Terms of Service.
1. Introduction
Welcome to DexaFit Cleveland’s website, operated by DexaFit Cleveland, an affiliate of DexaFit Health, LLC (collectively, "the Company"). These Terms of Service ("Terms") and all applicable laws and regulations ("Applicable Laws") govern your access and use of the Company’s Website and Software Applications, including its iOS and Android mobile applications (collectively, the "Site"). The information on the Site is for general information and educational purposes, subject to these Terms. We may update these Terms from time to time by posting updates here, so you should check this page periodically. Your use of the Site after any updates means that you accept the changes.
To use the Site, you must be at least 18 years old and agree to these Terms completely. If you do not accept these Terms, you must not access or use the Site. Your access or use of the Site indicates your acceptance of these Terms and representation that you are 18 or older.
Any use of additional services provided by the Company may be subject to additional terms ("Supplemental Terms") which apply when you sign up for a DexaFit service. In case of any inconsistencies between these Terms and the Supplemental Terms, the Supplemental Terms shall govern.
2. Privacy Policy
Please review our Privacy Policy for information about our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated into these Terms.
3. Disclaimer of Warranties and Limitation of Liability
The Company provides the Site as a service to the internet community. The Site is meant to provide general information about its subject matter.
All information is provided “AS IS” without warranties or representations of accuracy. The Company disclaims all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent allowed by Applicable Laws. The information on the Site may only be accurate as of the date it was posted and the Company is not responsible for updating it. Your use of the Site and its content is at your own risk.
Any communication or material you transmit to us through the Site or email is transmitted on a non-confidential basis. We have no obligation not to use the communication or material for any purpose, to the fullest extent allowed by Applicable Laws.
To the fullest extent allowed by Applicable Laws, the Company and its affiliates shall not be liable for any direct, incidental, consequential, indirect, or punitive damages, whether based on contract, tort, or otherwise, even if foreseeable, arising from your access, use, or inability to use the Site or any errors or omissions in its content.
4. No Patient or Client Relationship; No Medical Advice or Diagnosis
The Site does not provide medical advice or diagnosis of disease and is not intended to replace or substitute for medical advice from your doctor or healthcare provider. Your use of the Site does not create a patient or client relationship between you and the Company. The information on the Site should not be used to alter your existing medical treatment, medication regimen, or healthcare activities without consulting your doctor or healthcare provider. If you require urgent care, you should contact emergency services. The Site may contain information about research studies, but it is not intended to be a substitute for medical advice.
THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE INFORMATION PRESENTED ON OUR SITE. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OUR SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF OUR SITE, THE INABILITY TO USE OUR SITES, OR ANY ERRORS OF OMISSIONS IN THE CONTENT OF OUR SITE.
5. No Support or Maintenance
You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with our Site.
6. Intellectual Property: Copyrights & Trademarks
The Company name and logo, and all product names, regardless of whether or not they appear in large print or with a trademark symbol, are trademarks of the Company, its affiliates, related companies, or its licensors or joint venture partners, unless otherwise noted. Use, reproduction, copying, or redistribution of these trademarks without the written permission of the Company is prohibited. Neither these Terms (nor your access to our Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth below. The Company and its suppliers, vendors and other agents reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
The entire content of our Site, including any images, text graphics, videos, and other data, is protected by copyright. In consideration for your agreement to these Terms, the Company grants you a personal, non-exclusive, non-transferable license to access and use our Site. You may download material from our Site only for personal, non-commercial use, and our Site may not be copied, distributed, downloaded, modified, reused, reposted, or otherwise exploited except as provided herein without the express written permission of the Company. It is the policy of the Company to enforce its intellectual property rights to the fullest extent permitted under law. The Company expressly prohibits use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, and any such use or misuse may violate copyright law, trademark law, communications regulations and statutes, and other Applicable Laws.
7. Restrictions on Use
You agree not to: (i) sell, lease, license, or sublicense our Site or any of the content accessible through our Site; (ii) decompile, disassemble, or reverse engineer our Site, in whole or in part; (iii) write or develop any derivative work based upon our Site or anything else accessible through our Site; (iv) use our Site in violation of any Applicable Laws or these Terms; (v) use our Site for purposes of competitive analysis of our Site, the development of competing products or services, spamming or to promote or facilitate disruptive commercial messages or advertisements, or any other purpose that is to the commercial disadvantage of the Company; (vi) retrieve, index, scrape, harvest, data mine, or otherwise systematically gather or store content of our Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from our Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (vii) send or otherwise transmit to or through our Site or to us through email any unlawful, infringing, harmful, harassing, defamatory, threatening, obscene, offensive, hateful, or otherwise objectionable material of any kind, any material that can cause harm or delay to our Site or computers of any kind, and any unsolicited advertising, solicitation, or promotional materials; (viii) attempt to gain unauthorized access to any part of our Site or any server, computer, or database connected to our Site; (ix) use our Site in any way that may lead to the encouragement, procurement, or carrying out of any criminal activity; (x) use our Site to transmit any malware, spyware, viruses, worms, defects, Trojan horses, malicious, or harmful code or use any items of a destructive nature; or (xi) copy, reproduce, distribute, republish, download, display, post or transmit any part of our Site in any form or by any means, except as expressly stated herein. Unless otherwise indicated, any future release, update, or other addition to functionality of our Site shall be subject to these Terms. All copyright and other proprietary notices on our Site (or on any content displayed on our Site) must be retained on all copies thereof.
