Terms

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Your access to and use of this website, as well as all related websites operated by CORE VITALITY, LLC. (which includes drjennytufenkian.com, enjoyfullhealth.com, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept these Terms of Use, without limitation or qualification.

These Terms of Use may be revised from time to time. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Your use or participating in the Company’s programs, courses, or materials is also subject to the terms outlined in “Disclaimers”, and you acknowledge that you have read, understand, and agree to these terms.

  1. OWNERSHIP AND USE OF CONTENT

(a)       You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained by CORE VITALITY, LLC., (the “Company”) for your person use and information only, and are the property of the Company and/or its third party providers.  The Company Content includes all videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, data, and text as well as all other materials included in the Site. Subject to your compliance with these Terms of Use, the Company grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content, including software, tools, graphics and sound files, may be copied, reproduced, republished, uploaded, posted, modified, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless prior written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties.

(b)       All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “CORE VITALITY”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company.

(c)        While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

(d)       If you send comments or suggestions about the Site to the Company, your submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall be entitled to unrestricted use, publication, and dissemination of all such submissions for any purpose, commercial or otherwise, without any acknowledgment or compensation to you.

  1. SECURITY OF DATA AND PRIVACY POLICY

(a) The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system, whether or not password protected, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site and the information on the Site is completely at your own risk.

(b) The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://www.drjennytufenkian.com/pages/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

(c) When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, or other communications from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.  Your registration with the Company is governed by our Privacy Policy.

NO WARRANTIES

ALL CONTENT ON THE SITE, AND ALL MATERIALS, PROGRAMS, AND COURSES PROVIDED THROUGH THE SITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION.

YOUR INDIVIDUAL OUTCOME OR SUCCESS WITH THE COMPANY’S COURSES, PROGRAMS, AND MATERIALS IS ENTIRELY DEPENDENT ON YOUR OWN HEALTH SITUATION, THE TIME YOU DEVOTE TO THE PROGRAM, AND OTHER FACTORS.  EVERYONE’S INDIVIDUAL HEALTH NEEDS AND STATUS VARIES.  THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR ANY PARTICULAR OUTCOME FROM YOUR PARTICIPATION IN THE COMPANY’S PROGRAMS AND COURSES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY OR ITS AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO ACCESS OR USE THE SITE, ITS MATERIALS, OR SERVICES, OR ANY OTHER CAUSE WHATSOEVER, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ANY NECESSARY REPAIRS OR CORRECTIONS TO YOUR EQUIPMENT OR DEVICES.

THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY, OR FOR ANY OTHER REASON, AT ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY, AT ITS SOLE DISCRETION. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.

INDEMNIFICATION

You agree to indemnify, defend, and reimburse the Company, and its members, managers, officers employees, and agents, from any and all liabilities, claims, injuries, losses, damages and expenses, including reasonable attorney’s fees and costs, arising out of or relating to (i) your use of the Site or the services, materials, courses, programs, and information provided through the Site, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your breach of these Terms, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

MISCELLANEOUS TERMS

(a) The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

(b) These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Portland, Oregon.

(c) If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

(d) If the Site contains any links to third-party websites or resources, you acknowledge and agree that the Company is not responsible for the availability or accuracy of these websites or resources or their content.  We do not endorse these websites or resources.  You assume all risk in using any such websites or resources.

(e) Along with the Privacy Policy  and “Disclaimers,” these Terms constitute the entire understanding and agreement between us and you regarding the Site, and your use of and participation in the Company’s materials, programs and courses, and supersede and replace any and all oral or written understandings or agreements between the Company and you.  

(f) These Terms are binding on the parties’ heirs, successors and permitted assigns.  

(g) The failure of the Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.  Any waiver must be in writing.  

(h) In any proceeding to enforce or interpret these Terms, the prevailing party shall be entitled to recover from the losing party reasonable attorney fees, costs, and expenses incurred by the prevailing party before and at any trial, arbitration, bankruptcy, or other proceeding, and in any appeal or review.  

(i) The Company providing services or performance of any of its obligations shall be excused or rescheduled if delayed or prevented by acts of God, pandemics, government or public enemy, fire or other casualty, labor dispute or, similar circumstance beyond the Company’s reasonable control.

Last Updated: May 18, 2020

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