enhanceables.com Terms and Conditions of Use
The www.enhanceables.com website is owned and operated by enhanceables, LLC, a New York limited liability company (“Company” or “ABLE”, “we”, or “us”). These Terms and Conditions of Use (“Terms”) are intended to make you aware of the terms and conditions of your use of the www.enhanceables.com Site, and any content or other products or services that are offered or provided by ABLE (collectively, the “Site” or “ABLE Technology”).
Company reserves the right, at its discretion, to change, modify, add or remove portions of these Terms at any time by posting such changes to this page. You understand that you have the affirmative obligation to check these Terms periodically for changes, and you hereby agree to periodically review these Terms for such changes. The continued use of the Site following the posting of changes to these Terms will constitute your acceptance of those changes.
YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE ABLE TECHNOLOGY, IN WHOLE OR IN PART, OR OF ANY SERVICE, CONTENT, FEATURE, OR PRODUCT OFFERED THROUGH THE ABLE TECHNOLOGY.
I. WHAT SERVICES DOES ABLE PROVIDE?
ABLE focuses on discovering, curating and sharing useful health and fitness content prioritizing but not limited to categories of psychology, nutrition, lifestyle habits and training content and allowing its community to up-vote the best content to our homepage (collectively, “Health and Fitness Information”).
II. ABLE DOES NOT PROVIDE MEDICAL ADVICE
GO TO THE EMERGENCY ROOM OF A LOCAL HOSPITAL OR DIAL 911 IMMEDIATELY IN THE EVENT OF AN EMERGENCY.
You agree that our provision of the ABLE products, tutorials, Health Information, or any other information provided through the ABLE Website does not constitute the practice of any medical, nursing, or other professional health care advice, diagnosis, or treatment.
All Health Information to which access is made through the ABLE Technology originates from you, counselors, physicians, and other parties and not from us. All such Health Information is subject to change arising from numerous factors, including, without limitation, changes to Health Information made at your request, changes in your health condition, and the passage of time.
We neither initiate the transmission of any Health Information nor monitor the specific content of Health Information being transmitted. We have no responsibility for or liability related to the accuracy, content, currency, completeness, content, or delivery of any Health Information.
DO NOT USE THE ABLE TECHNOLOGY OR ANYTHING YOU FIND ON THE ABLE TECHNOLOGY AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
All information found in the ABLE Technology is for educational purposes only and we do not recommend you begin any fitness program before consulting a physician. You acknowledge and understand that health, diet, and fitness advice is often subject to change due to medical research and developments. ABLE does not represent or warrant that the ABLE Technology will reflect the most recent findings or developments with respect to the content and subject matter contained therein. You must consult with your health care provider if you have any questions or concerns regarding your health or any health condition.
WE DO NOT MAKE ANY GUARANTEE ABOUT THE RELATIONSHIP BETWEEN YOU AND ANY COUNSELOR, OR WHETHER ANY INFORMATION, PRODUCTS, OR SERVICES YOU FIND ON THE ABLE TECHNOLOGY WILL HELP YOU ACHIEVE THE RESULT(S) YOU WANT.
DO NOT SEND US MEDICAL QUESTIONS. WE ARE NOT RESPONSIBLE IF YOU RELY ON ANY CONTENT ON THE ABLE TECHNOLOGY.
III. YOUR USE OF THE ABLE PRODUCTS
You may only access the ABLE Technology using authorized means. ABLE is not liable if you do not have a compatible mobile device, computer, operating system, browser, or any other software or hardware with which the ABLE Technology is not compatible. ABLE reserves the right to terminate the ABLE Technology and the use thereof should you use or attempt to use the ABLE Technology with an incompatible or unauthorized device.
You must immediately notify us of any known or suspected unauthorized use of your account or any known or suspected breach of security, including, but not limited to loss, theft, or unauthorized disclosure of your password. YOU ARE RESPONSIBLE FOR ALL ACTIVITY IN YOUR ACCOUNT. Any fraudulent, misleading, abusive, or illegal activity may be grounds for termination of your account at our sole discretion and we may refer you to appropriate law enforcement agencies.
By using the ABLE Technology, you further agree that:
You will only use the ABLE Technology for your personal and sole use and will not resell it to a third party;
You will not authorize others to use your account;
You will not assign or otherwise transfer your account to any other person or legal entity;
You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
You will not use any of the ABLE Technology for unlawful purposes, including, but not limited to, sending or storing any unlawful material or for fraudulent purposes;
You will not use the ABLE Technology to cause nuisance, annoyance, or inconvenience;
You will not impair the proper operation of the network;
You will not try to harm the ABLE Technology in any way whatsoever;
You will not copy or distribute the ABLE Technology or other ABLE content without written permission from ABLE;
You will keep secure and confidential your account password or any identification we provide you which allows access to any of the ABLE Technology;
You will provide us with whatever proof of identity we may reasonably request;
You will only use an access point or other data account which you are authorized to use;
You will not use any of the ABLE Technology with an incompatible or unauthorized device;
ABLE reserves the right to immediately terminate any of the ABLE Technology and the use thereof should you not comply with any of the above rules.
