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ULTISELF CORPORATION
TERMS AND CONDITIONS OF USE

1. SCOPE OF TERMS & CONDITIONS

Ultiself Corporation (“Ultiself”, “our”, “us”) is in the business of providing services in the area of health, wellness and personal development. These Terms and Conditions of Use (“Terms & Conditions”) apply to all users (“Users”, “you” and “your”) of the ultiself.com website (the “Website”), Ultiself’s mobile phone application(s) (the “Mobile App(s)”), and your use of and/or access to the any of our content or information and other online or mobile-enabled technology, digital tools, social media posts, content, websites, courses, coaching, data, other websites owned and controlled by us, mobile apps provided by us and other services and products provided by us (together with our Website(s) and the Mobile App(s), collectively, the (“Ultiself Services”).

You must accept these Terms to create a Ultiself account and to access or use the Ultiself Services. If you do not have an account, you accept these Terms by using any part of the Ultiself Services including by visiting our Site or Mobile App. If you do not accept these terms, do not create an account or use the Ultiself Services.

IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS & CONDITIONS, INCLUDING WITHOUT LIMITATION THE FOLLOWING AGREEMENT AND ACKNOWLEDGEMENT, THEN DO NOT ACCESS, BROWSE OR USE THE ULTISELF SERVICES. MOREOVER, ULTISELF DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR THE SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS & CONDITIONS.

IF YOU DO NOT ABIDE BY THE PROVISIONS OF THESE TERMS & CONDITIONS, EXCEPT AS WE MAY OTHERWISE PROVIDE FROM TIME TO TIME, YOU AGREE THAT WE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR RESTRICT ANY FURTHER ACCESS TO SUCH INFORMATION AND/OR FILES, OR OUR SERVICES, WITH OR WITHOUT NOTICE.

You assume all risks of using the Ultiself Services and, therefore, must exercise caution, good sense and sound judgment in using the Ultiself Services. You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you. Ultiself will investigate any alleged or suspected violations and if a criminal violation is suspected, we may contact and/or cooperate with law enforcement agencies in their investigations.

2. ELIGIBILITY TO USE THE ULTISELF SERVICES

Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Ultiself Services unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the Ultiself Services if you are barred from receiving services under applicable law or have previously been suspended or removed from any of our Ultiself Services platforms.

3. AGREEMENT AND ACKNOWLEDGEMENT

By using the Ultiself Services, you accept these Terms & Conditions and agree to be legally bound and to abide by the terms, conditions, and notices contained or referenced herein, just as if you had signed them. From time to time, we may, in our sole discretion, change, modify, supplement or remove portions of these Terms & Conditions (“Additional Terms”). Such Additional Terms shall become effective upon posting by the Company on the Website, the Mobile App, via the Ultiself Services or sending you an email or other notification. You will be deemed to have agreed to such Additional Terms by your decision to continue accessing the Ultiself Services, including our Mobile App or the Website, or otherwise using any of the Services following the date in which such Additional Terms become effective.

In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Ultiself Services provided to you, including, but not limited to, (i) restricting the time the Ultiself Services are available, (ii) restricting the amount of use permitted, (iii) restricting or terminating any User’s right to use the Ultiself Services and (iv) changing any feature or functionality provided by the Ultiself Services. You agree that any termination or cancellation of your access to, or use of, the Ultiself Services may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Ultiself Services.

Our Mobile App can be downloaded from various applications stores or applications distribution platforms at our sole discretion (the “Mobile App Provider”). You acknowledge and agree that: (i) these Terms & Conditions are entered into between you and Ultiself, and not with the Mobile App Provider or any other third party; (ii) the Mobile App Provider has no obligation to you to furnish any maintenance and support services with respect to the Mobile App; (iii) the Mobile App Provider shall not be contacted by you to address any claims you have or any claims of any third party relating to the Mobile App or your possession and use of the Mobile App, including, but not limited to: (a) product liability claims, (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation; (iv) in the event of any third party claim that the Mobile App or your possession and use of that Mobile App infringes that third party’s intellectual property rights, we reserve the right to investigate any intellectual property infringement claim to the extent required by these Terms & Conditions; (v) the Mobile App Provider and its subsidiaries are third party beneficiaries of these Terms & Conditions as it relates to your license of the Mobile App, and that, upon your acceptance of these Terms & Conditions, the Mobile App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms & Conditions as related to your license of the Mobile App against you as a third party beneficiary thereof; and (vi) you must also comply with all applicable third party terms of service when using the Ultiself Services. You herein acknowledge, understand and agree, unless otherwise expressly provided herein, that there shall be no third-party beneficiaries to these Terms & Conditions.

