Wecudos provides users with access to sports and health experts. WECUDOS DOES NOT PROVIDE FORMAL MEDICAL DIAGNOSIS, TREATMENTS, OR PRESCRIPTIONS OF ANY KIND. ALL INFORMATION PROVIDED ON WECUDOS OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY WECUDOS, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS BETWEEN WECUDOS SPORT AND HEALTH EXPERTS AND CONSUMERS, IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A DOCTOR – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. WECUDOS IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY WECUDOS OR ANY WECUDOS MEDICAL EXPERTS IS SOLELY AT YOUR OWN RISK. THE SERVICE PROVIDERS THAT WECUDOS RECOMMEND ARE NOT EMPLOYED BY WECUDOS AND WILL INDIVIDUALLY BE HELD RESPONSIBLE FOR THE CARE THEY PROVIDE THEIR CLIENTS.
What we do and what we don’t do:
WECUDOS MEDICAL EXPERTS ARE NOT "YOUR" DOCTOR OR HEALTHCARE PROVIDER.
Even if your real life doctor is on Wecudos, personal medical advice, treatment or diagnosis are not permitted through Wecudos, and by using Wecudos you agree not to solicit these or use any information as if it were personal advice, treatment, or diagnosis. Do not use Wecudos in a medical emergency, or for diagnosis or treatment. Do not use Wecudos or Content or Services to diagnose or treat a medical condition. Do not use Wecudos or Content or Services in a potential or actual medical emergency. Consult your doctor. Consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, and before starting or stopping any treatment directed by your doctor or your healthcare provider, or before taking any drug or changing your diet.ALWAYS: SEEK THE ADVICE OF YOUR DOCTOR OR YOUR OTHER QUALIFIED HEALTHCARE PROVIDER WHENEVER YOU HAVE A PERSONAL QUESTION ABOUT A MEDICAL CONDITION OR SYMPTOM. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING MEDICAL ADVICE OR TREATMENT BECAUSE OF SOMETHING YOU READ OR LEARN ON WECUDOS. IMMEDIATELY CALL 999 OR YOUR DOCTOR OR GO TO THE HOSPITAL IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY.
Independence of Wecudos Medical Experts
Wecudos Sport and Medical Experts and professionals or specialists utilizing or featured on Wecudos are not employees or independent contractor service providers of Wecudos. Any opinions, advice, or information expressed by any such individuals are those of the individual and the individual alone and they do not reflect the opinions of Wecudos. Wecudos does not recommend or endorse any specific tests, doctors, medical products, procedures, opinions, or other information that may be mentioned on Wecudos or by a licensee of Wecudos. The inclusion of professionals and specialists on Wecudos or in any professional directory on Wecudos does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein.SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND WECUDOS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. WECUDOS SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON WECUDOS.The use of Wecudos by any entity or individual to verify the credentials of professionals or specialists is prohibited. All opinions and statements expressed Wecudos Medical Experts on or through Wecudos are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of Wecudos, its affiliates or any other organizations or institutions to which such Wecudos Sport and Medical Expert or such specialist or professional is affiliated or provides services.
We are committed to protecting the privacy of children. Wecudos is not intended or designed for children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. Registered adult users of Wecudos may ask questions about or for children.
Your Account and Your Use of Wecudos
You are responsible for your account: keep your password and real name private. Accurate and complete registration information is required to use Wecudos. All members are encouraged to use password common sense: safeguard your log in password, pick a password that cannot be guessed by others, keep it private, and periodically change it. You are responsible for the security of your passwords and for any use of your account. Please immediately notify us of any unauthorized use of your password or account. Your use must be legal and you must be an adult to use Wecudos services. Your use of Wecudos and any Content and Services must comply with all applicable federal and state laws, regulations, and ordinances. Currently, you must be at least 16 years old to use Wecudos.Notices. When you register as a member, you agree that Wecudos may send notices to you by push notification or by email at the email address you provide when you register, or a different email address that you update through your Account Settings. We have a No-Spam policy. We do not sell or distribute the email addresses of our users.
Wecudos is a Free Service That Offers Paid Services
Wecudos is a free service, which also offers paid services. It’s free to conduct a Wecudos search for your professionals. Wecudos also provides for a category of premium, optional Services and Content or Apps that can be accessed for a small fee. ("Premium Services" and "Premium Content", respectively) All such Premium Content and Services are clearly identified as such. We will never ask you for your credit card or other payment information unless you indicate that you would like to use a paid service.
