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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By accessing or using this site and the Sensei program, you signify your assent to these Terms and Conditions. Each time you use the Site, you reaffirm your acceptance of the then-current Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you may discontinue using the Site. You cannot register or use the Site until you have accepted these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not access or use this site or the Sensei program. Sensei, Inc. ("Sensei") may revise and update these Terms and Conditions at any time. Your continued usage of the Sensei website and program will mean you accept those changes. ELIGIBILITY: By registering to use this Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions. GENERAL TERMS AND CONDITIONS: You agree to: (a) maintain all equipment necessary for your access to and use of the Sensei program (including but not limited to internet access, computer equipment for accessing the internet, mobile phones, mobile phone call plans with carriers, etc.); (b) maintain the security of your user identification, password and other confidential information relating to your Sensei account; (c) be responsible for all charges resulting from use of your Sensei account, including unauthorized use prior to your notifying Sensei of such use and taking steps to prevent its further occurrence by changing your password; and (d) updating your personal information, including mobile phone number and e-mail address. MEMBERSHIP TERM: With the exception of trial memberships and special offers, the Initial Membership Term ("IMT") is four (4) weeks. Unless specified otherwise on this web site, after the IMT, each membership is automatically renewed every 4 weeks and members are financially responsible for all associated renewal fees until notice of cancellation is received by Sensei. CANCELLATION: A member may cancel anytime and receive a full refund of any unused portion of their membership dues. A minimum fee of four week's membership will be charged. Cancellations are not retroactive; therefore, if a member cancels after their membership week has begun, the member will not be entitled to a refund for that membership week. Cancellations do not become effective until the starting date of the member's next membership week. A membership week begins on the calendar day (e.g., Monday) when a member subscribes to the Sensei program and concludes on the day before that calendar date (e.g., Sunday) the following week. A member may cancel as follows: By email: send an email to sensei@sensei.com indicating within the body of the message your intent to cancel. Be sure to include your first and last name, mobile phone number, and user name. By mail: send a brief letter, including your first and last name, mobile phone number, user name and email address, and mail it to: Sensei, Inc 2300 Glades Road Suite 220 West, Boca Raton FL 33431 Att: Member Services. By telephone: dial toll free 1.86.MY.SENSEI (1.866.973.6734). You will be asked to provide your first and last name, mobile number, user name, and email address. WAIVER, RELEASE AND LIMITATION OF LIABILITY: You agree that neither Sensei, nor its affiliates, subsidiaries, officers, directors, employees, agents, consultants or information providers or suppliers, shall have any liability to you under any theory of liability or indemnity in connection with your use of the Sensei program or Services. You hereby release and forever waive any and all claims you may have against Sensei its affiliates, subsidiaries, officers, directors, employees, agents, consultants, information providers or suppliers for losses or damages you sustain in connection with your use of the Sensei program or Services. Notwithstanding the foregoing paragraph, the total liability of Sensei, and its affiliates, subsidiaries, officers, directors, employees, agents, consultants, information providers and suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from or related to any use of the information or other parts of the Sensei program or Services, are hereby excluded even if Sensei. its affiliates, subsidiaries, officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. Void where prohibited by law. DISCLAIMER OF WARRANTIES: YOU AGREE THAT YOUR USE OF THE SERVICES AND THE SENSEI PROGRAM ARE AT YOUR OWN RISK. THE SERVICES, THE SENSEI PROGRAM, THIS WEB SITE, AND ALL RELATED CONTENT ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" BASIS. SENSEI DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SENSEI PROGRAM OR SERVICES, THIS WEB SITE, AND ALL RELATED CONTENT OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SENSEI PROGRAM OR SERVICES, OR THIS WEB SITE. SENSEI DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SENSEI PROGRAM OR SERVICES OR ON THE INTERNET GENERALLY. SENSEI MAKES NO WARRANTY OR GUARANTEE THAT THE SENSEI PROGRAM OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SENSEI DOES NOT WARRANT OR GUARANTY THAT THIS WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SENSEI SHALL NOT BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SENSEI PROGRAM OR SERVICES. INDEMNIFICATION: You agree to indemnify and hold Sensei, its affiliates, subsidiaries, officers, directors, employees, agents, consultants, information providers, and suppliers, harmless from and against any and all claims, actions, or demands, losses, liabilities, costs and expenses (including but not limited to attorneys' fees incurred by Sensei in connection with your violation of third party's rights) arising from your violation of these Terms of Condition and Use or any third party rights. LINKS TO THIRD-PARTY WEB SITES: This Web site may contain links to third-party Web sites. The links are provided solely as a convenience to you and not as an endorsement by Sensei of the content on such third-party Web sites. Sensei does not control or guaranty the accuracy or integrity of the content located on linked third-party Web sites. Sensei is not responsible and assumes no liability for the information, content, or software of linked third-party Web sites and does not make any representations regarding the content, quality, safety or accuracy of materials on such third-party Web sites. If you decide to access third-party Web sites, you do so at your own risk. SERVICES: You are using the Services and the Sensei program at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs. Additionally:
