This Agreement is subject to change by MKKWELLNESS.COM (hereinafter “MKK Wellness”) in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
MKK Wellness may offer additional services or revise any of the services or pricing, at its discretion, and this Agreement will apply to all additional services or revised services. MKK Wellness also reserves the right to cease offering any of the Services.
1. Use of Site and Service
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
1.1. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MKK Wellness is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
1.2. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Registered Users through the Services.
1.3. No Harassment of MKK Wellness Employees or Agents. You will not harass, annoy, intimidate or threaten any MKK Wellness employees or agents engaged in providing any portion of the Services to you.
2. Proprietary Rights
2.1. Ownership of Proprietary Information. You hereby acknowledge and agree that MKK Wellness is the owner of highly valuable proprietary information, including without limitation, the exercise instructions, and videos. MKK Wellness owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
2.2. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
2.3. Other Users’ Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any MKK Wellness or third party proprietary information available via the Services or the Site.
2.4. License to Posted Content. By posting information or content to any pages or area of the Services such as Advice, you automatically grant, and you represent and warrant that you have the right to grant, to MKK Wellness and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
3. User Information
3.1 Disclosure By Law. You acknowledge and agree that MKK Wellness may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend MKK Wellness’, or a third party’s rights or property; or (3) protect someone’s health or safety.
3.2. Use of Anonymous Information for Research. By using the Services, you agree to allow MKK Wellness to anonymously use the information from you and your experiences through the Services to continue MKK Wellness’ research into successful exercise programming and to improve the Services. This research, conducted by fitness professionals and healthcare research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.
4. Communication and Privacy
We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services.
You can cancel your membership at any time. After cancellation you will still have access to the software until the end of your current subscription period but your subscription will not be renewed.
7. Revision Date
This Agreement was last revised on 23 December 2020.