4. SUBSCRIPTIONS; PAY SERVICES

Our Services include a free, limited version Mobile App but we reserve the right to add and will add additional Services with differing functionality based on the subscription level (“Pay Services”). Pay Services will require our Users to pay a fee, which will generally be paid by the User or on behalf of the User by a third party. You do not have to become a Pay Service user to use the Services. However, if you are not a Pay Service user, you may be precluded from using certain portions, components, content, features, or resources of our Services. We reserve the right to eliminate or modify any or all of the functionality of our Services at any time without any prior notice to you.

Whether or not you use the Pay Services, you are responsible for all charges and fees associated with connecting to and using the Ultiself Services, including without limitation all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Services including our Site and Mobile App.

5. FEES, CANCELLATIONS AND REFUND POLICY

You will be responsible for the fixed and periodic charges and fees (including prepayment plan fees for multiple periods or recurring monthly fees) associated with the Pay Services at the time of subscription. Applicable taxes, and other charges and fees incurred in order to access the Pay Services may also apply. Your Pay Services membership will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Until you cancel, we will charge or debit your payment method at the beginning of your subscription.

Your non-cancellation of the Pay Services or continued use of the paid subscription features on our Site and/or Mobile App will reaffirm that we are authorized to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your subscription to the Pay Services will be terminated as of the end of your current billing cycle. The renewal charge will generally be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. If (i) you purchased a multiple-period prepayment plan or (ii) you were eligible for a promotional rate but are no long eligible for that rate, then your subscription will be offered to renew your subscription at our then-current non-promotional subscription rates at the start of the renewal period. If you wish to renew and we are currently offering promotional rates at such time, you must renew your subscription prior to the termination of your current plan. If you fail to renew your subscription for any Pay Services before its scheduled expiration date, then the then-current non-promotional subscription rate will apply.

You can cancel your subscription for our Premium Services at any time by notifying us in writing or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you terminate your paid subscription for Pay Services, your subscription will remain active until the end of your then-current subscription period. Data is retained after cancellation for a period of at least 30 days. If you sign back up for Pay Services after that time frame, your previous data will not be available.

All fees and charges assessed by Ultiself are non-refundable.

Sometimes we may offer certain Ultiself Services on a free trial basis. We may offer free trials of certain subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial. Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your subscription (plus any applicable taxes and other charges) for as long as your subscription continues, unless you cancel your subscription prior to the end of your free trial. If you choose to cancel your subscription within a trial period that we may offer, you will not be charged for the subscription. Your Pay Services account will expire within 72 hours from the cancel date, and your Pay Services account will be terminated but you will be able to access the free functions of our Services. If you terminate your paid subscription for Pay Services after the trial period, your subscription will remain active until the end of your subscription period, and no subsequent charges will be processed.

Ultiself reserves the right to revise the terms of the fee charge, cancellation and refund policies, upon reasonable advance notice communicated to you through a posting on the Website and/or Mobile App or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). Any changes made will apply to all memberships created or renewed after the date such change was implemented.

All prices include VAT applicable in the respective country of the User.

We reserve the right to give discounts with future effect and define specific terms and conditions for discounts on service without any prior notice to existing users.

We reserve the right to adjust pricing for our Pay Services or any components thereof in any manner and at any time. Any price changes will take effect following notice to you.

6. USER PRIVACY AND SECURITY

To use the Ultiself Services, you may be required to provide us with information about you through a registration form. You represent and warrant that all user information you provide on the registration form or otherwise in connection with your use of the Ultiself Services will be current, complete and accurate. As a registered user of the Services, you are entirely responsible for maintaining the confidentiality of your user account information. You may not use the account or user name of any other member at any time. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s user account information.

