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Terms of Use and Service Agreement

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. Welloria, Inc. ("we," "us") is granting you access to the website known as Welloria.com, as well as all services related thereto subject to your compliance with the terms and conditions set forth in this Agreement. By using the Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site. We have recently revised these Terms of Use. Please take a moment to review and agree to this new version. You must be at least 18 years of age to use the Site. If you are not at least 18 years old, please do not access or use the Site. This Agreement is made between Welloria, Inc. and you, the user and/or member of the Site ("you"). We reserve the right at any time to: Change the terms and conditions of this Agreement; Change the Site, including eliminating or discontinuing any content on or feature of the Site; or Change any fees or charges for use of the Site.
Welloria, Inc. is a publisher. All information presented by Welloria.com is for general informational purposes only. The material is not intended to be a substitute for or to be medical or psychological/psychiatric counseling. The site is intended to help you make informed decisions about your lifestyle, health and fitness, and psychology. Before adhering to any of the information or recommendations presented throughout the Welloria.com website and/or newsletter, please consult with your own physician, healthcare practitioner, and/or psychiatrist or psychologist/therapist. We cannot and do not assess, verify or guarantee the adequacy, accuracy or completeness of any information. You bear responsibility for your own personal research and decisions, and should seek the advice of a qualified physician, healthcare practitioner, and/or psychiatrist or psychologist/therapist. Privacy. Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy. Code of Conduct. While using the Site you agree not to: 1) Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of the Site; 2) Use the Site for any unlawful purpose; 3) Express or imply that any statements you make are endorsed by us, without our prior written consent; 4) Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); 5) Engage in, or allow others to engage in, any spamming or flooding of our other users; 6) Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; 7) Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; 8) Remove any copyright, trademark, or other proprietary rights notices contained in the Site; 9) "Frame" or "mirror" any part of the Site without our prior written authorization; 10) Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; 11) Harvest or collect information about Site visitors or members without their express consent; or 12) Permit anyone else whose account or subscription was terminated to use the Site through your subscription, username or password. Registration for Subscription Site. To have access to the services of Welloria, you must be a paid subscriber. When and if you subscribe, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Site. As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or may be otherwise offensive, or one that may cause confusion, as determined by us in our sole discretion. You agree not to transfer or resell your use of or access to Welloria to any third party. If you are a Welloria subscriber, and you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, and immediately notify us by emailing us at info@Welloria.com or by calling our offices during business hours at (888) 578-2483. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. Payment and Renewal. Current subscription rates and charges for Welloria are available by telephone at (888) 578-2483, by email at info@Welloria.com, or on the Welloria subscription page. Payment for your subscription is due in advance of the subscription period you select. Your subscription will continue and will renew automatically unless terminated by us in accordance with this Agreement or until you notify us of your decision to terminate your subscription. The appropriate annual, monthly, or similar periodic fee for your subscription will be billed automatically at the beginning of each renewal period, to the credit card you designated during the registration process (or the one to which you subsequently changed) unless you cancel your subscription before the renewal period begins. You agree to pay all fees and charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. You have 90 days from the date that any discrepancies in your statement or any invoice first appear to notify us. After that time, all charges will be deemed correct. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.

Cancellation. You may cancel your subscription to Welloria.com by notifying our Customer Service Department at info@Welloria.com, or by calling our offices during business hours at (888) 578-2483. Cancellation will take effect within 10 business days after we receive your notification. If you were a semi-annual or annual subscriber, we will reimburse you for any whole months remaining on your subscription after the effective date of the cancellation. Monthly subscriptions will not be reimbursed or refunded. Any delinquent or unpaid amounts must be paid in full before you may re-subscribe. Termination. This Agreement shall remain effective until terminated in accordance with its terms. Welloria, Inc. may terminate this Agreement, and/or your access to and use of the Site or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon 10 business days notice and the reimbursement of any whole months remaining on your subscription, to terminate this Agreement without cause. Any non-personal information, communications or material you send to Welloria by Internet electronic mail are on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products. Any information you send to Welloria must be truthful, legal, and not violate the rights of others. Services and Tools. Your use of certain services on the Site may be governed by additional rules, which are available on the Site or by hyperlink from other Site, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. You expressly acknowledge and agree that your use of all services is solely at your risk.

Making Purchases. The sale and fulfillment of gear purchased from Welloria is governed by its own Terms of Use, available at this link. Sweepstakes, Contests, and Games. Any sweepstakes, contests, and games that are accessible through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. Ownership and Restrictions on Use. © 2005 Welloria, Inc. All Rights Reserved. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may access and use the materials on the Site, and download and/or print out one copy of any materials on the Site, only for your sole personal use. You may not republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights is strictly prohibited. You acknowledge you do not acquire any ownership rights by using the Site. "Welloria," and "Welloria.com," are trademarks and/or service marks of Welloria, Inc. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. Jurisdictional Issues. The Site is directed solely to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide. Links to Other Websites. The Site may contain links to other Internet Websites or resources. We neither control nor endorse such other Websites, nor have we reviewed or approved any content that appears on such other Websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other Websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. Disclaimers. THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WELLORIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE SITE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. WELLORIA AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE MAY BE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ARE FINANCIALLY LIABLE FOR ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF WELLORIA OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK. A possibility exists that the Site could include inaccuracies or errors, or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that such a situation arises, please contact us at info@Welloria.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.

Limitation of Liability. NEITHER WELLORIA, INC. NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. Indemnification. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site or any services related to the Site. Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Los Angeles County, California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all other policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us. Legal Notices. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: Pricing Information. Current rates for our Services may be obtained by calling our Customer Service Department at (888) 578-2483. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement.

Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.



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