ACCURACY, RELIABILITY, SECURITY, AND/OR SAFETY OF THE PRODUCTS. ANY OF THE PRODUCTS OBTAINED OR USED BY YOU THROUGH YOUR REGISTRATION FOR, USE OF, OR ACCESS TO THE WEBSITE IS AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU, YOUR COMPUTER SYSTEM, CELL PHONE OR SIMILAR DEVISE, YOUR DATA, AND/OR ANY THIRD PARTY RESULTING FROM YOUR OBTAINMENT OR USE OF ANY OF THE PRODUCTS.
The Terms, and any subsequent modifications, shall be deemed executed in the state of Victoria, Australia and shall be governed by and construed in accordance with the laws of the state of Victoria, Australia without giving effect to conflicts of law principles. You irrevocably agree to the exclusive jurisdiction of the courts located within the state of Victoria, Australia for any claim, dispute, or matter arising out of, in connection with, or concerning the Terms. You waive any objection to proceedings in such courts on the grounds of venue or inconvenient forum. Nothing in this clause shall limit the right of MVB-Health or its Affiliated Parties to take proceedings against you in any other court of competent jurisdiction to the extent permitted by the laws of such other jurisdiction.
LEGAL AND ATTORNEY FEES
Each party shall bear its own costs and attorneys’ fees incurred in discussions regarding the parties leading up to and including the preparation of the Terms or a modification of the Terms. If, however, any action at law or in equity is brought to enforce or interpret the provisions of the Terms, the prevailing party in such action shall be entitled to recovery of reasonable attorneys’ fees and costs.
MVB-Health reserves the right to make changes to the Website, these policies, and these Terms and Conditions at any time, effective immediately upon the posting on this Website. Please check these Terms and Conditions periodically. In addition, these Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website. Each time you access this Website, you will be deemed to have accepted any such changes. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Product and/or Service Feedback
MVB-Health welcomes your feedback regarding many areas MVB-Health’s existing business. If you to send us your feedback, we request that you fill out the form on the contact us page. Please provide only specific feedback on our existing products or marketing strategies, but do not include any ideas that MVB-Health ‘s policy will not permit it to accept or consider.
The Terms sets forth the entire agreement between the parties and supersede any and all prior and contemporaneous oral or written agreements or understandings between the parties in connection with the subject matter of the Terms. No representation, promise, inducement, or statement of intention has been made by any party that is not embodied in the Terms. The Terms may be modified only by MVB-Health, or by written agreement of both parties.
The Terms shall be binding on and inure to the benefit of the parties hereto. Each party will have all of the rights and remedies available at law and in equity to enforce its respective rights under the Terms. Should any provision of the Terms be declared or determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the validity of the remaining parts, terms, or provisions shall not be affected thereby and any illegal, invalid, or unenforceable part, term, or provision shall be deemed not to be a part of the Terms. In such event, the parties agree that the court may impose any lesser restrictions it considers appropriate to protect the interests of the parties, as may be applicable.
The headings used in the Terms are for convenience only. The headings in no way limit the scope of the Terms, and they have no legal effect.
If you do not agree with and accept the Terms, then you may NOT register for, use, or access the Website. If you have any questions regarding the Terms please contact us at coaching@MVB-Health.com.