You are also entirely responsible for any and all activities which occur under your user account. We will not be liable for any loss that you incur as a result of someone else using your account, either with or without your knowledge. You may also be held liable for any losses incurred by Ultiself, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account.

For users of our Pay Services, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process (“Subscription Data”). You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Services (or any portion thereof). You are obligated to check whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data.

You further agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity while using Ultiself Services. If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Services using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these Terms & Conditions or by law.

Your use of Ultiself’s Pay Services requires you to provide information to Ultiself, including information about your credit card. All information collected by Ultiself as part of our Pay Services is subject to the our Privacy Policy. While Ultiself implements measures to help protect your information, you are solely responsible for maintaining the secrecy of your log-in information and for maintaining possession of your mobile device. If you lose your mobile device containing your Ultiself log-in information, you must notify us immediately and suspend your Ultiself account through the Mobile App or disable the Pay Services either through the Site, Mobile App or other method that might be available to you. You are responsible for all charges on your credit card associated with the Pay Services and any attempt to “charge back” valid fees will be subject to additional costs associated with responding to the credit card vendor.

7. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM ULTISELF, AFFILIATES AND THIRD-PARTY PARTNERS

Ultiself, our Affiliates, and our third-party partners may send communications to you through any of the Services including through the Site and Mobile App including, but not limited, to updates to these Terms & Conditions, legal disclosures, future changes to these Terms & Conditions, Privacy Policy, HIPAA Notice, and other notices, legal communications or disclosures and information related to the Services. Such communications are part of the Services which you cannot opt out of receiving. “Affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Ultiself. Our “third-party partners” may include any of our sponsors, coaches, celebrities, and any third-party which we have a business relationship from time to time at our discretion. You may also receive periodic promotions and other offers or materials Ultiself believes might be of interest to its Users.

As part of your use of the Ultiself Services, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Ultiself Services by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each message; or (b) changing the messaging preferences in your account. If you decide that you do not want to receive future communications electronically after terminating your relationship with Ultiself, please send an email to info@ultiself.com or a letter to Ultiself Corporation, Attention: Customer Service, 7495 W. Atlantic Ave., Suite 200 #346, Delray Beach, FL 33446. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms & Conditions which survive termination of your relationship with us. If you withdraw your consent to receive communications electronically, we may terminate your account and/or access to the Services (or any part thereof).

8. POSTING YOUR CONTENT ON THE ULTISELF SERVICES

Ultiself may enable you to post, upload, store, share, send, or display photos, images, video, data, text, comments, and other information and content (“Content”) to and via the Ultiself Services. By making your Content available on or through the Ultiself Services you hereby grant to Ultiself a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute your Content, in whole or in part, including your name and likeness, in any media.

You represent and warrant that your Content, the use and provision of your Content on the Ultiself Services, and your use of the Ultiself Services will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Ultiself Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Ultiself Services, or which may expose us or our users to any harm or liability of any type. Ultiself may, in its sole discretion, alter, remove, or refuse to display any of your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying your Content to and via the Ultiself Services. Ultiself also reserves the right to terminate your Ultiself account for violating any part of this Section.

Ultiself reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Ultiself is concerned that you may have violated these Terms & Conditions), or for no reason at all and (ii) to remove, suspend or block any Content. UItiself also reserves the right to access, read, preserve, and disclose any information as Ultiself reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms & Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Ultiself, its users and the public.

Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on our Services. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, phone, tablet or any other mobile device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other applications or networked computer environment is strictly prohibited unless you receive our prior written consent.

We may at any time suspend your use of the Ultiself Services and/or remove or disable any Content as to which we reasonably and in good faith believe is in violation of any of these Terms & Conditions. We will provide you with notice of any such suspension or disablement before its implementation unless such suspension or disablement is necessary to comply with legal process, regulation, order or prevent imminent harm to the Ultiself Services or any third party, in which case we will notify you to the extent allowed by applicable law of such suspension or disablement as soon as reasonably practicable thereafter.

YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE SERVICES. YOU BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.