Content and Services
Use of Your Information
We respect the privacy of your personal information, and do our part to keep it safe and secure. We only use data you share with Wecudos as stated in the Wecudos Privacy Statement, your personal privacy settings, and applicable law. If you create, transmit, or display health and wellness or other information while using Wecudos, you agree to do so with information that you own or have the right to use.We cannot control external communications, so e-mails, SMS messages and text messages transmitted out of Wecudos may not be secure. Email and short message service (SMS) or text message communications from Wecudos are not encrypted, and this information is not secured. You can opt out of receiving email, SMS, and text messages. By using Wecudos, you release Wecudos from any interception or unauthorized access to unsecured communications.
Wecudos owns or has rights to the Content and Services. When you use Wecudos, you do so under a license from us. Your license to use Wecudos is personal, revocable, non-assignable, and non-exclusive. This means that you may not use Wecudos for any commercial purpose, that we can take away your right to use Wecudos, that you cannot give this license away to someone else, and that other members can use our Content and Services. All right, title and interest in and to Wecudos and the Content, together with all intellectual property rights embodied therein (including without limitation all engagement, rating, and ranking systems and methodologies on Wecudos) are the property of the Company or our affiliates. Rights retained by other parties in the Content, such as our Medical Experts, are their respective rights.You must ask our permission to use our Trademarks. We have obtained or applied for various Trademarks and service marks. Wecudos, the Wecudos logo, other Wecudos trademarks and service marks and other Wecudos logos and product and service names are our trademarks (the "Wecudos Marks"). If you would like to use or display any Wecudos Marks, you must ask our permission. Without our prior written permission, or according to the terms and guidelines we will publish in a media section of the Apps, you agree not to display or use in any manner the Wecudos Marks. All trademarks, brands, and content on Wecudos are the property of their respective owners.You agree not to infringe our Copyrights, Trademarks, Trade Secrets or other intellectual property rights. You agree not to engage in any activity that would constitute copyright infringement with respect to the Content. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Content or any portion thereof without our prior written consent. You may, however, use Wecudos as it is designed and intended to be used, including using Wecudos features which allow you to re-post Content or portions of Content, such as those which permit you to distribute Content through other third party applications and mediums, such as Facebook or Twitter, so long as you do not modify that Content or the functionality of those features in any way. This right to re-post Content does not create for you or grant to you any additional rights in such Content. Additionally, you may not use any metatags or any other "hidden text" utilizing the name "Wecudos" without our prior written permission.You agree not to access, view, or use our Data without our Permission. You agree not to access, attempt to access, request access not authorized by Wecudos or use any Wecudos data without our Permission. This means that you agree not to transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of Wecudos or any Content, in whole or in part, in any form or by any means.Contact us if you believe information on our website infringes your copyright. If you believe any materials accessible on or from Wecudos infringe your copyright, you may request removal of those materials (or access thereto) from us by contacting and providing us with information pursuant to our DMCA Removal Procedure.
About Wecudos Medical Experts
The Sport & Medical Experts include respected service providers in the fields of Sports Medicine, Health & Fitness and Complementary Medicine throughout the United States and United Kingdom, including from leading national medical institutions. All healthcare providers offered to you have been individually vetted and interviewed by the Wecudos team of medical experts. Only U.S. and U.K-licensed experts may apply to be and participate as Medical Experts on Wecudos.
Personally Identifiable Information
Please see our Privacy Statement for more details. You understand and agree that if you choose to enter into a Private Conversation or receive treatment from a Sport and Medical Expert on Wecudos that personally identifiable information will be visible to that Expert. You agree not to disclose personally identifiable information about other members that you encounter while using Wecudos (whether posted in member profiles by a member or emailed to you by a member) without the express consent of such a person. As a reminder, we prohibit commercial use of Wecudos, and these non-commercial use policies apply even to general (non-identifiable) information about other members.
All of our members are required to honor this Agreement. Your permission to use the Content and Services ends immediately if you violate any of the terms of this Agreement. We may place limits on, modify, or terminate your right to access and use Wecudos and the Services and/or Content at anytime. This suspension or termination may delete information, files, and other previously available Content.Changes to this AgreementOccasionally we may update these Terms of Service. When we make changes, we will revise the "last modified" date at the top of this document. We encourage you to review these terms of service periodically. Your continued use of Wecudos constitutes your agreement to the changed terms of service.
