Terms of Use

Terms and Conditions of Use

Hello and thank you for visiting!  It is important to us that everyone has a positive and safe online experience with Urbanwellness, so here are the terms and conditions of using this website.

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.  Any changes will be effective when posted. Periodically review our Terms of Use to become aware of any changes.

User Requirements

You must be at least 18 years old to participate on Urbanwellness.com (“site”). We do not knowingly collect personal information from anyone under the age of 18. If you are under the age of 18, with the permission of your parent or legal guardian, you may view the Site as a visitor.

By accessing Urbanwellness.com, you agree not to:

  • use the site in any unlawful manner or in any manner that could damage, disable, disrupt or impair the sites or interfere with any other users use and enjoyment of the sites
  • use spiders, robots, data mining techniques or similar data methods to download or otherwise, store, publish or distribute the content of the site.
  •  intercept or misappropriate data or personal information from the site.
  •  post, transmit, publish, share or otherwise make available any information, software or other material that contains a virus, malware or any other harmful component including but not limited to trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage or interfere with the Site.
  • intimidate, harass or insult other users
  • post, transmit, publish, share or otherwise make available any content that is abusive, harmful, unlawful, fraudulent, threatening, infringing, hateful, harassing, defamatory, insulting, obscene, profane, racist, or otherwise objectionable
  • post, transmit, publish, share or otherwise make available content that would incite a criminal offense, violate the rights of others or that would otherwise create liability or violate any Applicable Laws
  • post, transmit, publish, share, or otherwise make available any inappropriate advertising, solicitations or promotional materials including junk mail or spam that would violate the CAN-SPAM Act
  • inappropriately post, transmit, publish, share, or otherwise make available or solicit private information such as phone numbers, addresses, social security numbers
  • impersonate any person or entity (including, but not limited to, any of our employees or representatives), or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity
  • use your account or another users account in an inappropriate or unauthorized manner
  • post the same message or comment multiple times

 

We reserve the right to monitor communications on the site between you and other users.

 

User Registration

If you access the Site as a visitor, you will not be required to provide personally identifiable information. However, to access certain Services, you may be required to register or to create an account and to provide certain information.

When registering an account, you agree to:

  • provide true and accurate information about yourself
  • create a suitable username that is not offensive, infringing or deceptive
  • not register for more than one account,
  • not register for an account on behalf of someone other than yourself
  • maintain the security of your passwords and identification
  • be responsible for all use and activity under your account, and the consequences thereof, regardless of whether you have authorized such use and activity
  • immediately notify us of any unauthorized use of your password or account or any other breach of security

 

If we determine, in our sole discretion, that you have violated these Terms of Use we reserve the right, without notice, to remove your account and restrict, suspend or terminate your access to all or any part of the Site in our sole discretion.

 

Restrictions on Use of Site Content

Our trademarks and service marks, along with our trade names, trade dress (the “Marks”) and designs and all other content found on our Site, including, but not limited to, articles, recipes, art, designs, graphics, text, postings, images, links, photographs, videos, information, and music (collectively, the “Site Content”) is our property and/or the property of its respective owners. Unless noted otherwise, you may access the Site Content for your personal and non-commercial use only. You will not acquire any ownership rights by downloading the Site Content. You may not use, modify, copy, publish, display, transmit, adapt, frame or in any way exploit the Site Content, in whole or in part, without our prior written authorization and the authorization of all respective owners of the Site Content. You must abide by all copyright notices or other restrictions contained on the Sites. Any unauthorized use of the Site Content will terminate any permissions granted herein. Such unauthorized use may also violate Applicable Laws, including copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to the Marks or Site Content.

Links to Third-Party Sites

The site may contain links to other sites (“Third-Party Sites”) containing content, goods, services, and applications not owned by us. These Terms of Use apply only to our Site. We do not control, endorse, take responsibility for, investigate, monitor or check for accuracy, appropriateness or completeness of any content of Third Party Sites. You release us from any and all liability, direct or indirect, and for any loss or damage in connection with your use of, or reliance on, any content of Third-Party Sites.