ULTISELF DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE CONTENT POSTED BY USERS, AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREIN. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY USER’S CONTENT (OTHER THAN FOR CONTENT DEVELOPED BY US), INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY USER’S CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT POSTED, EMAILED OR OTHERWISE TRANSMITTED TO OR THROUGH THE SERVICES.

As part of the functionality of Ultiself Services, we may offer the option to allow you to link to your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through Ultiself Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1)we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through Ultiself Services via your account, including without limitation any friend lists and (2)we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on Ultiself Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through Ultiself Services. You will have the ability to disable the connection between your account on Ultiself Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use Ultiself Services. You can deactivate the connection between Ultiself Services and your Third-Party Account by contacting us or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

9. OUR INTELLECTUAL PROPERTY

Ultiself “Intellectual Property” or “IP” includes software; the format, directories, queries, algorithms, structure and organization of our Site and/or Mobile App; the source and object code of the Site and/or Mobile App; works of authorship of any kind; and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Ultiself Services. Ultiself Content, Ultiself Services, and our underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms & Conditions. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Ultiself Services. Our logos and any other Ultiself trademarks that may appear on the Ultiself Services, and the overall look and feel of the Ultiself Services, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Ultiself Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

10. THIRD-PARTY CONTENT

Our Services may include links to websites of third parties (“Third-Party Websites”), some of whom may have established relationships with Ultiself and some of whom may not. We do not have control over the content and performance of Third-Party Websites.

ULTISELF HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES AND DOES NOT ENDORSE (AND IS NOT RESPONSIBLE OR LIABLE FOR) ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD-PARTY WEBSITES. ACCORDINGLY, ULTISELF DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES.

ULTISELF DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF OR RELIANCE ON, ANY CONTENT, ADVERTISEMENTS, PRODUCTS OR OTHER RESOURCES AVAILABLE ON ANY THIRD-PARTY WEBSITES (REGARDLESS OF WHETHER WE DIRECTLY OR INDIRECTLY LINK TO SUCH CONTENT, ADVERTISEMENTS, PRODUCTS OR OTHER RESOURCES).

YOU AGREE THAT, WHEN LINKING TO OR OTHERWISE ACCESSING OR USING A THIRD-PARTY WEBSITE, YOU ARE RESPONSIBLE FOR: (I) TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOU AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODE AND OTHER HARMFUL OR DESTRUCTIVE CONTENT; (II) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT IS OBSCENE, INDECENT, OFFENSIVE, OR OTHERWISE OBJECTIONABLE OR UNLAWFUL, OR THAT CONTAINS TECHNICAL INACCURACIES, TYPOGRAPHICAL MISTAKES AND OTHER ERRORS; (III) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT VIOLATES THE PRIVACY OR PUBLICITY RIGHTS, OR INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS OF THIRD PARTIES, OR THAT IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED; (IV) ALL FINANCIAL CHARGES OR OTHER LIABILITIES TO THIRD PARTIES RESULTING FROM TRANSACTIONS OR OTHER ACTIVITIES; AND (V) READING AND UNDERSTANDING ANY TERMS OF USE OR PRIVACY POLICIES THAT APPLY TO THOSE THIRD-PARTY WEBSITES.

11. PUBLIC FORUM; INFORMATION PROVIDED BY USERS

Ultiself may offer public forms to its Users as a feature of its Services. A “Public Forum” is any area, site or feature offered as part of the Services (including, but not limited to, chat, message board, blog, groups, emails or instant messaging features) that enables you (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other members. Except as otherwise provided in our Privacy Policy and HIPAA Notice, all Public Forum communications are public and not private communications. You are, and shall remain, solely responsible for the User Content that you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting same.

ULTISELF DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.

ULTISELF DOES NOT REPRESENT, WARRANT OR GUARANTEE THE CURRENCY OR ACCURACY OF PUBLIC PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY MEMBERS BY MEANS OF PUBLIC PROFILES OR OTHERWISE IN CONNECTION WITH THEIR USE OF THE SERVICES.

12. LIMITED LICENSE

Ultiself grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Ultiself Services, (2) access and view the Content, and (3) access and use the software and Mobile App(s) provided by the Ultiself Service. This license includes any third-party software embedded in any of our Services. This license is provided solely for your personal, noncommercial use and enjoyment of the Ultiself Services as permitted in these Terms & Conditions.

