Terms of Use
Virgin Pulse (“Virgin Pulse ” or “we”, “us”, “our”), provides access to our Web site located at www.virginpulse.com (the “Site”), subject to your acceptance of these Terms of Web site Use (“Terms”). These Terms apply to you when you access and use our Site. If you have any questions about these Terms or using the Site, feel free to contact us at [email protected].
Privacy
Virgin Pulse is committed to protecting your privacy on the Internet. Check out our Privacy Policy to see what personal information we may collect and how we use it.
Acceptance of Terms of Web site Use
You understand that Virgin Pulse does not guarantee that anything on the Site will be free of infection, viruses or other items that might damage or interfere with your computer, data or personal information. You may not do anything that interferes with the operation of the Site, such as hacking or spamming.
Intellectual Property – Copyright, Trademark and Disclaimer Notices
The contents of the Site, such as text, design, graphics, logos, trade dress, audio clips, video, games, photographs, software, interfaces or code (the “Content”) and the selection and arrangements of the Content is the property of Virgin Pulse and its business partners, and is protected by state, federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. All trademarks, service marks and trade names are trademarks or registered trademarks of and are proprietary to Virgin Pulse and its business partners, or other respective owners that have granted Virgin Pulse the right and license to use such marks. Such trademarks and content may not be used except as provided in these Terms or in the text of the Site. You may print and download the Content solely for your personal, non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Virgin Pulse. You may not reproduce, reverse engineer, decompile, modify, transmit, sell, distribute, license or create derivative works of the Content. Any unauthorized use of the Content is strictly prohibited and may violate copyright law, trademark law, the laws of privacy and publicity, and communication regulations and statutes.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Virgin Pulse or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Virgin Pulse copyright.
The “Virgin” name and signature and the “Virgin Pulse” name and logo are registered trademarks of Virgin Enterprises Ltd. and used under license by Virgin Pulse.
Unsolicited Submission of Ideas
Neither Virgin Pulse nor any of its employees accepts, invites or considers under any circumstances unsolicited submissions of ideas, creative suggestions or proposals, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, packaging or other materials related to our products, product enhancements, processes, materials, marketing plans, research related to our business, business operations or new product names. This policy is intended to avoid disputes in the event that Virgin Pulse products or marketing strategies seem similar to ideas submitted to Virgin Pulse or its employees.
The following terms shall apply to any unsolicited submission regardless of any statement included in accompanying material: Except as governed by our Privacy Policy, all ideas included in any unsolicited submission will automatically be treated as non-confidential and non-proprietary and will become the sole property of Virgin Pulse without any compensation whatsoever. Virgin Pulse and its affiliates will have no obligations with respect to such submissions and will destroy such submissions upon receipt. Nothing restricts Virgin Pulse from independently developing any idea, however similar to any submission. Anyone who submits an unsolicited idea, suggestion or proposal to Virgin Pulse thereby waives any right, title and interest in the content of such submission and agrees not to assert any claim of ownership in that content against Virgin Pulse.
No Warranties
Enjoy using our Site, but please understand that you assume total responsibility and risk when you use our Site and the Internet. The Site and the Content and services made available on the Site are provided on an “as is” and “as available” basis. Virgin Pulse does not make any express or implied warranties, representations or endorsements whatsoever (including but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, the Site Content, any services provided through the Site or on the Internet. We expressly disclaim any and all implied warranties. Some states may not permit the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
Virgin Pulse will not be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of Site under these Terms. You understand that this paragraph shall apply to all Content and services available through the Site.
Indemnification
You agree to indemnify and hold harmless Virgin Pulse from any and all liabilities, penalties, claims, causes of action and demands brought by third parties (including the costs, expenses and attorney’s fees on account thereof resulting from your use of the Site) whether based in contract or tort (including strict liability) and regardless of the form of action.
Policy Regarding Copyright Infringement and Designation of a Copyright Agent
Virgin Pulse’ policy regarding copyright infringement and Virgin Pulse’ designated agents for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC section 512) is incorporated herein and follows below.
Virgin Pulse respects the intellectual property rights of others and requires those that visit our Site and use our network to do the same. Virgin Pulse may, in appropriate circumstances and at its discretion, remove or disable access to material on its Site or its network that infringes upon the copyright rights of others. Virgin Pulse also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our Site or users of our network repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use our Site or network.
If you believe that your work has been used on our Site or network in any manner that constitutes copyright infringement, please notify one of Virgin Pulse’ copyright agents by written notice. The notice should include the following information: An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found; Identification of the location on our Site of the material you claim has been infringed, or the link or reference to another Web site that contains the material you claim has been infringed; Your name, address, telephone number and email address; A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
Acceptable and Lawful Use of Site
You agree to comply with all applicable laws regarding use of the Site. Any information you provide to Virgin Pulse in connection with the Site must comply with the following conditions and shall not create any liability for Virgin Pulse or cause Virgin Pulse to lose (in whole or in part) the services of its Internet Service Providers or other suppliers or vendors:
Content Objectionable or Offensive to Third Parties
You may not upload, download, post, distribute, or otherwise transmit any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, violative of others’ privacy rights, or otherwise objectionable.
Unlawful Content
You may not upload, download, post, distribute, or otherwise transmit any content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity.
Infringing Content
You may not upload, download, post, distribute, edit, modify or transmit any content that may infringe on any patent, trademark, trade secret, copyright, or other intellectual proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any content, including graphics, pictures, photographs, logos, software, articles, music, or videos. By posting any content through this Site, you represent that you have legal rights to use, distribute, and publish such content.
Removal of Objectionable Content
While we do not monitor your use of our Site, we reserve the right to remove or delete any content that you upload, download, post, distribute, or otherwise transmit on our Site that violates these Terms or is otherwise deemed objectionable by us in our sole discretion.
Links to Other Web sites
We provide links to other Web sites. We do not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk. Virgin Pulse has no responsibility for the content of such other sites and shall not be liable for any damages or injuries arising from the content from these other sites.
Pricing for Products and Services
In the event a product or service is listed at an incorrect price or with incorrect information, Virgin Pulse shall have the right to refuse or cancel any orders placed for that product(s) or service(s) listed at the incorrect price. Virgin Pulse shall have the right to refuse or cancel any such orders or requests whether or not they have been confirmed and your credit card has been charged or other payment has been accepted.
International Users
Virgin Pulse makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable Content.
Your personal information (“Information”) that is submitted to this Site will be handled in accordance with applicable U.S. law. If you are a non-U.S. user, you agree that Virgin Pulse may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site. If you have already provided us with Information, please contact us at [email protected] and let us know how you would like us to handle such Information.
Entire Agreement, Updates and Modifications
These Terms and any referenced documents constitute the entire agreement between Virgin Pulse and you pertaining to your use of the Site. Virgin Pulse may amend these Terms or any other referenced documents at any time by posting the amended documents on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site means that you have accepted any modified Terms and conditions. If you have any questions about these Terms, contact us at [email protected].
Termination
While we do not monitor your use of our Site, Virgin Pulse may immediately issue a warning, suspend or terminate your access to the Site for breach of these Terms (or any other agreement or policy incorporated by reference hereto), or for any other reason in our sole discretion.