This Subscriber Agreement and Terms of Use govern your use of the VIVE Alchemy, Basic Fitness LLC website (“Vive Alchemy Site,” or the “Site,”). If you agree to be bound by the terms of the Agreement, you should check the box indicating your agreement to the terms of this Agreement on the registration page. If you do not agree to be bound by the terms of this Agreement, you should not check the box but you will not be able to proceed with the registration process or become a subscriber. To the extent you have access to, or are using the Site, even if you have not registered, you are hereby notified that your continued use of the Site is subject to all of the terms set forth in the Agreement. Your continued use of the Site shall be deemed your acknowledgment of agreeing to this Agreement and Terms of Use and that you are bound by the Terms of Use. If you do not agree to all of these Terms of Use, do not use the Site!
VIVE Alchemy may revise and update this Agreement and Terms of Use at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the website that the Agreement and Terms of Use have been revised or updated). The changes also will appear in this document, which you can access at any time by going to the Subscriber Agreement and Terms of Use link at the footer of Site. Your use and continued usage of the Site will mean you accept any and all revisions or updates to this Agreement and Terms of Use.
The contents of the Vive Alchemy Site, including audio, video, text, graphics, images, information obtained from VIVE Alchemy’s licensors, and any other material contained on the VIVE Alchemy Site (all of which is referred to as “Content”) is general in nature and for informational purposes only.
None of the Content is intended as medical advice, nor to provide a diagnosis or recommend treatment. The Content is not intended to be a substitute for professional medical advice. The Content may contain inaccuracies or errors. Always consult with your personal physician or other health professional prior to beginning any new diet or exercise program, particularly if you have a family history of medical related issues, including high blood pressure, high cholesterol, or heart disease. Never disregard professional medical advice or delay in seeking it because of something you have read on the Vive Alchemy Site! If you think you may have a medical emergency, call 911 or your doctor immediately.
VIVE Alchemy does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by VIVE Alchemy, its employees, others appearing on the Site at the invitation of VIVE Alchemy, or other visitors to the Site is solely at your own risk.
The Site may contain health related or medical-related information or materials that you might consider sexually explicit or otherwise offensive. If you, in fact, find such materials offensive, you should discontinue using the Site.
You must be 18 years of age or older to purchase a subscription to the Site or any other content, product, or service offered through the Site. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. You agree to pay the subscription fees and any other charges incurred in connection with your account (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. Unless you have paid by check, VIVE Alchemy will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. All fees and charges are non-refundable. VIVE Alchemy reserves the right to issue refunds or credits at our sole discretion. If VIVE Alchemy does issue a refund or credit, VIVE Alchemy is under no obligation to issue the same or similar refund in the future. VIVE Alchemy may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel. Only one individual may access a Service at the same time using the same user name or password, unless Vive Alchemy agrees otherwise. If you believe someone has accessed the Site using your user name and password without your authorization, please immediately notify us by calling 865.850.0009 or contacting us 8201 Kingstree Lane Knoxville, TN 37919. You are responsible for any fees or charges incurred to access the Site through an Internet access provider or other Third Party service.
This Agreement shall remain in full force and effect while you use the Site. Unless you have paid by check, your subscription will renew automatically until it is cancelled in accordance with this Section. For annual subscriptions, VIVE Alchemy will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card unless you pay by check. VIVE Alchemy may cancel your subscription at any time upon notice to you. You may cancel your subscription by contacting us by phone at 865.850.0009.
The use of the VIVE Alchemy Site and its Content is at your own risk.
When using the VIVE Alchemy Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of VIVE Alchemy and its suppliers. Accordingly, VIVE Alchemy assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the VIVE Alchemy Site. VIVE ALCHEMY DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
a. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the VIVE Alchemy Site or VIVE Alchemy.
b. The satisfaction of any government regulations requiring disclosure of information on prescription drug products, vitamins and health supplements, exercise and diet programs, or the approval or compliance of any software tools with regard to the Content contained on the VIVE Alchemy Site.
In no event shall VIVE Alchemy, its licensors, its suppliers, or any third parties mentioned on the VIVE Alchemy Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, loss of income, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the VIVE Alchemy Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not VIVE ALCHEMY, its licensors, its suppliers, or any third parties mentioned on the VIVE Alchemy Site are advised of the possibility of such damages. VIVE Alchemy, its licensors, its suppliers, or any third parties mentioned on the VIVE Alchemy Site are not liable for any personal injury, bodily harm, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. The total cumulative liability of VIVE Alchemy, its licensors, its suppliers, or any third parties mentioned on the VIVE Alchemy Site shall be limited to the sum of the amounts paid by you for your subscription to the site during the twelve (12) months immediately preceding the incident giving rise to the liability. Remedies under this Agreement and Terms of Use are exclusive and are limited to those expressly provided for herein.
The Site has several online tools allowing its users to record and store information. Use of these areas indicates your agreement to take all reasonable and necessary steps to ensure that no unauthorized person shall have access to your VIVE Alchemy passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your VIVE Alchemy account and password; (3) promptly inform VIVE Alchemy of any need to deactivate a password.
You grant VIVE Alchemy and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. VIVE Alchemy cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using VIVE Alchemy tools and services. By submitting any information (including business information, idea, concept or invention) to the Site or through the Site, you agree that such information is non-confidential for all purposes and waive any rights to maintain the privacy of such information.
You agree to only post or upload photos, videos, audio or other information that you have taken yourself or that you have all rights to transmit, and which do not violate or infringe on any trademark, copyright, privacy or other rights of any other person.