You shall not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Content, our Services or any portion thereof (including any third-party software), except as expressly permitted in these Terms & Conditions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ultiself, its Affiliates or its licensors, except for the licenses and rights expressly granted in these Terms & Conditions.

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Ultiself Services: (1) use, display, mirror, or frame the Ultiself Services or any individual element within the Ultiself Services, including the layout and design of any page, without our express written consent; (2) use Ultiself’s name, any Ultiself trademark or logo, or any Ultiself proprietary information without our express written consent; (3) access or tamper with non-public areas of the Ultiself Services, Ultiself’s computer systems, or the technical delivery systems of Ultiself’s providers; (4) test the vulnerability of any Ultiself system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Ultiself or any of Ultiself’s providers or any other third party (including another User) to protect the Ultiself Services; (6) access the Ultiself Services or Content through the use of any mechanism other than through the use of an Ultiself Services, including our Site and Mobile App; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Ultiself provides to you or any other part of the Ultiself Services.

13. YOU ASSUME THE RISK OF USING OUR SERVICES

If you rely on any Ultiself Services or Content or data therein, you do so solely at your own risk.

Ultiself’s goal is to provide helpful and accurate information on the Ultiself Services, but we make no endorsement, representation, or warranty of any kind about any Content, information, data, or Ultiself Services. The accuracy of the data collected and presented through Ultiself Services is not warranted or guaranteed, and you understand that any data provided to you through our Services may not be accurate.

We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Ultiself Services. User’s Content and the Services may change from time to time or vary by geographic location. Use of the Ultiself Services should not replace your good judgment and common sense.

ULTISELF EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM OR IN CONNECTION WITH YOUR USE OF THE ULTISELF SERVICES AND PARTICIPATION IN ANY OTHER ACTIVITIES OFFERED IN THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR PARTICIPATION IN ANY PUBLIC FORUM OR YOUR INTERACTIONS WITH ANY AFFILIATES, COACHES, CELEBRITIES, OTHER USERS OR OTHER THIRD PARTIES. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT ULTISELF IS NOT OBLIGATED IN ANY WAY TO (A) SCREEN ITS USERS, (B) INQUIRE INTO THE BACKGROUNDS OF ITS USERS, OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS USERS, INCLUDING WITHOUT LIMITATION INFORMATION OR REPRESENTATIONS CONTAINED IN PUBLIC PROFILES. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER USER IN PERSON WHICH IS NOT RECOMMENDED, IN ANY WAY, BY ULTISELF. ULTISELF DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS OR THEIR COMPATIBILITY WITH YOU.

Click here to see full precautions and disclaimer.

14. USER CONDUCT GUIDELINES

You agree that you will not (and/or will not use the Website, the Mobile App and/or any part of our Services to) upload, post, email or otherwise transmit any Content or other materials that:

  • are unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious, defamatory, vulgar, libelous, slanderous, discriminatory, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
  • contain adult content, including obscene, pornographic, and/or sexual terms, descriptions and/or images, nudity, profanity or graphic violence;
  • incite or encourage criminal or terrorist activities or physical harm against another;
  • exploit political agendas for commercial use;
  • or that contain hate speech based upon the race, sex, national original, religious affiliation, marital status, sexual orientation, gender identify, or language of an individual or group;
  • are not your own;
  • you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party or that are deceptive, misleading or fraudulent or that may otherwise be unlawful or give rise to civil or criminal liability;
  • are unauthorized advertising, promotional materials, “junk mail,” “spam,” “phishing,” “chain letters,” “pyramid schemes,” or any other form of solicitation, opinions or notices, commercial or otherwise;
  • contain software viruses, spyware, adware, worms, or any other computer malware or malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
  • advertises or otherwise solicits funds or constitutes a solicitation for goods or services;
  • Impersonate any person or entity, including, but not limited to any User of the Services, a director, officer, employee, shareholder, agent or representative of Ultiself, our Affiliates, Third Party Partners, or any other person or entity, or falsely states or otherwise misrepresents your affiliation with Ultilself, our Affiliates, Third Party Partners or any other person or entity; or
  • Provides false, misleading or inaccurate information to Ultiself or any other Users;