Exclusion of Warranties
WECUDOS AND THE CONTENT AND SERVICES ARE PROVIDED "AS IS." NEITHER WE, WECUDOS SPORT AND MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. WECUDOS AND THE CONTENT AND SERVICES WERE DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION CONCERNING WECUDOS AND THE CONTENT OR SERVICES WHEN USED IN ANY OTHER COUNTRY.
Limitation of Liability of Wecudos
We cannot and do not assume any responsibility or liability for any Content or other information you submit, or your, other members, or third parties' use or misuse of information or Content transmitted or received using our Site, our tools or our Services. The use of Wecudos and the Content and Services is at your own risk. The Wecudos Site and the Content are provided on as "as is" basis. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.NEITHER WE, WECUDOS SPORT AND MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS, MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.Specifically, and without limiting the foregoing, We, our licensors, and our suppliers, make no representations or warranties about: the accuracy, reliability, completeness, correctness, or timeliness of the Content provided on or through the use of Wecudos, whether by Wecudos or any other party; or the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on Wecudos.NEITHER US, THE SPORT AND MEDICAL EXPERTS ON Wecudos, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN ONE HUNDRED DOLLARS ($100).Wecudos, its licensors, its suppliers, or any third parties mentioned on Wecudos are not liable for any personal injury, including death, attributable to or caused by your use or misuse of Wecudos or Content (including member supplied Content or Health Expert supplied Content). Any claims arising in connection with your use of Wecudos or any Content must be brought within one (1) year of the first date of the event giving rise to such action. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services (including but not limited to your participation in any activities promoted by or accessed via the Services), (b) the use, disclosure, display, or maintenance of an user’s Personal Data and/or Location Data, (c) any other interactions with us or any other users using the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.The limitations of liability in this section do not apply to breaches of intellectual property provisions by you or your indemnification obligations relating hereunder.
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR SITE, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SITE. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
General Legal Terms
Third Party Links and Services
(a) Interactive AreasOur Services often contain community features. When you post content through these features that content may become public.Wecudos is a community dedicated to helping all users reach their fitness and wellness goals. Some of our Services may include reviews, discussion forums, conversation pages, blogs or other interactive areas or social features that allow you and other users to post User-Generated Content and interact with one another (“Interactive Areas”). You are solely responsible for your use of the Interactive Areas and for any User-Generated Content that you post, including the transmission, accuracy and completeness of the User-Generated Content. As the Interactive Areas are often public, you understand that your User-Generated Content may be made and remain public.We may, but do not always, monitor our community features, and ultimately you are responsible for your interactions with other users. So please use good judgment and play fair.You are solely responsible for your interactions with other users, whether online or in person, including but not limited to comments, challenges, and friendly competition. We assume no responsibility or liability for any loss or damage resulting from any interaction with other users who employ the Services, individuals you meet through the Services, or individuals who find you because of Content posted on, by or through the Services. You agree to take reasonable precautions in all interactions with any users or individuals you interact with in connection with the Services. You are solely responsible for your involvement with any users or individuals you interact with in connection with the Services. Wecudos is under no obligation to become involved in any disputes between its users, but may do so at its own discretion.(b) Community GuidelinesOur Services are designed as a safe and supportive environment to help you reach your fitness and wellness goals. User's cannot use our services to post pornographic material, harass people, send spam, violate intellectual property rights, or do other inappropriate stuff. Be reasonable and act responsibly.Our Services are intended to be a safe and supportive community for all users. To help everyone feel safe and to maintain that positive environment, we require everyone to agree to, and follow, these rules (the “Community Guidelines”) when posting User-Generated Content and using the Services. By using the Services you agree that your User-Generated Content and use of the Interactive Areas will not violate the Community Guidelines. If you violate the Community Guidelines, we reserve the right to terminate your access to the Services.No Discriminatory or Abusive Content, or Personal Attacks or Insults.Stay positive – don’t spread hate messages, and don’t post Content that is threatening, hurtful, harassing, embarrassing, or annoying to other members of the community.No derogatory references to sex, gender, age, weight, body type, disability, ethnicity, religion, or sexual orientation, or endorsement of violence against any person or group, even if