7. COMMUNITY AREAS (“Public Area”)
If you use a Public Area, such as message boards, blogs, Ask Our Expert, User Reviews or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. You understand and agree that Public Area includes information, views, opinions, and recommendations of many individuals and organizations. VIVE Alchemy does not endorse any recommendation or opinion made by any user. VIVE Alchemy and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
If you submit any information, including any business information, idea, concept or invention to a Public Area or to VIVE Alchemy by email, you represent to us that you have the all necessary legal rights to upload, post or submit such information and you thereby automatically grant, convey and warrant that you or the owner of such information has expressly granted VIVE Alchemy a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivate works from, modify, publish, edit, translate, distribute, perform and display the information, or any part thereof, in any media, medium, format or forum now known or hereafter developed.
In consideration of being allowed to use the Public Area, you agree that the following actions shall constitute a material breach of this Agreement:
a. Using a Public Area for any purpose in violation of local, state, national, or international laws;
b. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
c. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by VIVE Alchemy in its sole discretion;
d. Posting advertisements or solicitations of business;
e. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
f. Posting chain letters or pyramid schemes;
g. Impersonating another person;
h. Distributing viruses or other harmful computer code;
i. Harvesting or otherwise collecting information about others, including email addresses;
j. Allowing any other person or entity to use your identification for posting or viewing comments;
k. Posting the same note more than once or “spamming;” or
l. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of VIVE ALCHEMY, exposes VIVE Alchemy or any of its customers or suppliers to any liability or detriment of any type.
VIVE Alchemy reserves the right (but is not obligated) to do any or all of the following:
a. Record the dialogue in public chat rooms;
b. Investigate an allegation that a communication do not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication;
c. Remove any communication which is abusive, illegal, or disruptive, or that otherwise fails to conform with this Agreement;
d. Terminate a user’s access to any or all Public Areas and/or the VIVE ALCHEMY Site upon any breach of this Agreement;
e. Monitor, edit, or remove any communication in the Public Areas;
f. Edit or delete any communication posted on the VIVE Alchemy Site, regardless of whether such communication violates these standards;
VIVE Alchemy or its licensors have no liability or responsibility to users of the VIVE Alchemy Site or any other person or entity for performance or nonperformance of the aforementioned activities.
VIVE Alchemy may provide links to third-party web sites containing information that may be deemed relevant, interesting or informative to readers of the website. VIVE Alchemy also may select certain sites as priority responses to search terms you enter and VIVE Alchemy may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content.
VIVE Alchemy does not recommend and does not endorse the content on any third-party websites. VIVE Alchemy is not responsible for the content nor accuracy of linked third-party sites, sites found within the VIVE Alchemy Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. VIVE Alchemy Site does not endorse any product, service, or treatment advertised on the VIVE Alchemy Site, other than its own products.
You agree to indemnify and hold harmless VIVE Alchemy and its affiliates and its and their respective officers, directors, shareholders, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (i) any of your submissions, (ii) your exercise of any of your rights granted under this Agreement without your compliance with your responsibilities set forth herein, (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in this Agreement, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any applicable laws and/or this Agreement by you and/or anyone using your registered account to access and/or otherwise use the Site (in whole or in part), or (v) your willful misconduct or the willful misconduct of anyone accessing the Site through your registered account, in connection with your (and/or such other person’s) use of the Site (in whole or in part). VIVE Alchemy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with VIVE Alchemy in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
Any logos, text, graphics, video, metadata, data, designs, compilation, look and feel, service marks, trademarks and Content of VIVE Alchemy (all of which is referred to as “Intellectual and Proprietary Property”) appearing throughout the Site are proprietary and original works of authorship of VIVE Alchemy. And all right, title and interest in and to such Intellectual and Proprietary Property is owned by VIVE Alchemy. Without VIVE Alchemy’s express prior written permission, you agree not to display or use in any manner the VIVE Alchemy Intellectual Property. Nothing on this Site shall be construed as conferring any license or other rights to the Intellectual and Proprietary Property or other proprietary rights of VIVE Alchemy, its affiliates, or any third party. All contents of this Site are: Copyright © 2015, VIVE Alchemy. Basic Fitness LLC or its licensors (the year “2015” shall be deemed automatically replaced with the current year as of January 1st of each year). All rights reserved.
You agree not to rearrange or modify the Intellectual and Proprietary Property. You agree not to create abstracts from, scrape or display our Intellectual and Proprietary Property for use on another web site or service. Unless you have our written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to the Intellectual and Proprietary Property received through the Site to anyone.
Your privacy is important to us. To learn more about how VIVE ALCHEMY protects your privacy, refer to the Privacy Policy.
You expressly agree that exclusive jurisdiction for any dispute with VIVE Alchemy, or in any way relating to your use of the VIVE Alchemy Site, whether arising in contract, tort, or otherwise, shall be with the federal or state courts in the County of Knox, State of Tennessee and shall be tried before a court and not before a jury, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts within the State of Tennessee in connection with any and all dispute including any claim involving VIVE Alchemy or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
This Agreement and Terms or Use are governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. If any provision of term or condition is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement and Terms of Use, which shall remain in full force and effect. No waiver of any of these term or condition shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting VIVE Alchemy’s copyright agent (identified below) and providing the following information, as required by the Digital Millennium Copyright Act, as may be amended from time to time:
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number and (if available) e-mail address.
d. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
VIVE Alchemy’s agent for copyright issues relating to this Site is as follows:
Basic Fitness LLC
Attn: John Wood
900 S. Gay Street, Suite 1400
Knoxville, TN 37919
Or call: 865.292.2503
In an effort to protect the rights of copyright owners, VIVE Alchemy maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
This Agreement contains the final and entire agreement between us regarding your use of the Site and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Site. VIVE Alchemy may discontinue or change the Site, or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. The paragraph headings throughout this Agreement are for convenience and reference only, and the words contained herein shall not be held to expand, modify, amplify or aid in the interpretation, construction or meaning of this Agreement.