Wexer

Wexer TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE.

By using the Wexer ("Company") website, you agree to these Terms and Conditions of Use ("Terms & Conditions", "Terms of Use"). We reserve the right to modify, add, or remove portions of these Terms & Conditions at any time. You are responsible for regularly reviewing these Terms & Conditions prior to each time you access or use the website. By using the Wexer website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use this website or the content contained therein.

USER OBLIGATION:
Use of this site constitutes your acknowledgement and acceptance of these Terms of Use, which take effect on the date on which you first use the site. You must be aged 18 or over to use this site. By accessing, using and/or downloading materials from this site, you agree on your own behalf and on behalf of each entity and person on whose behalf you act to abide by the Terms of Use set forth below. Wexer reserves the right to change these Terms of Use at any time by posting changes online and it is your responsibility to refer to and comply with these terms on accessing the site. Your continued use of this site after changes are posted constitutes your acceptance of these Terms of Use as modified.

If these Terms of Use are not fully accepted by you, you do not have permission to access the contents of this site and therefore should cease using this site immediately.

If there is any conflict between these Terms of Use and any other specific rules and/or specific terms of use appearing on this site relating to specific material, then the latter shall prevail.

As a member and user of Wexer, you agree to: (a) maintain all equipment necessary for your access to and use of the Web Site; (b) maintain the security and confidentiality of your user identification, password and other confidential information relating to your account; (c) provide accurate, true, current and complete information about yourself, including in our trackers and calculators and promptly provide any updates necessary to keep such information accurate, true, current and complete at all times; (d) be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying us of such use and taking steps to prevent its further occurrence by changing your password; (e) not impersonate another person or entity; (f) not submit, post or transmit any unlawful, infringing, harmful, threatening, abusive, harassing, defamatory, untrue, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the publicity and privacy rights of others, or otherwise violate any applicable local, state, national or international law; (g) not use the Web Site to introduce, transmit or otherwise distribute viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (h) not to use the Web Site for chain letters, junk mail, "spamming" solicitations (commercial or otherwise) or bulk communications of any kind.

OUR RIGHTS AND OBLIGATIONS
For as long as Wexer continues to offer services, Wexer shall provide (and seek to update, improve and expand, in similar and different new ways) the Wexer platform and service with the purpose of providing all members with professional networking connectivity, through Wexer proprietary tools, rules and protocols which Wexer may update, improve, discontinue and change at any time, at Wexer’s sole discretion.

We allow you to access Wexer as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Wexer, partially or entirely, or to charge and modify prices for Wexer. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Wexer and all related items.

Wexer reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, Wexer has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.

Wexer may include or automatically produce links to third party web sites (“Third Party Sites”). Wexer is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. Wexer may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave Wexer and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Wexer or relating to any applications you use or install from the site.
You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Wexer, the Wexer Affiliates, its Users and the public.

Wexer may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services.

You are solely responsible for your interactions with other members. Wexer reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if Wexer determines, in its sole discretion, that doing so is prudent.

COPYRIGHTED MATERIALS AND INTELLECTUAL PROPERTY:
All copyright, trade marks and other intellectual property rights in this site (including the design, arrangement, look and feel) and all material or content supplied as part of the site shall remain at all times the property of Wexer or Wexer licensors. In accessing the Wexer site, and downloading material expressly permitted, you agree that you do so only for your own personal, non-commercial use.

When referring to news reports or articles in your posts on Wexer, including references to reports and articles appearing on other sections of Wexer, please post only a few sentences for the reader's information and reference and include a link to the rest of the content on the original site. Do not post articles, news reports, photographs, graphics, images, audio, or other copyrighted material in their entirety (or substantial portions thereof) unless you have obtained written permission for rights to distribute from the relevant copyright owner(s). Any unauthorized posting of any of the foregoing to the Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or civil and criminal statutes, and you will be responsible for any liability arising from such violations.

AGE REQUIREMENTS:
In order to use the Web Site you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction ("Minors") are prohibited from using the Web Site. Accordingly, if you are a Minor, please do not attempt to register for the Web Site or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable

CONSULT A PHYSICIAN:
Not all exercises or activities described on the Web Site are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. The Web Site should not be used by people who have adverse medical or nutritional conditions.

Regular physical activity is fun, healthy and growing amounts of people are becoming more active every day. Although being active is very safe for most of us, some people should check with their doctor before starting to increase how physically active they are.. The Wexer programs are designed and intended for adults aged 18-65 with no significant health problems.

