ICHOICELIFE.COM TERMS OF USE

About the Terms


The following terms (the “Terms”) of use is a legal agreement between the users (the “Users” or “you”) and ChoiceMMed America Co. and governs your use of iChoiceTM (“iChoice”, “we”, “our”, “us”) web site and related services (the " Services"), including, but not limited to ichoicelife.com (the “Site”), widgets and computer programs hosted by or on behalf of iChoice. By accessing, browsing, or using our Services, you acknowledge that you have read, understand, and agree to be bound by these terms. If you do not agree to these terms (including our Privacy Policy) do not use our Services. If you have any questions or concerns about this agreement, please contact us.

Modifications - We reserve the right to amend the Terms of Use from time to time. A link to the most current Terms of Use will be available on the iChoice life home page and it is your responsibility periodically to review this page for updates to the Terms of Use. Your continued use of our Services following the posting of such changes will be deemed acceptance of the Amended Terms of Use.

Use of the iChoice Services


Age Restrictions - The Services are intended solely for Users who are thirteen (13) years of age or older and it is a violation of the Terms for anyone under 13 to register for the Site. Thus, you represent and warrant that you are 13 or older. If you are 13 or older, but under the age of 18, you must review the Terms with you parent(s) or legal guardian(s) to ensure that both you and your parent(s) or legal guardian(s) understand and consent to the Terms. A parent or legal guardian accepting the Terms for the benefit of a child, agrees and accepts full responsibility for his or her child's use of the Services, including all financial charges and legal liability that such child may incur.

Requirements - Full use of the Services requires compatible iChoice products (the “Products”), internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The Services is not a guaranteed part of any third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee you access to our Services.

Content on the iChoice Service


No Warranties - We make no warranties, express or implied, that the Site will be free from viruses, available or that the contents or recommendations founded on the Site or received through the iChoice Services will be accurate, reliable and efficient, although we take reasonable steps to secure the Site and try to provide helpful and accurate information on the iChoice Services. If you rely on any information provided by us or others appearing on or contributing content to the iChoice Services, you do so solely at your own risk.

No Medical Advices - Any content on our Site is for informational purposes only and is not substituted for, or used to alter, dietary, exercise or medical therapy from your physician, healthcare or other medical provider. Never disregard professional medical advice or delay in seeking it because of something you have read on or through our Services. Not all exercises or activities described on our Services are suitable for everyone. You should consult with your physician before following any training instructions you receive through the iChoice Services or participating in any event announced on or through our Services. You acknowledge and agree that we are not responsible or liable for any health problems, injuries or damages you may sustain that result from your use of, or inability to use, the Services of iChoice.

Rights - all rights in all material and content (including, but not limited to, text, images, web pages and software (including, code, interface and website structure), and the look and feel, design and compilation thereof) at this Site are owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in the Terms or as otherwise expressly authorized in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.

Intellectual Property – We are the owner and/or authorized user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in the Terms, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in the Terms of Use, any use or reproduction of the intellectual property is prohibited.

Copying - You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved. If you violate any of Terms, your permission to use our Services will automatically terminate and you must immediately destroy any copies you have made of any portion of the iChoice Services.

About the User


TSafeguard Your Account /Password – To use all the Services available, you must create an iChoice account either by direct sign up via the Site or by usage of another sign up feature made available by iChoice via the Services. Any sign-up is subject to you providing the true, accurate and complete personal information ("User Data") as prompted by the relevant sign-up feature. You undertaker to keep your User Data accurate and current and thus without undue delay update your User Data when relevant.

You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We are not responsible for any loss and any third party's fraudulent use or misuse that result from the unauthorized use of your User Data or password, with or without your knowledge.

Privacy Settings - Through the Services, we enable you, if you wish, to share messages with others, as this is an important motivator to achieve fitness goals. You can use the privacy settings within the Services to control which information about you is shared with others.

User Generated Content –Any content that you and other Users post or otherwise make available on or through the Services, except such Content owned by the Services, its subsidiaries business partners, shall be deemed "User Generated Content", including communications (comments, pep talks etc.), materials, information, data, profiles, messages, notes, links to websites, text information, photos, music, videos, designs, graphics, sounds, and any other content.

All User Generated Content submitted by you on the Site or via the Services will be considered non-confidential and non-exclusive. You grant to the Services a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you. Provided, however, that such use shall be conducted with due respect to your privacy as described in the Privacy Policy.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray the Site, its trademarks or any of its marks, products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material.

You agree not to use the Services to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libelous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction.

Reporting Abuse - You agree that you shall immediately notify us of any objectionable content appearing on the Services. We will make good faith efforts to investigate allegations that any User Generated Content violates the Terms but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever.

User Conduct - If we determine that any user is not using the Services responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user's transmissions, User Generated Content, or use of the Services. We also have the right (but not the obligation) to suspend or terminate your access to and use of Share Sites or other parts of the Services, or delete information you have posted to the Services, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms, (b) violates the Share Rules, (c) is offensive to other users, (d) violates the rights of iChoice or third parties, or (e) could cause iChoice liability. Without limiting the foregoing, upon any termination of your account or access to the Services we may delete all User Generated Content and other information related to your Share Sites. If iChoice suspects that your User Data is inaccurate or incomplete, we may suspend or terminate your account.