Copyright Complaints

We respect other peoples intellectual property rights. Therefore it is our policy to remove any materials that infringe upon another partys intellectual property rights. In accordance with the Digital Millennium Copyright Act (the “DMCA”), and upon proper notice, we will remove User Content (and any other Site Content) that violates copyright law. If you believe your work has been infringed send an email to: Danielle@urbanwellness.com containing the following information: (i) the identification of the copyrighted work; (ii) the location the material on the Site; (iii) your contact information; (iv) a statement that you have a good-faith belief that the use is unauthorized, (v) a statement that you are the copyright owner or authorized to act on the copyright owners behalf and (vi) a statement, made under the penalty of perjury, that all the information in your notice is accurate; and (vii) your signature (physical or electronic).

By submitting a notice, you acknowledge and agree that we may forward your notice and any related communications to any users who posted the material identified in such notice or to other third parties.

Personal Advice

The site content cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. We encourage you to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information found on the site. Your access and use of the site does not in any way create 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 its contributors. We do not endorse any specific tests, physicians, techniques, opinions, or other information that may appear on the site. Your reliance on any information provided on the site is solely at your own risk. We make no representations or warranties concerning any treatment, action or application of exercises, techniques and/or remedies by any person following the information offered or provided within or through the Site. We are not liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to, economic loss, injury, illness or death.

No Medical Advice

Content on this and related sites in no way constitutes medical advice and is not intended to be a substitute for medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. We also advise you to consult with your medical doctor before changing your diet or lifestyle. Never disregard professional medical advice or delay seeking it as a result of your use of site content. We make no guarantees about your experience or results from your use of content and you release Urbanwellness its officers, employees, and consultants of any liability relating to your use.

Warranties

YOU USE THE SITE AT YOUR OWN RISK. THE SITE (AND ANY PORTION OF THE SITE) IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAWS, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). We make no warranties or representations about the accuracy or completeness of content available on or through the Site, the Site Content, or the content of any websites, any social media or other Internet resources linked to the Site and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies contained on the Site; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site (or any parts thereof); (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, Trojan horses, malware or the like which may be transmitted to or through the Sites (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the Site Content, the use of the Site and/or through your or any other users exercise of any rights granted by us herein. We reserve the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Site (including, without limitation any of the Services).

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, REVENUES, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).

Indemnification

You agree to indemnify and hold harmless us and our officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys fees and costs) connected to (i) any of your User Content, (ii) your exercise of any of your rights granted herein, (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms of Use, (iv) your violation of any persons intellectual property, privacy, publicity or other right, (v) the violation of any Applicable Laws and/or these Terms of Use by you and/or anyone using your registered account to access and/or otherwise use the Sites (in whole or in part), or (v) your willful misconduct or the willful misconduct of anyone accessing the Sites through your registered account. We reserve the right to assume the exclusive defense of any matter subject to indemnification by you, and you shall agree to cooperate with us in asserting any available defenses.

Jurisdiction

We control and operate the Site from our offices in the United States. We do not represent that materials on the Sites are appropriate or available for use in other locations. People who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Arbitration

These Terms of Use will be governed by, and construed in accordance with the laws of the State of New York. All disputes related to these Terms of Use shall be submitted for resolution to the American Arbitration Associations (“AAA”) New York, New York office. You hereby waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final, and judgment may be entered into it in accordance with the applicable law in the Circuit Court of New York, New York. If either you or we desire arbitration, that party agrees to serve written notice of the arbitration with the other party and the AAAs New York, New York office.

.

Severability; Waiver; Modification

If any provision of these Terms of Use is found unlawful, void or for any reason unenforceable, then said provision shall be severed from the remaining Terms of Use and shall not affect the validity or enforceability of the remaining provisions. Failures to timely exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between you and us relating to the subject matter contained herein.

Questions

If you have any questions regarding these Terms of Use, you may contact us at: Danielle@urbanwellness.com