CHARGES AND BILLING: You are responsible for providing a valid and activated credit card number at the time you register for a Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Sensei account at the prices then in effect, including any unauthorized charges incurred prior to your notifying Sensei of such charges. You agree that Sensei may provide your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your Service. All Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. Sensei reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Service at any time with at least thirty (30) days' notice. USER SUBMISSIONS: The personal information you submit to Sensei is governed by the Sensei Privacy Policy. To the extent there is an inconsistency between this Agreement and the Sensei Privacy Policy, this Agreement shall govern. You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards, discussion forums, blog, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Sensei reserves the right (but is not obligated) to do any or all of the following:
Sensei or its licensors have no liability or responsibility to users of the Sensei Site or program or any other person or entity for performance or nonperformance of the aforementioned activities. If you make any such submission, you agree that you will not send or transmit to Sensei by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any question, submission, idea, concept or invention to Sensei by email, you agree such submission is non-confidential for all purposes. INTELLECTUAL PROPERTY: This Web site is protected under United States trademark law. The trademarks, tradenames, logos, service marks, product names, and company names, including, but not limited to, "SENSEI", "CHANGING MINDSETS WITH HANDSETS", "SENSEI FOR WEIGHT LOSS" and the SENSEI logo (the "Trademarks") appearing on this Web site are registered and unregistered Trademarks of Sensei Incorporated. All other trademarks, logos, service marks, product names, and company names on this Web site are the property of their respective owners. Under no circumstances should anything appearing on this Web site be construed as granting by implication, estoppel, or otherwise, any form of license or authorization to use, reproduce, or distribute the Trademarks displayed on this Web site. Licenses to use Trademarks appearing on this Web site may be obtained through Sensei's prior written consent. Sensei may withhold its consent. Misuse of Trademarks or any materials comprising this Web site is strictly prohibited. You agree to abide by any and all trademark and service mark notices, information, or restrictions contained on this Web site. Any copied or downloaded content must retain all trademark and service mark notices. Sensei will strictly enforce its intellectual property rights under the trademark laws. The materials and this Web site are the property of Sensei Incorporated or others and are protected by United States copyright law and international copyright treaties. You agree to comply with reasonable requests by Sensei to protect Sensei's contractual, statutory and common law rights in the materials. Notwithstanding copyright protection of individual elements appearing on this Web site, this Web site is protected by copyright law as a collective work and/or compilation. You agree to abide by any and all copyright notices, information, or restrictions contained on this Web site. Permission to use the copyrighted content on this Web site for commercial purposes must be obtained through the prior written consent of Sensei. Sensei may withhold its consent for use of the copyrighted content for commercial purposes. Sensei will strictly enforce its intellectual property rights under the copyright laws. Sensei permits you to make a single copy of the content appearing on this Web site for the purpose of obtaining information of its products and services with the exception that you are not authorized to display, distribute, download, modify, print, store, transmit, or use any materials or content appearing on this Web site. CHOICE OF LAW: If any disputes arise between us regarding your use of this web site, such disputes shall be resolved according to the laws of the State of Florida, and the federal and state courts of Florida shall have exclusive jurisdiction over all claims. UNSOLICITED MATERIALS: Sensei does not accept unsolicited ideas, text, graphics, proposals, or other information from the general public. Sensei shall be under no obligation to treat any unsolicited submissions it receives as confidential. Sensei shall not incur any liability or incur any obligation to provide compensation as a result of any unsolicited ideas, text, graphics, proposals, or other information it receives. TERMINATION: Sensei has the right to terminate your account and access to the Site for any reason, including, without limitation, if Sensei, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms and Conditions (either directly or through breach of any other terms and conditions or operating rules applicable to you). Sensei may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Site. NOTICE: Sensei may deliver notice to you under this Agreement by means of electronic mail, a general notice on sensei.com or any affiliated Sensei owned sites, or by written communication delivered by first class U. S. mail to your address on record in the Site's account information. You may give notice to Sensei at any time via electronic mail to Sensei or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address: Sensei, Inc |
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This site and any mobile phone application or information collected from any biometric device are for informational and educational purposes only. The content contained in this program is intended to provide general health information for the general public. It is made available with the understanding that Sensei is not engaged in rendering medical, health, psychological, diagnostic, treatment or any other kind of professional services. The information should not be considered complete and does not cover all health, diet, psychological, and physical conditions or their treatment. The information on this Web site and any information transmitted or received over any mobile application or information collected from any biometric device is not intended and should not be used for diagnosing or treating a health problem. Not all diet and exercise plans suit everyone. The health and/or nutritional information on this site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always consult your licensed healthcare provider before starting a diet or embarking on any fitness or weight-training program. Sensei reserves the right to refuse or cancel your membership at any time upon notice to you due to certain medical conditions. Sensei will use reasonable efforts to include accurate and up-to-date content and information on the Web site and through any mobile phone based application. From time-to-time, we will include content and/or information provided by third parties. Sensei, has no control over the content, terms, or privacy policy of any external site that has been linked to, and as such can provide no guarantees on the authenticity of the information contained therein. By visiting and using this site, you agree to all terms listed above. |