User Interaction Disclaimer - You are solely responsible for your interactions with other Users, whether online or in person, including but not limited to comments, challenges, routes, pep talks, friendly competition etc. iChoice assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services, persons you meet through the Services, or persons who find you because of User Generated Content posted on, by or through the Services. You agree to take reasonable precautions in all interactions with other Users on the Services, and conduct any necessary investigation before meeting another person. We are under no obligation to become involved in any disputes between Users, but may do so at its own discretion. If we choose to monitor any User Generated Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content.

User Indemnification - You will indemnify us against any loss, damage or cost incurred by us arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or your violation of the Terms or any other laws, regulations and rules. You will also indemnify against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.

Share Sites


To keep the Users fully participating in our Services, the Site provides several areas on which users may post information including journals and message boards, food pages and photos (collectively, "Share Sites "). You agree that the Share Sites can be viewed by anyone who visits the Services (whether or not such visitors are registered users). We do not endorse any information posted on the Share Sites and posts made by users do not necessarily reflect the views of us. Information on the Share Sites should not be taken as medical advice and we are not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the Share Sites is at your own risk.

You agree to use the Share Sites in accordance with the following rules: Be Relevant and Constructive - Stay on topic and post only constructive comments and questions. Unless the Site asks for it, don't talk about policies, future products, speculations or rumors about the Services and our products, or anything else off topic.

Be Courteous and Appropriate - Be respectful of the opinions of others. Flaming and insults are prohibited. Do not post communications and photos that are illegal, offensive, libelous, deceptive, malicious, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person's consent. Do not intimidate, abuse, harm or harass the other users that could be interpreted as threatening or harassing.

Be Private - Do not post personal information. Do not collect or solicit personal information from other users or send unsolicited emails or other communications. Do not collect, use or post on the Share Sites the private information of anyone else without their consent or for illegal purposes.

Be Personal - The Share Sites are not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Share Sites or accept payment from a third party in exchange for your performing commercial activity on the Share Sites

Be Legal - Do not post any information, take any action or use the Share Sites in a way that infringes or violates the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste.

We reserve the right to remove a post on the Share Sites if it does not meet the foregoing standards or for any other reason we deem appropriate. If you feel that any content posted on the Services infringes your copyrights or other intellectual property rights, please notify us by sending an email to customer support.

Linked Sites


Our Services may contain links to websites, applications or other products, resources or services operated by other companies ("Linked Sites "). Since the Site does not endorse, operate, monitor or has any control over any information, products, resources or services on the Linked Sites, you acknowledge and agree that Site shall not be responsible nor liable for the availability, content, advertising, products, services or other materials on or available from the Linked Sites. Please note that these third-party websites may have their own privacy policy.

Third Party Services


iChoice may choose at any time to have its business partners' and other third parties' products, services, advertisements and other offers made available via the Services. Any such offerings made available to you are made and offered directly by the applicable third party service provider or advertiser, unless otherwise expressly noted. You acknowledge and accept that if you buy any such products or services offered you are contracting directly with the applicable business partner or third party service provider or advertiser. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser. iChoice shall not be responsible or liable for the performance or nonperformance of any third party service provider or advertiser and any loss or damages of any kind resulting thereof.

Entire Agreement


The Terms, including our Privacy Policy, constitutes the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. We may cede assign or otherwise transfer our rights and obligations in terms of these standard terms and conditions to third parties.

Terminate


We may change, restrict, suspend and/ or terminate your access to the Site and/ or your ability to avail of any of the Services, including interactive services, if we believe that you have breached the Terms at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of the Terms. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of the Terms.

Content and Warranty Disclaimer


iChoice is not responsible or liable for any kind, express or implied, any User Generated Content or other contents posted on the Site or for any offensive, unlawful or objectionable content (collectively, “Content”) you may encounter on or through the Services. Any information, materials and products on the Site are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, iChoice disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. iChoice cannot guarantee and does not promise any specific results from use of the Services. iChoice does not represent or warrant that the Services will be uninterrupted or error-free, that any defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or anything else harmful. To the fullest extent permitted by law, iChoice does not make any warranties or representations regarding the use of the materials or Content in the Site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Site, loss of data or other harm of any kind that may result. We reserve the right to change any and all Content and other items used or contained in the Services at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

No Liability


iChoice shall not be liable for any direct, special, incidental, indirect or consequential damages, including for any lost profits or lost data, that result from the use of, or the inability to use, the Services or the performance of the products purchased or the conduct of other Users (whether online or offline) or attendance at a iChoice event or any User Generated Content, even if iChoice has been advised of the possibility of such damages. You assume total responsibility for your use of the Services only remedy against iChoice of the Content is to stop using the Services. That said, if iChoice is found to be liable to you for any damage or loss which is in any way connected with your use of the Services or any content, iChoice's liability shall not exceed us $100.00. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Law and Jurisdiction


The Terms of Use and the resolution of any dispute related to the Terms of Use or the iChoice Services shall be governed by and construed in accordance with the laws of the State of California without respect to its conflict of laws principles. You shall bring any legal action or proceeding against iChoice related to the iChoice Services exclusively in a federal or state court of competent jurisdiction sitting in San Francisco County, California, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. iChoice's failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by iChoice in writing. These terms and conditions constitute the entire agreement between you and iChoice with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

Contact and Notices


All notifications, questions and comments to iChoice relating to the Terms can be submitted via email to Contact Us.

ChoiceMMed America Co.

2558 Pearl Buck Road, Suite 8A,

Bristol, PA 19007

Date of last update: February 2013