couched in humor, will be permitted. This includes expressing stereotypes about any group or community.You can respectfully disagree with a message, post or topic, but please do not attack other users by mocking or insulting them. If you are attacked by another user, and you reciprocate, you may also be subject to the same consequences.No Hijacking, Trolling, or Flame-baiting. If you are participating in our forums, please stay on-topic in an existing thread, and post new threads in the appropriate forum. Taking a thread off-topic is considered hijacking. Please either contribute politely and constructively to a topic, or move on without posting. This includes posts that encourage the drama in a topic to escalate, or posts intended to incite an uproar from the community.No Promotion of Unsafe Weight-Loss Techniques or Eating Disorders. One of our goals is to provide users with the tools to achieve their weight management goals at a steady, sustainable rate. Use of the Services to promote, glamorize, or achieve dangerously low levels of eating is not permitted. Accordingly, please do not contribute the following types of Content, which may be removed without warning:Content intended to promote potentially unsafe or controversial weight loss products or procedures, including non-medically prescribed supplements or MLM.Profiles, groups, messages, posts, or wall comments that encourage anorexia, bulimia, or very low calorie diets. This includes positive references to ana/mia, purging, or self-starving.Photos intended to glamorize extreme thinness.No Explicit Content. Don’t post Content that is defamatory, obscene, pornographic, offensive, hateful, inflammatory, or promoting sexually explicit material.No Harm to Minors. Don’t use the Services in a way that harms minors (or anyone, really).No Sending Spam and Junk Mail. Don’t spam people via posts, replies, or messages.No Illegal Content. Don’t advocate, promote, or assist any fraudulent or illegal act (e.g., violence, impersonation and computer misuse).No Soliciting Personal Data. Please don’t post or solicit Personal Data regarding or from any third party, including photographs, telephone numbers, street addresses, last names, email addresses and passwords in the Interactive Areas.No Public Posting of Private Conversations. Don’t publicly post an email or private message from any other user, moderator or administrator.No Breach of Legal Duty. Don’t post Content that is in breach of any contractual or other legal duty owed to a third party.No Deceptive or Fraudulent Links. Don't post deceptive or fraudulent links. This includes giving links misleading descriptions, putting the wrong “source” field in a post, setting misleading click-through links on images, or embedding links to interstitial or pop-up ads.No Intellectual Property Infringement. Respect the intellectual property of others. If you aren’t allowed to use someone else's proprietary work or likeness (either by license or by legal exceptions and limitations such as fair use), please don’t post it. In particular, if you have any reason to believe that User-Generated Content you see on our Services is infringing your copyrights or the copyrights of others, please see the Copyright section of our Terms.No Impersonating Wecudos or Others. Don’t post Content that is likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person, including with Wecudos. Creating an account for the purposes of deceiving other users or to work around a Services suspension is not permitted and will be grounds for a permanent ban from the Services.Other. Don’t post Content that contains anything that, in Wecudos’s sole determination, is objectionable or inhibits any other person from using or enjoying the Services, or that may expose Wecudos or our users to any harm or liability of any kind.If we determine that you are violating the Community Guidelines or otherwise have breached the Terms, we may take actions to address the issue, including, but not limited to, terminating your right to use the Services, removing your User-Generated Content, taking legal action against you (in which case you agree that we may recover reasonable costs and legal fees) or disclosing information to law enforcement authorities. We reserve the right to enforce, or not enforce, these Community Guidelines in our sole discretion, and they don’t create a duty or contractual obligation for us to act in any particular manner.(c) Objectionable User-Generated ContentIt’s a big bad Internet out there, and people post inappropriate stuff on user-generated content sites all the time. We do our best to keep the community safe and secure (users respecting the Community Guidelines helps), but you still might run into bad stuff before we have a chance to take it down. If you spot any objectionable Content, please let us know.While we require all of our users to comply with the Community Guidelines and reserve the right to monitor for violations, we ultimately cannot guarantee they will comply with the Community Guidelines or these Terms. If you believe any Content submitted to our Services violates the Community Guidelines, or if you know or suspect that someone is misusing your User-Generated Content, please report it to email@example.com. By consenting to the Terms, you understand and acknowledge that when you access or otherwise use the Services:You may be exposed to User-Generated Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User-Generated Content.You may be exposed to User-Generated Content shared by other users that is offensive, indecent, or otherwise objectionable.We cannot be held responsible for any injury or harm to you resulting from objectionable User-Generated Content or another user’s failure to comply with our Community Guidelines.
