Welcome to https://foundationfitness.com/, a web site owned and managed by Wellnova Consumer Health, LLC, a Delaware limited liability Company (“WELLNOVA”).
WELLNOVA provides and operates the wellnova.com web site, and its associated websites, applications, API, software, plug-ins, links, and other related elements (collectively, the “Site”), which provides information (the “Services”) regarding WELLNOVA products (the “Products”).
By using this Site and/or the Services, you understand and agree to these Terms. At any time and without notice, WELLNOVA may change or discontinue any aspect or feature of the Site, and the revised Terms will be posted on the Site. You may visit our webpage to learn of our revised Terms. All such changes will be binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.
2. Intended Use
a. This Site is intended for your benefit, to educate you about the Products.
b. You understand that WELLNOVA does not accept any liability whatsoever for any harm that might result from any statements presented on the Site, including third-party advertisements or links accessible via the Site.
c. You understand that any statements and materials posted on the Site by WELLNOVA, its employees, contractors, agents, and affiliates are provided for informational purposes only. Nothing in the Site should be regarded as medical, nutritional, business, tax, legal or professional advice of any kind.
d. The statements on the Site have not been evaluated by the FDA. The Products are not intended to diagnose, treat, cure, or prevent any disease.
3. Restrictions on Use
You must be at least 13 years of age to use the Site. You agree to be solely responsible for (i) maintaining such controls over the use and/or access to the Site by minors in your family or (ii) having access to your computer or login limited to the extent necessary to restrict use to adults. Use of portions of the Site that require an account and login are intended for and restricted to authorized persons only, and you will not share your login information with anyone.
The viewing, printing, or downloading of any content, graphic, form, or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any informational material, form, or document may be reproduced in any way or incorporated into any information retrieval system, electronic or mechanical, other than for your own personal use (but not for resale or distribution).
By using the Site, you represent and warrant that you are using the Site solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any materials available through the Site, or WELLNOVA. You also represent and warrant that you are not engaging in activities in an attempt to circumvent, or make any efforts thereto, any encryption, password protection, or security features placed within the Site or any subpart thereof, or reverse engineer any part of the Site, portions of the Site, or any materials available through the Site. You also represent and warrant that any information you provide us is true and accurate.
5. Use of Information and Materials; Confidential Materials
Unauthorized use of our Site and systems including but not limited to unauthorized entry into our system, misuse of passwords, or misuse of any information posted on the Site, is strictly prohibited.
WELLNOVA strives to provide the public with broad access to information about its products and services. In doing so, it is not WELLNOVA’s intention to waive any intellectual property rights, including, without limitation, trade secrets, WELLNOVA may have in information on this Site under applicable laws. WELLNOVA has policies and procedures in place that are designed to prevent the disclosure on this website of information that WELLNOVA considers to be confidential or proprietary trade secret information. However, if at any time you obtain confidential or proprietary trade secret information from this Site that may have been inadvertently disclosed by WELLNOVA, you agree to act in good faith to recognize and respect the confidentiality of such information and you agree not to keep, make use of, or disclose any confidential or trade secret information you may obtain from this Site to anyone else and, after providing notice to WELLNOVA, you agree to immediately destroy any copies of the information, in any form, in your possession.
6. Access to Services
Not all Products are available in all geographic areas. Your eligibility for particular Products or access to certain portions/features of the Site is subject to final determination by WELLNOVA, at its sole discretion. WELLNOVA operates from its headquarters in Little Chute, Wisconsin, USA. However, this Site may be operated from the headquarters, from any of WELLNOVA’s divisions and affiliates located around the world, or hosted on our behalf by any third party. WELLNOVA makes no warranty or representation that materials on this Site are appropriate or available for use in all locations around the world from which it may be viewed.
7. Third Party Links and Materials
b. Third Party Materials. Information posted by authors whose works appear on the Site are their own opinion, and not necessarily that of WELLNOVA. WELLNOVA is not liable for the content of any such author materials appearing on the Site.
8. Intellectual Property.
a. Trademarks. “WELLNOVA”, www.wellnova.com, the “WELLNOVA” logo, all Product names and logos, and all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress appearing on or associated with the Site are the sole property of WELLNOVA or its licensors. All rights are reserved. All other trademarks appearing on the site are the property of their respective owners.
b. Copyrights. The Site contains copyrighted materials and other proprietary information, including, without limitation, downloadable files, text, software, photos, videos, graphics, music, and sound. The contents of the Site are protected under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. No copyright, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of WELLNOVA and the copyright owner.
9. Suggestions and Idea Submissions
Unless otherwise agreed to in writing, WELLNOVA does not accept unauthorized idea submissions outside of established business relationships. To protect the interests of our current partners and ourselves, we must treat the issue of such submissions with great care. Importantly, without a clear business relationship, WELLNOVA cannot and does not treat any such submissions in confidence. Accordingly, please do not communicate unauthorized idea submissions with WELLNOVA through the Site. Any ideas disclosed to WELLNOVA outside of a pre-existing and documented confidential business relationship are not confidential and WELLNOVA may therefore develop, use, and freely disclose or publish similar ideas without compensating you or accounting to you. WELLNOVA will make every reasonable effort to return or destroy any unauthorized idea submissions without detailed review of them. However, if, in WELLNOVA’s sole discretion, WELLNOVA determines that a review is necessary, it will be with the understanding that WELLNOVA assumes no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use. By submitting an idea or other detailed submission to WELLNOVA through the Site, you agree to be bound by the terms of these Terms.
10. User Posts & DMCA Policy
a. When Visitors May Post to a WELLNOVA Site
If this Site permits you to post or upload comments or any other content on the Site, then the following additional terms are applicable to your use and are hereby accepted by you. You understand that all information, content, text, data, messages or other materials, whether posted to the Site or privately transmitted (collectively, “Material(s)”) are the responsibility of the person from which the Material originated. You are responsible for all Material that you post, transmit or otherwise make available on the Site or to others. You acknowledge and agree that you must evaluate and bear all risks associated with the use of any Material, including any reliance on the accuracy or completeness of Material. WELLNOVA does not control this Material and therefore does not guaranty the accuracy, integrity or quality of the Material. WELLNOVA will not be liable in any way for any Material, including but not limited to, any errors or omissions in the Material, or for any loss or damage of any kind incurred as a result of the use of any Material posted, transmitted or otherwise made available on the Site.
While WELLNOVA does not and cannot review every communication or information posted or transmitted by you or others to the Site or to others and is not responsible for the content of these messages, WELLNOVA reserves the right to delete, move, or edit Material that it, in its sole discretion, deems outside the scope of Material that is acceptable for display on the Site, abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
Without limiting the above, you agree that you will not use Material to:
• harass, stalk, threaten or otherwise violate the legal rights (including right of privacy and right of publicity) of others;
• transmit or otherwise make available any Material that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• post Material which infringes the intellectual property rights of others (including but not limited to copyright, trade secret, trademark or other proprietary rights);
• upload, distribute or otherwise publish any libelous, defamatory, obscene, hateful, pornographic, abusive, illegal, threatening or otherwise objectionable material;
• upload or distribute any files that contain viruses, worms, corrupted files or any other similar software or programs that may damage the operation of another’s computer or property of another;
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to regulations promulgated by the U.S. Securities and Exchange Commission;
• transmit or otherwise make available any unsolicited or unauthorized advertising, promotional Materials or any other form of solicitation; and
• distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
You acknowledge and agree that WELLNOVA may disclose any Material, and the source or owner of any Material, if required to do so by law or legal process, to enforce the provisions of these Terms, or protect the rights of WELLNOVA, its customers and/or users of the Site.
b. WELLNOVA’s Rights in Materials Submitted To The Site
Unless otherwise specified by You, any Material you transmit or otherwise make available to this Site shall conform to these Terms and is not confidential or proprietary. By submitting Materials to this Site you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity and rights to disclose personally identifiable information, and you automatically grant WELLNOVA and its affiliates, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to make, sell, use, reproduce, publish, create derivative works of, perform, display, distribute, import and transmit such Material and products incorporating such Material (in whole or in part) in any form, media or technology, now known or later developed for the full term of any intellectual property rights that may exist in such Material for any purpose whatsoever, and to publish the owner’s name in connection therewith, or to use the Materials for any lawful purpose whatsoever, including, without limitation, the right to sub-license the Materials to third parties for their lawful uses and purposes. If your Materials contain photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the child’s parent or guardian to provide the photo, digital, or video image. You warrant that you have the rights necessary to grant the licenses described in these Terms. Subject to existing laws, you waive any moral rights that you or your licensors may have in any Materials.
c. Procedure For Making Claims Of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to this Site’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. WELLNOVA respects the intellectual property of others, and we ask our visitors to do the same. WELLNOVA will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, WELLNOVA will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide WELLNOVA the following information. Please be advised that to be effective, notification must include ALL of the following:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed;
3. A description and, if possible, the IP address of where the material that you claim is infringing is on the Site;
4. Your address, telephone number and e-mail address and all other information reasonably sufficient to permit WELLNOVA to contact you;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6. A statement by you, made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to: email@example.com.
a. Limitations of Warranties and Remedies. To the full extent allowed by law, WELLNOVA disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, and fitness for a particular purpose. WELLNOVA neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale and use of the Products and the Site. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT WELLNOVA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO DATA OR PROPETY WHETHER THE ALLEGED LIBAILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABIITY OR ANY OTHER BASIS, EVEN IF WELLNOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
b. In no event will WELLNOVA be liable for any incidental, consequential, punitive or special damages, including, without limitation, lost profits or revenues, even if WELLNOVA has, or should have had, any knowledge, actual or constructive, of the possibility of such damages.
c. Indemnification. You agree to defend, indemnify, and hold harmless WELLNOVA and its officers and employees (the “WELLNOVA Parties”) against any and all third-party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the WELLNOVA may incur arising out of or resulting from the use of the Site or any of the Products or Services of WELLNOVA.
d. Release. ALL USERS OF OUR SITE ACKNOWLEDGE AND AGREE THAT WELLNOVA AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY, MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEY’S FEES, DAMAGE TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY. WELLNOVA RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF OUR WEB SITE.
c. Choice of Law and Venue. These Terms will be construed and governed in accordance with the laws of the state of Wisconsin without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By entering into these Terms, all parties irrevocably submit themselves to the exclusive venue and personal jurisdiction of the state and federal courts in Brown County, Wisconsin, with regard to any dispute relating to these Terms or its enforcement. The parties also hereby waive any challenge to venue and personal jurisdiction they may have to a lawsuit filed in a state or federal court in Brown County, Wisconsin, relating to a dispute between the parties relating to these Terms or its enforcement.
d. Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
e. Additional Provisions Regarding Liability. You and WELLNOVA agree that the limitations of liability provided in these Terms will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious or unlawful conduct, or damages for strict liability that may not be limited by law.
f. Notices. Any notices or communications sent by you to WELLNOVA pursuant to these Terms must be in writing and sent to the address specified herein or such other address as WELLNOVA may specify in writing. All notices must be sent to: firstname.lastname@example.org.
g. Termination. WELLNOVA may terminate these Terms at any time and may do so immediately without notice and, accordingly refuse or terminate your access to the Site, if, in WELLNOVA’s sole discretion, you fail to comply with any term or condition of the Terms.