V. PRECAUTIONS AND LIABILITY
ABLE is not a healthcare provider and takes no part in providing healthcare services. Neither ABLE, nor any of our licensors, suppliers, or affiliates shall be liable for any data or content provided by the ABLE Technology. We do not recommend or endorse any information or content that you or any other party sends through the ABLE Technology.
ABLE assumes no responsibility for the accuracy or completeness of the content of any information provided through the ABLE Technology. ABLE does not warrant that it has a license to use, post, or disseminate any information or content through the ABLE Technology. ABLE will not be responsible for any losses, expenses, or costs incurred whatsoever resulting from your use of the ABLE Technology or any information found therein even if such information was relied upon.
You are solely responsible for having ready access to the ABLE Technology and you are responsible for the payment of all third party service provider fees to have the ABLE Technology available, including, but not limited to, internet service provider fees and/or cellular or personal device service fees. ABLE is not responsible for communication errors or lapses in your provider’s communication network or your device’s reliability and/or service failures.
VI. INFORMATION THAT YOU SUBMIT
VII. WAIVER AND INDEMNIFICATION
BY USING THE ABLE TECHNOLOGY, YOU AGREE TO INDEMNIFY AND HOLD ABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THE ABLE TECHNOLOGY AND ANY INFORMATION OR CONTENT CONTAINED THEREIN, OR ANY ACTION TAKEN BY ABLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS, OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THESE TERMS HAS OCCURRED.
This means that you are barred from suing or recovering any damages from ABLE, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the ABLE Technology, or to take any other action during the investigation of a suspected violation or as a result of ABLE’s conclusion that a violation of these Terms has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms.
VIII. DISCLAIMER OF WARRANTIES
THE ABLE TECHNOLOGY IS PROVIDED “AS IS”. WE DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF (I) YOUR USE OR THE RESULTS OF YOUR USE OF THE ABLE TECHNOLOGY; (II) ANY ADVICE FROM ANY COUNSELORS OR OTHER HEALTH CARE PROVIDERS; OR (III) ANY CONTENT, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE ABLE TECHNOLOGY. WE DO NOT PROMISE THAT THE ABLE TECHNOLOGY WILL BE UNINTERRUPTED OR WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THERE IS NO WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADDITIONAL STATEMENTS OUTSIDE THE TERMS OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY US AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. WE WILL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, HEALTH INFORMATION, OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE ABLE TECHNOLOGY IS AT YOUR SOLE RISK.
IX. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO CASE SHALL ABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE ABLE TECHNOLOGY OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE ABLE TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ABLE TECHNOLOGY, EVEN IF ADVISED OF THEIR POSSIBILITY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE ABLE TECHNOLOGY OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE ABLE TECHNOLOGY IS TO DISCONTINUE USING THE ABLE TECHNOLOGY.
IF A COURT OF COMPETENT JURISDICTION FINDS ABLE LIABLE FOR DAMAGES TO YOU, THEN TO THE MAXIMUM EXTENT ALLOWED BY LAW, ABLE, ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES’ TOTAL LIABILITY TO YOU FOR ANY ACTUAL LOSSES OR DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO ABLE FOR ACCESSING OR USING THE ABLE TECHNOLOGY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ABLE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE ABLE TECHNOLOGY, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK AND ABLE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
ABLE DOES NOT REPRESENT OR GUARANTEE THAT THE ABLE TECHNOLOGY WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND ABLE DISCLAIMS ANY LIABILITY RELATING THERETO.
ABLE grants to you a limited, royalty-free, non-exclusive, personal, non-perpetual, and non-transferable license to use the ABLE Technology and the information provided therein, subject to your compliance with these Terms. Any services provided via the ABLE Technology are licensed, not sold, to you. You may utilize the ABLE Technology and related service only as permitted by these Terms.
You shall not, and shall not allow any third party to, (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the ABLE Technology in any way; (ii) modify, adapt, alter, translate or create derivative works of the ABLE Technology; (iii) create Internet “links” to the ABLE Technology or “frame” or “mirror” any ABLE Technology on any other server or wireless or Internet-based device; (iv) use or merge the ABLE Technology, or any component or element thereof, with other software, databases or services not provided by ABLE; (iv) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or structure of the ABLE Technology; (v) interfere in any manner with the operation of the ABLE Technology; (vii) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the ABLE Technology; (viii) create a database by systematically downloading and storing the information provided via the ABLE Technology and service; or (ix) use any robot, spider, app search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather the information provided through the ABLE Technology or reproduce or circumvent the navigational structure or presentation of the ABLE Technology without our express prior written consent. You agree not to develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with the ABLE Technology.