We respect copyright laws. If anything is wrong, please send an email with all the details to firstname.lastname@example.org.If you believe that User-Generated Content or Wecudos Content infringes copyright under U.S. or other national law, please notify us immediately using the contact information provided herein. It is our policy to investigate any allegations of copyright infringement brought to our attention. Please provide us with the following information in your notice of a suspected copyright violation:Identification of the work or material being infringed.Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.Your notice must be signed (physically or electronically) and must be sent to email@example.com.You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. The information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content.If you choose to subscribe to any of our enhanced, paid services, these are the payment and billing terms that apply. Paid services and billing will auto-renew unless you cancel. You may cancel at any time.(a) Payment TermsWe offer certain premium versions of the Services (the “Premium Services”) for a fee. By signing up for and using any of the Premium Services, you agree to our Terms, and any additional terms and conditions that are provided here.The Premium Services provide you access to certain enhanced products, services, features and functionality. By signing up for and using the Premium Services, including signing up for Free Trials of the Premium Services, you agree to pay any fees or other incurred charges that apply to the Premium Services (such as subscription fees).When you sign up for the Premium Services, 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 from your Payment Method the appropriate fees charged for the Premium Services and for any other purchases you elect to make via the Services.You can choose to pay for the Premium Services on a monthly or annual basis. All fees due for the Premium Services are payable in advance, and will be billed automatically to the Payment Method at the start of the monthly or annual Premium Service period, as applicable. Unless otherwise stated, Premium Services will auto-renew until you elect to cancel your access to Premium Services. All purchases of Premium Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Service.(b) Termination or Cancellation of Premium ServicesIf you do not pay the fees or charges due for your use of the Premium Services, 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 Premium Services (and may do so without notice).You can cancel the Premium Services 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 a Premium Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Premium Service through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the Premium Service through the end of that month.There are no refunds for termination or cancellation of your Premium Service. If you no longer wish to subscribe to a Premium Service, it is your responsibility to cancel your Premium Service in due time, regardless of whether or not you actively use the Premium Service.(c) Fee ChangesTo the maximum extent permitted by applicable laws, we may change our prices for Premium Services at any time. 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.(d) Discount, Coupon or Gift CodesIf you have received a discount, coupon or gift code to a Premium Service, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount or coupon code, log in to the applicable Service and enter the applicable code in the purchasing process to take advantage of the relevant promotion. Discount, coupon and gift codes cannot be combined with any other cash-off price, sales, promotion or coupon. Discount, coupon and gift codes cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the Premium Service before the end of a free or discounted period if you do not want to continue with a Premium Service at the regular price. The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted Premium Service, coupon validity dates, and/or purchase quantities. Wecudos reserves the right to cancel discounts and coupon promotions at any time.(e) Free TrialsWe sometimes offer free trials of our Premium Services or other promotional offers (each a “Free Trial”). A Free Trial provides you access to the Premium Services for a period of time, with details specified when you sign up for the offer.In order to sign up for a Free Trial, you may need to provide us with your preferred payment method. As soon as you submit your payment details, your Free Trial will begin. You will not be charged until the Free Trial period ends.Unless you cancel before the end of the Free Trial, or unless otherwise stated, your access to the Premium Service will automatically continue and you will be billed the applicable fees for that Premium Service. All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Service. We may send you a reminder when your Free Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Free Trial will end if you decide you do not want to become a paying Premium Services user after the Free Trial period.If you decide that you do not want to become a paying Premium Services user, you must cancel your subscription before the end of the Free Trial period. Depending on which of our Premium Services for which you have a Free Trial, you may lose access to the Premium Service as soon as you cancel or at the end of the Free Trial period. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if you did not use the Premium Service for the entire duration of the offer.Premium Service features and content may change at any time, and we cannot guarantee that any specific feature or content will be available for the entire Free Trial period. The rates in effect when you sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the Premium Services during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given Premium Service at the same time, and we reserve the right to limit your ability to take advantage of multiple Free Trials.
Shopping and E-Commerce
If you buy things through Wecudos Shopping, we require you to provide additional Personal and Payment Method Information in order to complete your purchase. Additional e-commerce terms and conditions may apply to Wecudos Shopping. We also aim to provide information about our refund, exchange, re-stocking, taxes, shipping, and related policies at or near the point of purchase. If you have questions related to Wecudos Shopping, please contact us at firstname.lastname@example.org. Please review these policies prior to making purchases through Wecudos Shopping.