8. Notice of Copyright Infringement
If you believe that any content on the Site infringes on any copyright that you own or control, or that any link on the Site directs users to another Site that contains material that infringes on any copyright that you own or control, you may file a notification of such infringement with the Company as set forth below. Notifications should include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material.
Contact information for the notifying party, including name, address, telephone number, and email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please submit this notice to the Company at support@dexafit.com.
9. Your Content and Information
You acknowledge and agree that all information, material, comments, and all other content uploaded, posted, or transmitted by you through or to the Site or its applications (“Information“) is your sole responsibility. You agree that: (1) your Information is true, complete, accurate, and non-infringing of any other person’s rights and you will promptly update or correct any Information on becoming aware of any errors or inaccuracies and will provide DexaFit with such assistance as they may reasonably require to identify and remedy any unauthorized use of Information; (2) you have elected to transmit through, or otherwise upload material to, the Site or applications in your sole discretion and you are solely responsible for any claims or allegations contained in any Information transmitted or uploaded; (3) DexaFit may in their absolute discretion at any time and without notice to you remove, cause to be removed, or decline to display any Information on the Site or its applications; and (4) DexaFit will be under no obligation to monitor or censor Information that appears on the Site or applications, but they reserve the right to do so.
By transmitting or uploading any Information on the Site or applications you hereby grant to DexaFit, free of charge and on a non-exclusive basis, a perpetual, royalty-free, transferable license to use the Information in any way, in and on any media, including the right to modify and adapt the Information or use your de-identified Information for research purposes. You warrant that any Information transmitted through, or uploaded to, the Site or applications complies with these Terms and you will be liable to DexaFit for any loss or damage they suffer as a result of a breach of this warranty.
To the fullest extent permitted by Applicable Laws, the Company accepts no responsibility for any Information. If you become aware of any Information which contravenes or potentially contravenes the Terms, please let us know by emailing support@dexafit.com. The Company reserves the right to disclose your identity to any party claiming Information transmitted by you through, or uploaded by you to, the Site or its applications constitutes a violation of their intellectual property rights or of their right to privacy.
10. Third Party Sites and Other Applications
Our Site may include hyperlinks to Sites, plug-ins and applications maintained or controlled by other third parties. The Company disclaims any responsibility for and does not routinely screen, approve, review, or endorse the contents of or use of any of the products or services that may be offered through these Sites, plug-ins and applications. The Company may provide tools that enable you to export information to third-party services, including through our implementation of third-party interfaces (such as “like” or “share” buttons to export information to social media Sites). To the maximum extent permitted by Applicable Laws, by using one of these tools you agree and consent to our transfer of your information to the applicable third-party service. On accessing such third-party services, you become subject to the terms and conditions imposed by the operator of such service. Third-party services are not under our control, and we disclaim any responsibility for any third-party service’s use of your exported information. If you do not wish to export your information, do not use the third-party interface or the third-party service. The third-party service may also contain links to third-party Sites. Linked third-party Sites are not under our control, and we hereby disclaim any responsibility for their content.
11. Severability
Each of the provisions of these Terms operates separately. If one or more provisions are held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms will remain in full force and effect. Without limiting the generality of the preceding sentence, if any remedy set forth in these Terms is determined to have failed of its essential purpose, then all other provisions of these Terms, including the limitation of liability and exclusion of damages, shall remain in full force and effect.
12. Choice of Law
The laws of Ohio, U.S.A., excluding Ohio's conflict of laws rules, will apply to any disputes arising out of or relating to these Terms.
13. No Third Party Beneficiaries
Nothing contained in these Terms is meant or intended to confer any rights, remedies, or benefits upon any third party. The Company may transfer its rights and obligations under the Terms to another organization. You may only transfer your rights or obligations under the Terms to another person if we agree to this in writing.
14. Indemnity
To the maximum extent permitted by Applicable Laws, you agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, subsidiaries, and affiliates (the “Indemnitees”) from and against all third-party complaints, charges, claims, losses, expenses, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) due to, arising out of, or relating in any way to: (1) your access to or use of, or inability to access or use, our Site; (2) your breach of these Terms, in each case unless caused by such Indemnitee’s misrepresentation, gross negligence, willful misconduct, or fraud; or (3) your violation of Applicable Laws. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
15. Termination
These Terms remain effective until terminated by either you or the Company. You may terminate these Terms at any time by ceasing all use of our Site. Similarly, the Company may, at its sole discretion, terminate these Terms at any time, which may include immediate suspension or denial of access to the Site, without any liability to you.
Upon termination, all rights granted to you under these Terms will cease. However, it is important to note that certain provisions of these Terms will survive termination. These include, but are not limited to, restrictions on use, intellectual property rights, disclaimer of warranties, limitation of liability, and any other terms which by their nature should survive termination. These provisions continue to be binding and enforceable.
Additionally, the Company reserves the right to continue utilizing de-identified personal information previously disclosed by you for research and product development purposes, unless you expressly request its removal in accordance with our Privacy Policy.
16. Electronic Communications
The communications between you and the Company use electronic means, whether you use our Site or send us emails, or whether the Company posts notices on our Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
17. Entire Terms
These Terms constitute the entire agreement between you and the Company regarding the use of our Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
18. Contacting Us
If there are any questions regarding these terms of service you may contact us using the information below.
cleveland@dexafit.com
Last updated on Februrary 22, 2024