ABLE will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ABLE may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
XI. OUR PROPERTY OWNERSHIP AND TRADEMARKS
ABLE alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the ABLE Technology and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the ABLE Technology. You may not remove, alter, or obscure any copyright notice or any other proprietary notice that appears on or in the ABLE Technology.
ABLE’s name, logo, and the product names associated with the ABLE Technology are trademarks of ABLE, its affiliated companies, or third parties and no right or license is granted to use them. Any logo, trademark, servicemark, domain name, or trade name appearing on or within the ABLE Technology (“Marks”), whether registered or not, are the property of ABLE or their respective owners. You may not use any Marks without the express written permission of ABLE.
XII. NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEBSITES
The ABLE Technology will include materials from third parties. In addition, ABLE may provide links to certain third-party websites. You acknowledge and agree that ABLE is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. ABLE does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that ABLE is not in any way responsible for any such use by you. If you click on an advertiser’s ad, in the event they are provided, and you are taken to an app or website other than ABLE’s mobile device app or website, you are assuming all responsibility for: (i) lost data; (ii) unsaved data in the ABLE presence that you left; (iii) loss of links to return to the ABLE Technology; (iv) possible intrusion to your ABLE information through the link to the third party app or website.
ABLE is entitled to terminate your use of the ABLE Technology at any time with immediate effect (by disabling your use of the ABLE Technology) if you: (a) violate or breach any term of these Terms; or (b) in the opinion of ABLE, misuse the ABLE Technology. ABLE is not obliged to give notice of the termination of your account in advance. After termination ABLE will give notice thereof in accordance with these Terms.
XIV. GOVERNING LAW AND VENUE
THIS SECTION AFFECTS YOUR RIGHTS. PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS BY USING OUR ABLE TECHNOLOGY.
THESE TERMS ARE ENTERED INTO IN NEW YORK, AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK. THE EXCLUSIVE VENUE FOR ANY LEGAL ACTION AS TO THE INTERPRETATION OR ENFORCEMENT OF THESE TERMS SHALL BE A COURT OF APPROPRIATE JURISDICTION LOCATED IN SUFFOLK COUNTY, NEW YORK OR THE FEDERAL COURTS LOCATED IN NEW YORK, YORK.
The prevailing party in any proceeding to resolve a dispute pertaining to matters covered by these Terms shall be entitled to receive its reasonable attorney’s fees, expert witness fees, and out of pocket costs incurred in connection with such proceeding, in addition to any other relief it may be awarded.
XV. GENERAL COMPLIANCE WITH LAWS
The ABLE Technology and related services are controlled and operated by ABLE from its offices in the United States. You agree to comply with all local, state, and federal laws, statutes, ordinances, and regulations that apply to your use of the ABLE Technology and services.
XVI. OUR COMMUNICATIONS
The e-mail address you provide during the ABLE Technology registration process will be the e-mail address we will use for all ABLE Technology-related communications to you. We may also send you messages via your account on the ABLE Technology. It is your responsibility to monitor these messages and respond in an appropriate manner. The ABLE Technology may contain links or forms that can be used to contact us so you can comment, make a complaint, make suggestions, and ask questions. You represent and warrant that any information you enter into the ABLE Technology is correct and applies only to you and that you will keep your e-mail address and other information about you in your account up-to-date.
You can contact us through your account or by e-mail. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or by our posting notices to your account. You agree that you are able to print the communications for your records. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may choose to get legal notices in paper form through the mail if you tell us you do not want legal notices sent electronically. If you choose to paper form, legal notices will be sent to you in paper form by postal mail or as otherwise permitted or required by law. All other communications not required by law to be in paper form will be sent electronically. To tell us you do not want legal notices sent electronically, and for any other notices under this Agreement, send the notice in writing and by certified and registered mail to email@example.com
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with all policies referred to herein, are the entire agreement between you and ABLE relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and ABLE relating to such subject matter. ABLE’s failure to enforce any right or provisions in these Terms will not constitute a waiver of such provision, or any other provision of these Terms. ABLE will not be responsible for failures to fulfill any obligations due to causes beyond its control. We reserve the right to assign our rights and duties under these Terms to any person at any time without notice to you, nor will we contact you or seek your approval on any such assignment
XVIII. CONTACT US
With questions, e-mail firstname.lastname@example.org