It’s important to us that users stay healthy while training. Please be responsible and use your best judgment and common sense. We provide our Services for information purposes only, and can’t be held liable if you get injured or something goes wrong. In particular, while most of the content posted by the other users in our community is helpful, it is coming from strangers on the Internet and should never trump good judgment or actual medical advice.(a) Safety FirstWecudos cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any physical activity, wellness or fitness program. By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in wellness and fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Services. Everyone’s condition and abilities are different, and participating in the activities promoted by our Services is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Activities promoted by the Services may pose risks even to those who are currently in good health.You understand and agree that we will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the Services (e.g., featured, official or community created challenges; routes; friendly competitions or similar activities; any single or group training activities; any Third-Party Activities or other events or activities that utilize our Services). Maps, directions and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. We encourage you to always put safety first, follow applicable traffic regulations, do not change settings on your device while in motion or in unsafe areas and always be vigilant and take stock of your surroundings when exercising.You expressly agree that your user activities, which may generate the User-Generated Content you post or seek to post on or via the Services (e.g., running, walking, cycling, hiking) and certain Third-Party Activities carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of Wecudos or by the action, inaction, or negligence of others.Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages that are sustained from your physical activities or your use of, or inability to use, any Services or features of the Services, including any Content or activities that you access or learn about through our Services (e.g., a Third-Party Activity such as a yoga class), even if caused in whole or part by the action, inaction or negligence of Wecudos or by the action, inaction or negligence of others. To the maximum extent permitted by applicable law, you also expressly agree that we do not assume responsibility for any Third-Party Activity or any other race, contest, class, athletic activity or event that utilizes or is promoted by or accessed via the Services.(b) Not Medical AdviceWe aim to provide useful general information for our community, not professional medical advice. The Services are not medical devices, and the data provided by them is not intended to be utilized for medical purposes and is not intended to diagnose, treat, cure or prevent any disease, ailment or injury. To the maximum extent permitted by applicable law, you expressly agree that we are not providing medical advice via the Services. All Content provided through the Services, whether provided by us or by other users or third parties (even if they are claiming to be a doctor!) is not intended to be and should not be used in place of (a) the advice of your physician or other professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Services. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.Your use of the Services does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between Wecudos and you.(c) AccuracyThe Services are intended to provide you with information to encourage you to support your wellness and fitness activities. Some of the Services are aimed at tracking your physical movements and sleep activity (“Activity Tracking Services”). These Activity Tracking Services rely on sensors and/or GPS functionality that track your movement or body at rest. The data and information provided by the Activity Tracking Services are intended to be a representation of your activity, but may not be completely accurate, including with respect to step, sleep, speed, distance, or calorie data.
WECUDOS USER AGREEMENT
OTHER APPLICABLE TERMS AND POLICIES
(a) Booking and Confirming Consultations.As a Client, you may issue a Booking Request for a Booking through the Services by providing the desired Booking date, start and end time, number of attendees using the Booking, a detailed explanation of the activity(ies) that will take place during the Booking, any requested Wecudos Concierge Services, and by also submitting your payment information provided by a credit card or a debit card. By Booking using the Service, you represent and warrant the following: (i) any payment information you supply is true and complete; (ii) charges incurred by you will be honored by payment card company; (iii) that you will pay the stated price for the Booking, even if you are unable to use the Booking during the time reserved; (iv) that you will not make any alteration in, or permit any alteration to be made to, any Booking; and (v) you are, and will continue at all times while using the Services to be, compliant with all Applicable Laws, Tax requirements, and any other rules, regulations, and agreements that may apply to the Booking included in the Booking Details (including applicable insurance policies) and that you agree to any terms and conditions set out in the Booking Details. The Pro may not change any terms set forth in the Booking Details after approving a Booking Request from the Client that has reserved a Booking on the basis of the previously advised Booking Details, including any prices or payment terms. After the Pro has confirmed a Booking, then the Client will be charged the Transaction Amount by Wecudos. The Transaction Amount will include the following elements: (a) the Booking Charge and (b) the cost of any approved Wecudos Concierge Services including any applicable fees. Wecudos reserves the right to terminate a Pro for any two or more failures to timely confirm a reservation for consultation. Wecudos reserves the right to terminate a Client for any chargeback or declined payment authorization.Unless otherwise stated in the Booking Details, the start and end time of each Booking is inclusive of all setup time as well as teardown or cleanup time.(b) Booking consultations.Once a reserved consultation has been confirmed by the Pro, a binding contract will have been entered into by and between the Pro and the Client for the relevant consultation by the Pro to the Client as-is and where- is, subject to this Agreement and the terms set out in the Booking Details.(d) Required Insurance.As a Pro, once you confirm a Booking you are required to have adequate insurance in place to cover any people or property associated with the Booking for the activities that you will conduct there.
(a) Taxes on Transactions Concerning Pros and Clients.As a Pro or Client, you are solely responsible for determining your obligations under and your compliance with Applicable Law regarding Taxes in consultation with your tax advisor. Wecudos may not, and does not, offer any Tax-related guidance to Users of the Services. The Pro shall be responsible for ensuring that the Booking Charge is sufficient to cover all applicable Taxes, customs, duties, fees or other amounts assessed or imposed by any governmental authority, which may be imposed on the Pro in relation to or arising out of the Payout.(b) Taxes on Transactions with Wecudos.Unless otherwise specified, the Service Fee, and any charges for Premium Services, are exclusive of Taxes, customs, duties, fees or other amounts assessed or imposed by any governmental authority (other than Taxes imposed on Wecudos’s net income). You will pay or reimburse Wecudos for all such Taxes, customs, duties, fees or other amounts attributable to you immediately upon demand or provide certificates or other evidence of exemption.
INTERACTIONS BETWEEN Pros and Clients, AND CLIENTS AND THIRD-PARTY VENDORS
(a) Cancellations and Refunds.•(i) Cancellations by Clients.As a Client, currently you may cancel any Booking up until the booking time being confirmed by the Pro without further obligation provided. Clients will only be charged if a consultation completes successfully or if they miss a consultation, otherwise they will get a refund. Cancelled consultations will also result in a refund to the client.•(ii) Cancellations by Pros.The cancellation of a confirmed Booking by a Pro requires intensive logistical support and can impact the high standard of service by which Wecudos’s marketplace operates. As such, in the event of any cancellation of a confirmed Booking by a Pro, Wecudos reserves the right to impose penalties on the Pro’s account including publishing an automated review indicating a cancelled Booking, and suspending or terminating the Pro’s account. A cancellation of a confirmed Booking by a Pro must be made with at least 2 calendar days’ notice. Failure to comply with the preceding sentence will result in Wecudos charging the Pro the applicable Service Fee. In addition, if any Pro cancels more than one Confirmed Booking, Wecudos may, in its sole discretion, withhold future Payouts to a Pro to make up for any losses incurred as a result of Pro’s initial cancellation. These losses may include but are not limited to, the additional costs required to complete a new Booking for a Client that has been displaced by a Pro’s cancellation.•(iii) General.Wecudos reserves the right to make adjustments to its cancellation and refund policy in accordance with this Agreement.(b) Overtime.In the event a consultation lasts longer than the agreed length, it is the responsibility of the Pro to ensure this is avoided or agreed with in advance with the Client. No additional charge will be applied to the Client in this case. It is the sole responsibility of the Pro to enforce the consultation duration and time keeping.(c) Inappropriate Conduct.If you, as a Pro, permit a Client to use a Booking or, as a Client, make use of a Pro’s Booking and thereby become aware that such other User has engaged in inappropriate or illegal behavior, you must immediately report the User to the appropriate law enforcement authorities. In addition, you must notify Wecudos immediately at email@example.com. Although Wecudos reserves the right to terminate the accounts of any such User, your notice will not obligate us to take any action beyond that required by law or otherwise cause us to incur any liability to you, any other User, or any third party.(d) Dispute.If a dispute arises between a Pro and a Client following the confirmation of a Booking reservation, which dispute the claiming party would like Wecudos to investigate, the claiming party must notify Wecudos at firstname.lastname@example.org within 3 calendar days of the alleged disputed incident and detail the circumstances of such disputed incident and provide all available documentation including, without limitation, a walkthrough report and photographs or video or other physical or documentary evidence concerning the dispute. Any disputes submitted after the 3-day period will be deemed outside Wecudos’s statute of limitations and no action will be taken. Disputes submitted within 3 calendar days of incident will be reviewed by Wecudos. Wecudos will independently contact the Pro and Client to investigate the dispute. If warranted, Wecudos will mediate the dispute and make best reasonable efforts to resolve the matter quickly and amicably.(e) Disclaimer and Release of Liability.All interactions between you and any other User are at your sole risk. Your use of the Services and your contact, interaction, or dealings with any third parties arising out of your use of the Services is solely at your own risk. Wecudos is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches, or negligence of any Pro or Client or third party vendor providing Wecudos Services for any personal injuries, death, property damage, loss, theft, or other damages or expenses resulting therefrom. Because the Services are merely a platform, in the event that you have a dispute with any Users or third party vendors of Wecudos Concierge Services, you release the Wecudos Parties from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
USE OF THE SERVICES
INTELLECTUAL PROPERTY RIGHTS
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY BY WECUDOS IN A WRITING, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WECUDOS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO ANY WECUDOS MARKS, THIRD-PARTY TRADEMARKS, THE SERVICES, AND THE MATERIALS, INCLUDING IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU HEREBY AGREE THAT YOU HAVE RELIED ON NO WARRANTIES.Wecudos reserves the right to modify or discontinue (whether temporarily or permanently) any or all of the Services without prior notice, and hereby disclaims all liability for any such modification, suspension, or discontinuance.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE WECUDOS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF USE, DATA, OR PROFITS), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES, EVEN IF ANY OF THE WECUDOS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE TOTAL, AGGREGATE LIABILITY OF THE WECUDOS PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT (IF ANY) YOU PAID TO ACCESS OR USE THE SERVICES; MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES OR WITH ANY TERMS OR CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.
You will defend, indemnify, and hold harmless the Wecudos Parties from and against any and all third-party claims, damages of any kind, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to any of the following: (a) your access to, use of, or conduct in connection with the Services; (b) your interaction with any User or provider of Wecudos Services; (c) your agreement with any Pro or Client or third-party vendor of Wecudos Services; (d) your addition of any Booking; (e) the use, condition, or licensing of any Booking or reservation or use of any Wecudos Service, including any injuries, losses, damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a reservation, license, or use of a Booking or Wecudos Service; (f) your violation of this Agreement; or (g) your violation of the rights of another.
PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE IT REQUIRES YOU AND WECUDOS TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF.You and Wecudos agree to arbitrate any dispute, claim, or controversy arising from or related to this Agreement or the Services, except that neither you nor Wecudos is required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU AND WECUDOS FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Wecudos agree as follows; you will each notify each other of any dispute within 30 days of when it arises and attempt informal resolution before any demand for arbitration; (b) any arbitration will occur in United Kingdom and (c) arbitration will be conducted confidentially by a single arbitrator .The language of all proceedings and filings will be English. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will be binding upon the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration parties unless the arbitrator determines to apportion fees and expenses differently. To the fullest extent permitted by applicable law, Whether the dispute is heard in arbitration or in court, NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE APPLICATIONS, AND NEITHER YOU NOR WECUDOS will commence against the other a class action, class ARBITRATION, or other representative action or proceeding.
Notwithstanding any of this Agreement, we reserve the right, without notice and at our discretion, to terminate your license to use the Services and to block or prevent your future access to and use of the Services. Wecudos reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Services during suspension or after termination, and you agree that Wecudos may recover its reasonable attorney’s fees and court costs from you for such actions. Even while your right to use and access to the Services is suspended and after it is terminated, this Agreement will remain enforceable against you.
You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Wecudos may freely transfer or assign all or part of this Agreement without restriction and at our discretion. Enforcement of this Agreement is solely at Wecudos’s discretion, and failure to enforce any part of this Agreement in some instances does not constitute a waiver of our right to enforce the same or other part of this Agreement in other instances. As used in this Agreement, “including” means “including (without limitation).” The section headings of this Agreement are for reference purposes only and will not affect the meaning or interpretation of this Agreement. If any provision of this Agreement is or becomes unlawful, void, or otherwise unenforceable (including the warranty disclaimers and liability limitations set forth above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of this Agreement will continue in full force and effect. This Agreement is enforceable only by and between you and Wecudos; except as otherwise expressly set forth herein, there will be no third party beneficiaries to this Agreement.