You are also restricted from (a) creating more than one unique public profile or registering for more than one account except as specifically permitted in these Terms & Conditions, (b) creating an account on behalf of someone else, or create a false or misleading identity on the Services; (c) forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content or other materials transmitted to or through the Services; (d) attempting to probe, scan or test the vulnerability of the Services or any associated system or network, or breach security or authentication measures without proper authorization; (e) using or affecting the Services in any manner that could damage, disable, overburden or impair the Services or its functionality, or disrupt the normal flow of dialogue (including, without limitation, “flooding,” “mail bombing,” or “crashing”), or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the Services; (f) interfering with or disrupting the Services or servers or networks connected to the Services, or disobeying any requirements, procedures, policies or regulations of networks connected to the Services; (g) intentionally or unintentionally violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; (h) stalking or otherwise harassing another User or employee of the Services; (i) soliciting, collecting or posting personal data or attempting to solicit, collect or post personal data about other Users of the Services, including usernames or passwords; (j) accessing or attempting to access another User’s account without his or her consent; (k) reverse engineering, disassembling or decompiling the Mobile App(s), or attempting to discover or recreate the source code for the Mobile App(s) or any portion of the Services; or (l) assigning, transferring or sublicensing your rights as a registered User of the Services.

Your privilege to use the Services (including your ability to contribute to discussions on the Public Forum or communicate with coaches or celebrities) depends on your compliance with the conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Services and/or take any other appropriate measures to enforce these conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our conduct guidelines, or any part of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in, any Public Forum or the Services. Any violation of this section may subject you to civil and/or criminal liability.

YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER MEMBERS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES (INCLUDING ANY PUBLIC FORUM) THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE. UNDER THE FEDERAL COMMUNICATIONS DECENCY ACT OF 1996, ULTISELF IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES.

15. WARRANTY DISCLAIMERS

ULTISELF, ON BEHALF OF ITSELF AND ITS AFFILIATES AND ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY PARTNERS, SERVICE PROVIDERS, LICENSORS AND SUPPLIERS (AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS), HEREBY DISCLAIMS ALL WARRANTIES. THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS PROVIDED IN THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ULTISELF, ON BEHALF OF ITSELF, AND ITS AFFILIATES AND ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY PARTNERS, SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER ULTISELF, ANY OF ITS AFFILIATES, NOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS (AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS) WARRANT THAT THE APPLICATIONS OR ANY FUNCTION CONTAINED IN THE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATIONS OR THE SERVERS THAT MAKE THE APPLICATIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.

NEITHER ULTISELF, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, BUSINESS CUSTOMERS, SERVICE PROVIDERS OR SUPPLIERS (AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS) WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.

16. THIRD PARTY SERVICES

The Ultiself Services may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under Ultiself’s control. This may include the opportunity for you to link your Ultiself account with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. We reserve the right to use a third-party vendor’s affiliate link and receive compensation from the third-party vendor when you purchase a third-party’s service or product by using the affiliate’s link. You acknowledge that any Third-Party Services that you use in connection with the Ultiself Services are not part of the Ultiself Services and are not controlled by Ultiself, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms & Conditions and the Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility in relation to such purchases which are exclusively between you and the applicable third party. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from your use of Third-Party Services.

17. DMCA/COPYRIGHT POLICY

We respect the intellectual property rights of others and expect our Users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others. If you are a copyright owner, or are authorized to act on behalf of one, and you believe materials on Ultiself’s website or activities on its services infringe your rights in your copyright-protected work, please send us an appropriate notification of claimed copyright infringement that complies with 17 U.S.C. § 512 to our Copyright Agent at:

info@ultiself.com

or at the following postal address:

Ultiself Corporation

Attention: Legal

7495 W. Atlantic Ave., Suite 200 #346

Delray Beach, FL 33446

For more information, please visit U.S. Copyright Office website at https://www.copyright.gov/. Before submitting a notice of claimed copyright infringement, please note that doing so can have serious legal consequences. Be sure to consider whether the “fair use” doctrine or another similar limitation of copyright rights applies in your circumstances.

