You must be thirteen or over to register as a member of Back2health360 or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel Account page in Account Settings. Back2health360 may terminate your membership for any reason, at any time. If Back2health360 terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees should such fees be charged. Even after membership is terminated, this Agreement will remain in effect.
3. PROPER COMMERCIAL USE BY MEMBERS
Illegal and/or unauthorised uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. PROPRIETARY RIGHTS
Back2health360 owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Back2health360, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. CONTENT POSTED ON THE WEBSITE
You understand and agree that Back2health360 may review and delete any personal information, profiles, photos, videos, documents, text (collectively, “Content”) that in the sole judgment of Back2health360 violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members.
By posting Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Back2health360 an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sublicenses of the foregoing.
You agree to the following commitments :
6. REGISTRATION AND ACCOUNT SECURITY
Back2health360 Members provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
7. PROTECTING OTHER PEOPLE’S RIGHTS
Back2health360 respects other people’s rights, and expects you to do the same.
8. MEMBER DISPUTES
You are solely responsible for your interactions with other Back2health360 Members. Back2health360 reserves the right, but has no obligation, to monitor disputes between you and other Members.
Back2health360 is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilised in the Service. Back2health360 is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Back2health360 assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user or Member communications. Back2health360 is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances will Back2health360 be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and Back2health360 expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Back2health360 cannot guarantee and does not promise any specific results from use of the Website and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by users of Back2health360 or through or from the service shall create any warranty not expressly stated herein.
10. LIMITATION ON LIABILITY
Except in jurisdictions where such provisions are restricted, in no event will Back2health360 be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if Back2health360 has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Back2health360’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Back2health360 for the Service during the term of membership.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of South Australia without regard to its conflict of law provisions. You agree to the non-exclusive jurisdiction of the courts of the State of South Australia.
You agree to indemnify and hold Back2health360, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Back2health360 regarding the use of the Website and/or the Service. The failure of Back2health360 to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The headings in this Agreement are for convenience only and have no legal or contractual effect.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE