Terms of Service

Important- please read these terms of service carefully as they contain important information regarding your rights, remedies and obligations.

Welcome to enliveo (the “Service”). The Service is a tool to connect you to your friends, family and the community as well as informational resources available on the world-wide web.

These Terms of Service govern your rights and obligations concerning use of the Service. Please read these Terms of Service carefully. If you do not agree with these terms, please do not use Service.

General

These Terms of Service form a legal agreement between you and enliveo. By accessing,browsing, or using this Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and to comply with all applicable laws and regulations. enliveo may provide upgrades and updates to the Service from time to time. Any modifications will be made in the sole discretion of enliveo without notice to you. This Service and its content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without enliveo’s prior written consent, except that enliveo grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal use of this Service. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. However, any software and other materials that are made available for downloading, access, or other use from this Service with their own license terms, conditions, and notices will be governed by those terms, conditions, and notices. Your failure to comply with the terms, conditions, and notices on this site may result in automatic termination of any rights granted to you, without prior notice. In that event, you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission granted in these Terms of Service, enliveo does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another web site or in any other media.

Changes to these Terms of Service or Web Site

enliveo may change or modify these Terms of Service from time-to-time without notice other than posting the amended Terms on the Web Site. The amended Terms will automatically be effective when posted on our Web Site. Your continued use of our Service after any changes in these Terms of Service shall constitute your consent to such changes. enliveo reserves the right to change, modify or discontinue, temporarily or permanently, the Service (or any portion of it), including any and all content contained within the Service, at any time without notice. You agree that enliveo will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service (or any portion of it).

Certain Disclaimers

The Service may contain content of third parties and is not promised or guaranteed to be correct, current, or complete, and may contain inaccuracies or errors. enliveo and its representatives assume no responsibility (and expressly disclaim responsibility) for updating the Service to keep information current or to ensure the accuracy or completeness of any posted information. enliveo provides no assurances that any reported problems within the Service will be resolved by enliveo, even if enliveo elects to provide information with the goal of addressing a problem.

User Obligations

You are solely responsible for the information that you upload, publish or display on or through the Service. Except as expressly provided in the Privacy Policy, in consideration of your use of the Service, you agree to provide accurate, current and complete information within the Service and to be fully responsible for all use of the Service. You also acknowledge and agree that if enliveo concludes that you have violated these Terms, your rights to use the Service and participate in its communities may be suspended or terminated. In addition, you agree not to use the Service to:

1. infringe or misappropriate the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets and patents;
2. record, sell, publish, distribute, retransmit, transfer, display, modify, create derivative works, or in any way exploit content placed within the Service, or any portion of it;
3. damage, disable, overburden or impair the Service or any equipment given to you to use the Service;
4. record, upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5. intimidate or harass another person;
6. threaten harm to yourself or others;
7. violate the privacy of other participants by recording any programs or events on the platform using any devices without the express permission of enliveo;
8. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
9. advertise, transmit, store, post, display or otherwise make available obscene or offensive speech or material; or
10. engage in activities, whether lawful or unlawful, that enliveo determines in its sole discretion to be harmful to other users of the Service, its operations, or enliveo’s reputation, goodwill or customer relations or which may expose enliveo, its licensees or its licensors or users to any harm or liability of any type.

Participation with the Service

enliveo does not monitor the Service on a continuous basis. enliveo cannot assure that your participation with the Service, including but not limited to questions, comments, or suggestions will be acknowledged by enliveo or third parties or receive a response. Subject to enliveo’s Privacy Policy and applicable law, by your submission you grant enliveo an unrestricted, irrevocable right to use, reproduce, display, perform, modify, transmit, and distribute such information. Any personally-identifiable or protected health information that you submit to enliveo utilizing the Service will be handled in accordance with our Privacy Policy and applicable law.

Content

enliveo makes available interactive programs among participants of the Service and a selection of informational resources, which comprise portions of the content contained on the Service. Although enliveo routinely contacts its sources for programmatic changes impacting the content on the Service, enliveo does not validate, error check or otherwise confirm the truth, accuracy or timeliness of content that is provided to enliveo and is posted on or generated through the Service; or review, edit, censor, or warrant the quality or accuracy of content that is provided to us that users may acquire from the Service. By making use of the Service, you acknowledge that enliveo does not provide any warranty or representation concerning the accuracy or completeness of the content generated by the Service.

Physical Activity Programs

Exercise is not without its risks and any exercise program may result in injury. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program, shown in any of the programs from enliveo. In addition, if at any point during a program you begin to feel faint, dizzy or have any physical discomfort, you should stop immediately and consult a medical professional. Many of the exercises in the programs are suited to sitting: some may be done in a standing position. Standing during any exercise in any program is at your own risk and please only do so if you feel comfortable – there’s no pressure to do so on our behalf or from your peers.

By using this Service, you represent that you understand that physical exercise carries the risk of injury. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in programs and activities from enliveo, you will not exceed your limits while performing such activity, and you will select the appropriate level of programs for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You expressly waive and release any claim that you may have at any time for injury of any kind arising out of your participation in this Service against the enliveo, or any person or entity involved with the enliveo, including without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

Links

Any links on the service that allow you to access a third party site are not under the control of enliveo and accordingly enliveo is not responsible for the contents of any third-party linked site, any link contained in such linked site, or any changes or updates to such sites. enliveo is not responsible for webcasting, program activity, program participant’s behavior or comments or any other form of transmission received from any such linked site. enliveo is providing these links to you only as a convenience, and the inclusion of any link to a third-party site does not imply endorsement by enliveo of the site.

Intellectual Property Rights

Use of the Service does not grant to you any rights in connection with any trademarks or service marks of enliveo or its licensors. Without enliveo’s prior written consent, you agree not to display or use any trademarks or service marks of enliveo or its licensors in any manner. All title and intellectual property rights in and to the content which may be accessed through use of the Service is the property of the respective content owner and may be protected by applicable copyright or other intellectual property law. No ownership of any part of the content is transferred to you in any manner whatsoever.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, enliveo has adopted a policy of terminating, in appropriate circumstances and at enliveo or its licensees’ discretion, users who are deemed to be repeat infringers. enliveo or its licensees may also at their discretion limit access to the Service and/or terminate the access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Privacy

These Terms of Service co-exist with our Privacy Policy and together both policies govern the general practices and usage of this Service. Use of this Service at any time shall be deemed conclusive evidence of your agreement that your license to access and use the Service is governed by these Terms of Service and the Privacy Policy displayed on the Service. enliveo encourages you to familiarize yourself with both documents.

No Endorsement

Users of the Service are welcome to share information and resources in public forums contained on the Service. However, reliance on any information provided or shared by other users of the Service is strictly at your own risk.

Disclaimer of Warranties

You agree that your access to and use of the service and the content available through the service is on an “as-is”, “as available” basis and enliveo, its licensees, licensors and third party representatives specifically disclaim any representations or warranties, express or implied, statutory or otherwise, and enliveo, its licensees and its licensor specifically disclaim any conditions of quality and any implied warranties, including without limitation, any warranty of merchantability, non-infringement, or fitness for a particular purpose. enliveo and its licensors and third party service providers do not warrant that use of the service will be uninterrupted, error-free or free of viruses or other harmful components. You assume the responsibility for the selection of the service to achieve your intended purpose. enliveo, its licensees and their respective third party representatives do not endorse, warrant or guarantee any products or services offered or otherwsie made available through the service and will not be a party to or in any way monitor any transactio between users and third party providers of products or services.

Limitations on Liability

Use of the service is at your own risk.

enliveo disclaims any and all responsibility for any content or postings on the Service, the accuracy of such content and for any decisions that you may make based on it.

In no event shall enliveo, its licensees or its licensors, their respective directors, officers, employees, agents or affiliates be liable for any costs or damages arising directly or indirectly from your use of the service including any indirect, incidental, special, exemplary, multiple, punitive or consequential damages, including lost profits, arising out of use of the service, whether based on contract, tort (including negligence), strict liability or other legal theory, even if enliveo, or any of its directors, officers, employees, agents, licensees or affiliates has been advised of the possibility of such damages.

You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.

If enliveo or its Licensees become aware of harmful or potentially harmful activities or inaccurate or misleading information or content, in their discretion, enliveo may take steps to stop such activity or remove such inaccurate or misleading information, such as removing any offending materials or postings; using screening software to block offending materials or activity; denying the offender access to the Service, or any other action enliveo deems appropriate, in its discretion.

U.S. Government Restricted Rights

The Service shall be considered a “commercial item” as that term is defined in 48 C.F.R. 2.101 (October 1995) consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 227.7202-1, 227.7202-3 and 227.7202-4 (June 1995), as updated and amended from time to time. If you are a U.S. Government user, you may access the Service only as a commercial item subject to these Terms of Service.

Governing Law; Venue and Jurisdiction

By visiting or using the Service, you agree that the laws of the State of New York, without regard to its conflict of laws provisions, will govern these Terms of Service and any dispute of any sort that might arise between you and enliveo. You agree that exclusive jurisdiction for any dispute with enliveo, or in any way relating to your use of the Service, resides in the courts of the of the New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the New York in connection with any such dispute including any claim involving enliveo or its licensors, employees, contractors, officers, directors, telecommunication providers, and content providers. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Questions

Please direct any questions you may have about these Terms of Service and/or notify enliveo of any violations by writing to help@enliveo.com