TERMS & CONDITIONS
- Your Acceptance
In order to access some areas of the Site and its learning management system of CANVAS [instructure.com], or participate in certain aspects of the Site, you will need to become a user or member and create an account. When creating your account, you agree to provide complete and accurate information. You shall be responsible for maintaining the secrecy of your username and password, and W.I.T.S. accepts no responsibility for unauthorized use of the same. You agree not to use any username or password not belonging to you and not to provide your username and or password to anyone else.The information in this section applies to all User accounts. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify W.I.T.S. immediately of any breach of security or unauthorized use of your account. W.I.T.S. will not be liable for any losses caused by any unauthorized use of your account.
- W.I.T.S. Membership
3.1 We are offering a premium annual membership for a fee. By signing up for and using the Premium Services, you agree to waive your 14-day right of withdrawal at the moment you subscribe to the Membership Services to the maximum extent permitted by applicable law, so that you are able to immediately access the programs.The membership provides you online educational access to certain enhanced content. By signing up for and using the membership, including to pay any fees or other incurred charges that apply to the membership (such as ongoing subscription fees).When you sign up for the membership, you must designate and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect via automatic debit or ACH from your Payment Method the appropriate fees charged for the membership.The membership services are paid for on an annual basis, as applicable. Unless otherwise stated, all fees due for the membership are payable in advance, and will be billed automatically to the Payment Method at the start of the annual Premium Service period, as applicable. Unless otherwise stated, membership will auto-renew until you send us official notice 30 days in advance of said membership renewal date.
3.2 Termination or Cancellation of Premium ServicesIf you do not pay the fees or charges due for your use of the membership, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the membership (and may do so without notice). This may lead to having your certification credential cancelled.You can cancel the membership at any time. Once you have cancelled your Premium Service and received confirmation, no other changes can be made to your account. The cancellation of the membership will go into effect at the end of your current billing annual cycle, and you will have the same level of access to the membership through the remainder of such annual billing cycle.
There are no refunds for termination or cancellation of your membership. If you no longer wish to subscribe to a membership, it is your responsibility to cancel your membership PRIOR TO 30 DAYS, regardless of whether or not you actively use the membership.
3.3 Fee Changes
To the maximum extent permitted by applicable laws, we may change our prices for membership 30 days’ notice with given notice. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Premium Service and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Premium Service prior to the change going into effect.
- Code of ConductIn using the Site, you agree to abide by all applicable laws and regulations, and comply with community standards of decency in your activities. You agree to refrain from posting words or images that are obscene, defamatory, false, unlawful, or infringe upon others’ rights, including intellectual property rights. You also agree to refrain from posting content that could be deemed an advertisement or solicitation where not explicitly authorized by W.I.T.S.You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the W.I.T.S. servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that W.I.T.S. grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personally identifiable information from the Site, except as expressly permitted by the features of the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or (xii) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. W.I.T.S. shall have no obligation to you to enforce this to any 3rd party. W.I.T.S. against any other User.
- Intellectual Property
All content on this Site, including but not limited to images, text, code, graphical designs, and logos are the sole exclusive property of W.I.T.S. Unauthorized use, reproduction, distribution, display, or creation of derivative materials is prohibited and could subject you to civil and/or criminal liability. Your use of the W.I.T.S. site does not create any interest in the intellectual property of W.I.T.S. You agree that you have no authority to use the content of the site, including W.I.T.S. trademarks and copyrighted materials, for any purpose other than those expressly provided on http://www.witseducation.com.
- Your Choice on Collection and Use of Your Information
We may, from time to time, send you electronic mailings, text messages, and other direct communications, regarding our products and services. We will send you these mailings only if you indicated that you do not object to these offers. If you do not wish to receive further information from S.F.& Wellness Inc. dba W.I.T.S. you can send us an e-mail at [email@example.com] and tell us that you do not want to receive future communications. You may ask to have the information on your account deleted or removed, however, because we keep track of past transactions, you cannot delete information associated with past transactions on our website. In addition, it may be impossible to completely delete your information without some residual information.\We will encourage our service partners to adopt and post privacy policies. However, the use of your personal information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control. The http://www.witseducation.com website may contain links to other non-W.I.T.S. websites. W.I.T.S. is not responsible for the privacy practices or the content of such websites and you should exercise your best judgment when sharing personal information on these websites.
- User Submissions and ArticlesYou agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. W.I.T.S reserves the right, but is not obligated, to reject and/or remove any User Content that W.I.T.S. believes, in its sole discretion, violates these provisions. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit, that W.I.T.S. use of your User Content in accordance with this Agreement will not violate any law or infringe the rights of any third party, and that to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.W.I.T.S. takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends through the Site. You shall be solely responsible for your User Content and the consequences of posting or publishing it in courses. W.I.T.S. shall not be liable for any damages you allege to incur as a result of User Content.
- Modifications to Policy
- Termination of Account
W.I.T.S. has in its sole discretion the exclusive right to terminate your account for any reason, at any time without liability to the user. Such termination may include, but is not limited to, the loss of membership status. It may also include the termination of the ability to participate in this Site.
- No Warranty
You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, W.I.T.S., its officers, directors, employees, and agents disclaim any and all warranties, express or implied, in connection with the Site and your use thereof. User releases W.I.T.S. due to any issues that may occur with the learning management system. W.I.T.S. makes no warranties or representations about the accuracy or completeness of this site’s content, the content of any sites linked to this site, , the accuracy or content of any background checks or reports you consent to, or the suitability of any exercises, trainers, or other content for any given visitor or user, and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any bugs, viruses, or the like that may be transmitted to or through our Site by any third party, (vi) any injuries, problems, or other adverse reactions that may result from performing or utilizing any exercises, trainers, or information on the Site, and/or (vii) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site.
You agree that you will defend and indemnify W.I.T.S. and its representatives and agents for any and all claims, demands, causes of action, lawsuits arising out of your use of the site to the full extent authorized by law. Such indemnity shall include the payment of attorneys’ fees to W.I.T.S. counsel of choice for defense of said claim. This obligation will not be cancelled or terminated if you cease using the site or cancel your membership and survive such cancel of your membership.
- Applicable Law and Venue
W.I.T.S. is a corporation doing business in the State of Virginia, and its Site is run in the State of Virginia. You agree that if there is ever a dispute between you and W.I.T.S. , for any reason, all litigation shall be venued in the City of Virginia Beach, State of Virginia. Any such dispute shall be governed by the laws of the State of Virginia.
- Ability to Contract
You agree that you are in a condition to agree to be legally bound by these terms and conditions. If you are under 18 years of age and are not legally emancipated, you have the consent of your parent or legal guardian to agree to these terms and conditions. If you are under 18 years of age and do not have your parent or guardian’s consent to abide by these terms, you must not use www.witseducation.com learning management system.If you use the Site on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.W.I.T.S. recommends that users of this site exercise caution when exercising or leading others in fitness activities, and that all persons considering initiating an exercise program consult a physician before attempting to do so.