No information provided by Wexer is intended to contradict or replace medical advice or to constitute medical advice.

Any person who has recently received or is currently receiving any medical treatment should consult their Doctor for medical clearance and we also discourage women who are pregnant, or who have recently given birth and are still awaiting for their post-natal medical check-up from starting new exercise activities.

PREMIUM SERVICES
If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.  If you have access to any of Wexer’s Premium Services (Pro Membership), this User Agreement applies to your use of such services.

MOBILE SERVICES
Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application (“Mobile Services”). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Wexer account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download.

PRIVACY POLICY
We are committed to protecting and maintaining your privacy and security. Please review our Privacy Policy (see footer), which is incorporated into these Terms & Conditions by this reference.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE AND YOUR FOLLOWING OR ADHERING TO THE ADVICE AND INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK INCLUDING, WITHOUT LIMITATION, RISK OF INJURY OR DEATH, AND THAT THE WEB SITE, AND THE INFORMATION, CONTENT, ADVICE, PROGRAMS, GOODS AND SERVICES MADE AVAILABLE THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN REGARD TO THE WEB SITE AND ALL CONTENT, INFORMATION AND MATERIAL THEREON AND PRODUCTS AND SERVICES MADE AVAILABLE THEREIN, Wexer EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND COMPLETENESS, FREEDOM FROM COMPUTER VIRUS AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OPINION, ADVICE, STATEMENT OR OTHER INFORMATION AVAILABLE THROUGH THE WEB SITE SHALL BE AT YOUR SOLE RISK. Wexer DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE OR ITS SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE OF A CERTAIN QUALITY, OR THAT THE WEB SITE OR ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE, IF ANY, WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. YOU FURTHER UNDERSTAND AND AGREE THAT THE INTERNET IS COMPOSED OF MANY PRIVATELY OWNED SYSTEMS AND NETWORKS OF TELEPHONE WIRES AND SWITCHES AND WIRELESS TECHNOLOGIES AND IS DEPENDENT FOR ITS ONGOING OPERATIONS UPON COMPUTERS AND OTHER ELECTRONIC HARDWARE THAT ARE OFTEN UNSTABLE AND SUBJECT TO MALFUNCTIONS, AND, THEREFORE, IT IS THE INHERENT NATURE OF THESE SYSTEMS AND NETWORKS, AND THE INTERNET TO EXPERIENCE SYSTEMS AND HARDWARE FAILURES, PACKET LOSSES AND DOWNTIME. ACCORDINGLY, YOU HEREBY RELEASE AND FOREVER DISCHARGE Wexer FROM ANY AND ALL COSTS, LOSSES, LIABILITY OR DAMAGES RESULTING FROM DOWNTIME CAUSED BY ANY OF THE FAILURES DESCRIBED OR REFERRED TO ABOVE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Wexer OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. WE FURTHER DISCLAIM ANY LIABILITY CAUSED BY INTENTIONAL OR UNINTENTIONAL NEGLIGENCE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company and their respective officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your access or connection to, or use of this website, including without limitation claims arising out of information or content submitted to this website by you, your violation of a third party’s intellectual property or other rights, or any claims alleging facts that if true would constitute a breach by you of these terms and conditions. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company’s defense of such claims.

LAW AND JURISDICTION
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. You consent to the jurisdiction and venue of the state and federal courts in Delaware, in all disputes arising out of or relating to the use of this website, provided, however, that the Company may enforce its rights under this Agreement in any jurisdiction.

PRODUCT PURCHASED FROM 3RD PARTY COMPANIES
We may make certain products and services available to you through links to third party Web sites. Before you purchase any products or services through any such third party Web site, we urge you to carefully review any such third party's privacy, security, return and guarantee policies. Your correspondence or business dealings with any such third party, including payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Wexer shall not be responsible or liable for any loss, claim or damages of any sort incurred as a result of any dealings with any such third party.

COMPLAINTS
Contact information for Wexer Corporation’s Content Complaint Manager is as follows:

E-Mail: abuse@wexer.com

Mail:
Wexer LLC
ATTN: General Counsel
Rundforbivej 19
2950 Vedbaek
Denmark

CONTACTING THE WEBSITE:
If you have any questions or concerns about the Terms of Use you can reach us through the Help section of the Web Site.