18. CONSULT YOUR PHYSICIAN BEFORE USING OUR SERVICES

Our Services are not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your physician or medical professional before using our Services, engaging in an exercise program, or changing your diet. If you experience a medical emergency, stop using the Ultiself Services and consult with a medical professional. We are not responsible for any health problems that may result from utilizing our Services. If you engage in any exercise program you receive or learn about through the Ultiself Services, you agree that you do so at your own risk and are voluntarily participating in these activities.

Please review our Ultiself Precautions & Disclaimer which are expressly incorporated into these Terms & Conditions.

WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.

IF ULTISELF BECOMES AWARE OF OR SUSPECTS ANY MEDICAL OR MENTAL CONDITIONS OR ILLNESS, ULTISELF MAY, AT ITS SOLE DISCRETION, TERMINATE ALL OR ANY PORTION OF THE SERVICES.

19. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ULTSISELF, ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY PARTNERS, SERVICE PROVIDERS, LICENSORS AND SUPPLIERS (AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE WEBSITE, OUR APPLICATIONS OR APPLICATIONS LINKED TO OUR APPLICATIONS, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES.

YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY ULTISELF, ITS AFFILIATES AND ANY OF ULTISELF’S AND ITS AFFILIATES’ OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE ULTISELF SERVICES.

YOU UNDERSTAND AND AGREE THAT THE CANCELLATION OR TERMINATION OF YOUR SUBSCRIPTION IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH US INCLUDING, WITHOUT LIMITATION, ANY DISPUTE RELATED TO, OR ARISING OUT OF: (I) THESE TERMS & CONDITIONS OR OUR ENFORCEMENT OR APPLICATION THEREOF; (II) ANY PRACTICE OR POLICY OF ULTISELF INCLUDING THESE TERMS & CONDITIONS AND OUR PRIVACY POLICY, OR OUR ENFORCEMENT OR APPLICATION OF THESE POLICIES; (III) THE CONTENT AVAILABLE THROUGH ANY ULTISELF SERVICES INCLUDING BUT NOT LIMITED TO THE WEBSITE, OUR COURSES AND/OR MOBILE APP(S) OR ANY CHANGE IN CONTENT PROVIDED THROUGH THE WEBSITE AND/OR MOBILE APP(S) THROUGH THE SERVICES; (IV) YOUR ABILITY TO ACCESS AND/OR USE OUR WEBSITE AND/OR APPLICATIONS; OR (V) THE AMOUNT OR TYPES OF OUR FEES OR CHARGES, SURCHARGES, APPLICABLE TAXES, OR BILLING METHODS, OR ANY CHANGE TO OUR FEES OR CHARGES, APPLICABLE TAXES, OR BILLING METHODS.

THE MAXIMUM LIABILITY OF ULTISELF AND ITS AFFILIATES AND ITS OR THEIR RESPECTIVE THIRD-PARTY PARTNERS, SERVICE PROVIDERS, LICENSORS AND SUPPLIERS(AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS) TO YOU UNDER ANY AND ALL CIRCUMSTANCES FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ULTISELF AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICES, OR THESE TERMS & CONDITIONS MUST BE INSTITUTED WITHIN 6 MONTHS AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN THESE TERMS & CONDITIONS.

20. INDEMNIFICATION

Without limiting any indemnification provisions of these Terms & Conditions, you agree to indemnify, hold harmless and, at our option, defend Ultiself and our affiliates, and our and their respective officers, directors, members, employees, stockholders, managers, agents and representatives (collectively, “Ultiself Indemnified Parties”) from any and all third party claims, actions, demands, causes of action, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) (collectively, “Claims”) arising from (i) your improper use of the Services or our products or offerings, (ii) your violation of these Terms & Conditions, (iii) your provision to Ultiself or any of the Ultiself Indemnified Parties of information or other data, (iv) your infringement or alleged infringement, or the infringement or use (or alleged infringement or alleged use) by any other user of your account, of any intellectual property or other right of any person or entity, or (v) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation.

The Ultiself Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Ultiself Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Ultiself Indemnified Parties.

