Welcome to TheWellnessLog, a service of VenturesDash, LLC. By accessing TheWellnessLog web site, currently located at www.TheWellnessLog.com (the “Site”),
and using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of
this Agreement for as long as you continue to use the Site or Services.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain
Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when
you sign up to use such Services.
TheWellnessLog services consist of the following, without limitation: an online personal training service for Clients (TheWellnessLog Program), a separate
service for fitness professionals (TheWellnessLog Pro), interactive content and community services such as online tutorials (collectively, the “Services”).
TheWellnessLog may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or
revised Services. TheWellnessLog also reserves the right to cease offering any of the Services.
This Agreement is subject to change by TheWellnessLog in its sole discretion at any time, with or without notice. Your continued use of this Site or the
Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to
determine when the Agreement was last revised.
Minimum Age. You must be at least 13 years old to use the Site (or the age of majority in your jurisdiction, if it is older), and at least 16 years old to
register for the Services. By using the Services, you represent and warrant that you are at least 16 years old.
2. Use of Site and Service
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
2.1 Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise
transfer your account to any other person or entity. You acknowledge that TheWellnessLog is not responsible for third party access to your account that
results from theft or misappropriation of your user names and passwords.
2.2 Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the
Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii)
your interactions with other Registered Users through the Services.
2.3 Risk Assumption and Precautions. You hereby acknowledge that TheWellnessLog makes no warranties and does not guarantee individual results. You, not
TheWellnessLog, are personally responsible for the achievement of individual performance goals. You further understand and acknowledge that physical
exercise is inherently dangerous and carries with it the potential for death, serious injury and property loss. You understand and agree that you assume
the risk of participating in the training and activities recommended by TheWellnessLog, its agents and representatives. You have not been advised against
participation in a physical exercise program by a qualified health professional.
2.4 Content Removal. TheWellnessLog reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in
the public areas of the Services. TheWellnessLog will have the right to remove any such information or material that in its sole opinion violates, or may
violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
2.5 No False Information. You will not provide inaccurate, misleading or false information to TheWellnessLog or to any other user. If information provided
to TheWellnessLog or another user subsequently becomes inaccurate, misleading or false, you will promptly notify TheWellnessLog of such change.
2.6 No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or
Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services
in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
2.7 No Harassment of TheWellnessLog Employees or Agents. You will not harass, annoy, intimidate or threaten any TheWellnessLog employees or agents engaged
in providing any portion of the Services to you.
3. Proprietary Rights
3.1 Ownership of Proprietary Information. You hereby acknowledge and agree that TheWellnessLog is the owner of highly valuable proprietary information,
including without limitation, the patent-pending personalized workout system, step-by-step exercise instructions, and questionnaires (collectively,
“Confidential Information”). TheWellnessLog owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all
3.2 No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute,
make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary
information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
3.3 Other Users’ Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as
copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any TheWellnessLog or
third party proprietary information available via the Services or the Site.
4. User Information
4.1 Disclosure By Law. You acknowledge and agree that TheWellnessLog may disclose information you provide if required to do so by law, at the request of a
third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement,
or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend TheWellnessLog’s, or a third party’s rights or
property; or (3) protect someone’s health or safety.
4.2 Use of Anonymous Information for Research. By using the Services, you agree to allow TheWellnessLog to anonymously use the information from you and
your experiences through the Services to continue TheWellnessLog’s research into successful exercise programming and to improve the Services. This
research, conducted by fitness professionals and healthcare research scientists, may be published in academic journals. However, all of your responses will
be anonymous, and we will not publish research containing your personal identifying information.
5. Links to Third-Party Web Sites / Dealings with Sponsors
The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of TheWellnessLog,
and TheWellnessLog is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web
sites. TheWellnessLog provides these links to you only as a convenience, and the inclusion of any link does not imply that TheWellnessLog endorses or
accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of,
advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information
or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations
associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that TheWellnessLog will not be responsible or
liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to
TheWellnessLog with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services.
6. Disclaimer of Warranty
6.1 No warranties. This section will apply to the maximum extent permitted by applicable law. TheWellnessLog provides the services on an “as is” and “as
available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the services or the site (including
all information contained therein), including any implied warranties of merchantability, fitness for a particular purpose or non-infringement.
TheWellnessLog does not warrant that your use of the services will be secure, uninterrupted, always available, error-free or will meet your requirements,
or that any defects in the services will be corrected. TheWellnessLog disclaims liability for, and no warranty is made with respect to, the connectivity
and availability of the services.
6.2 Beta Features. From time to time, TheWellnessLog may offer new “beta” features or tools with which its users may experiment on the Services. Such
features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at
TheWellnessLog’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
To resolve a complaint regarding the Service, you should e-mail us at info(at)thewellnesslog(dot)com.
8. Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity
unless terminated hereunder. Either you or TheWellnessLog may terminate your account at any time, for any reason or no reason, without explanation,
effective upon sending written notice to the other party. TheWellnessLog reserves the right to immediately suspend or terminate your access to any of the
Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other
records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree
that all fees then paid to TheWellnessLog by you will be nonrefundable and all outstanding or pending payments will immediately be due.
9. Customer Support, Cancellations and Program Adjustments
9.1 Customer Support. You, the buyer, are entitled to unlimited customer support access throughout your program. Customer support agents coordinate and act
as liaison between you and our technical team. Agents are not directly involved in the program design but are highly qualified to answer inquiries.
TheWellnessLog will not be held accountable or liable to any communication or information provided by customer support agents.
9.2 Cancellation At Any Time With No Refund. You may cancel your registration or membership to TheWellnessLog Program at any time during the term of such
registration or membership or any renewal period by accessing the “My Profile” page, selecting “Deactivate Account", and providing the information
requested. In such case, your membership will terminate at the end of the membership term for which you have paid, and you will not receive any refund for
any unused days of such membership term.
9.3 Three-Day Cancellation. Regarding TheWellnessLog Program, you, the buyer, may cancel the Agreement, without any penalty or obligation, at any time
prior to midnight of the third business day following the date of this Agreement, excluding Friday and holidays. To cancel this Agreement, use the Support
Button located in your online profile, or send an email, which states that you, the buyer, are canceling this Agreement, or words of similar effect.
In addition, you may e-mail Customer Care at info(at)thewellnesslog(dot)com, the day that you submit a completed application form will be the date of this
Agreement. Any refunds under this 3-day cancellation policy will be made within 10 days after TheWellnessLog’s receipt of your cancellation notice.
9.4 Program Adjustments. You, the buyer, may communicate the need to make *‘minor’ adjustments to your program at any time during the term of such program
duration. Precise details of adjustment requests including the exact days adjustments are to be applied must be thoroughly communicated and confirmed with
customer support agents. Confirmed adjustments are uploaded within 3 business days from confirmation and are STRICLY not reversible.
*Request does not exceed a change of more than 20% of initial program uploaded.
10. General Provisions
10.1 Controlling Law and Jurisdiction. You agree that Egyptian law (without giving effect to its conflicts of law principles) will govern this Agreement,
the Site and the Services and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive
jurisdiction and venue of the state courts in Egypt.
10.2 Miscellaneous. This Agreement, which you accept upon registration for the Services, and any applicable payment, renewal, Additional Services terms,
comprise the entire agreement between you and TheWellnessLog regarding the use of this Service, superseding any prior agreements between you and
TheWellnessLog related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise
explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of TheWellnessLog to exercise or enforce any
right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the
remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever
barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
11. Revision Date
This Agreement was last revised on March 10, 2014.