21. CHANGES TO THE ULTISELF SERVICES

Ultiself may change or discontinue, temporarily or permanently, any feature, component, or content of the Ultiself Services at any time without notice. Ultiself is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Ultiself Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by us without prior notice to you.

22. HEALTH AND WELLNESS INFORMATION DISCLAIMER

ULTISELF DOES NOT (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY HEALTH AND WELLNESS INFORMATION PROVIDED THROUGH THE ULTISELF SERVICES INCLUDING ON OUR SITE AND MOBILE APP(S); OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH HEALTH AND WELLNESS INFORMATION. UNDER NO CIRCUMSTANCES WILL ULTISELF BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON HEALTH AND WELLNESS INFORMATION.

You are solely responsible for ensuring that any information provided to you is accurate, complete and useful. The information provided to you through the Services may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Ultiself.

Click here to see full precautions and disclaimer.

23. GOVERNING LAW AND VENUE

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Services or these Terms & Conditions, which are not subject to arbitration, shall be filed only in the state or federal courts located in Palm Beach County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

24. DISPUTE RESOLUTION PROVISIONS

We want to address your concerns without needing a formal legal case. Before filing a claim against Ultiself, you agree to try to resolve the Dispute informally by contacting Info@ultiself.com. You agree to allow us 30 days to address your concerns. If a dispute is not resolved within 90 days after submission, you may bring a formal proceeding. This internal dispute resolution process is a condition precedent to any legal action.

You agree that any dispute between you and Ultiself arising out of or relating to these Terms & Conditions, the Ultiself Services, or any other Ultiself products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below. You can decline this agreement to arbitrate by contacting info@ultiself.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.

The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Delray Beach, Florida. The AAA rules will govern payment of all arbitration fees. If we, in our sole discretion, take legal action against you in connection with any actual or suspected breach of these Terms & Conditions, we will be entitled to recover from you as part of such legal action, and you agree to pay, our reasonable costs and attorneys’ fees incurred as a result of such legal action. Ultiself, and its affiliates, officers, directors, employees, consultants, agents and representatives will have no legal obligation or other liability to you or to any third party arising out of or relating to any termination of these Terms & Conditions. If we are required to enforce or defend these Terms & Conditions, we shall be entitled to reimbursement of all reasonable attorneys’ fees and costs to defend or enforce these Terms & Conditions.

We may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Ultiself Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. This right is an exception to the arbitration requirements herein.

You may only resolve Disputes with Ultiself on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Ultiself Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

25. TERM AND TERMINATION

These Terms & Conditions will remain in full force and effect while you use Ultiself Services (including our Website and Mobile Apps). We may terminate your use of, or access to, the Service in accordance with these Terms & Conditions. Termination of these Terms & Conditions automatically terminates all rights and licenses granted to you under these Terms & Conditions, including all rights to use the Ultiself Services, except that all terms that by their nature may survive termination shall be deemed to survive such termination (including, without limitation, intellectual property, disclaimers, limitations of liability, Content license, governing law and venue). Subsequent to termination, Ultiself reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Services, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.

26. PRIVACY POLICY

Every member's registration data and various other personal information are strictly protected by the Ultiself Corporation Online Privacy Policy (see the full Privacy Policy at https://ultiself.com/privacy-policy). As an Ultiself User, you herein consent to the Ultiself Privacy Policy including and not limited to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Ultiself Corporation and/or our subsidiaries, partners and/or affiliates.

27. USER DATA

We will maintain certain data that you transmit to Ultiself Services for the purpose of managing the performance of Ultiself Services, as well as data relating to your use of Ultiself Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using Ultiself Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Using Ultiself Services, including but not limited to visiting our website(s), using our mobile application(s) sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on Ultiself Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA Ultiself Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

29. MISCELLANEOUS TERMS

If any provision of these terms shall be found by a court of competent jurisdiction to be unlawful, invalid, void or voidable, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. 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.

30. ADDITIONAL TERMS MAY APPLY

Additional terms may apply to certain products or services included in Ultiself Services. In the event that there is a conflict between these Terms & Conditions and any additional terms, the additional terms will control.

31. VIOLATIONS

Please report any and all violations of this Terms & Conditions to Ultiself Corporation as follows:

Email: info@ultiself.com

Ultiself Corporation
Florida, USA

 

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