Welcome to the Wendy Scinta Enterprises LLC website and on-line services (the “Site”). Here you can access general information and other Content (as defined below) relating to health and weight loss, including subscribing to one or more of our Bounce™ programs designed to provide you with more Content and access to other valuable health and weight loss resources (the “Subscription Services”).
Health Care Disclaimer.
PLEASE NOTE THAT THE CONTENT, PRODUCTS AND SERVICES OFFERED HEREIN ARE HERE TO EDUCATE CONSUMERS ON HEALTH AND WEIGHT LOSS ISSUES ENCOUNTERED IN DAILY LIFE. NOTHING IN THIS SITE OR THE CONTENT, PRODUCTS OR SERVICES OFFERED HEREIN SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THIS SITE AND ITS SERVICES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDER FOR DIAGNOSIS OR TREATMENT, INCLUDING YOUR SPECIFIC MEDICAL NEEDS. NONE OF THE PRODUCTS OR SERVICES OFFERED THROUGH THIS SITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR SERVICE OR PRODUCT IS SAFE, APPROPRIATE OR EFFECTIVE FOR YOU.
- Account Set-Up For Subscription Services Only.
If you wish to subscribe to one of our Subscription Services, you must fully complete the Online Subscription Agreement accessible on our Site (the “Subscription Agreement”) to create an account with a user name and password (the “Account”), which Account shall be subject to additional terms and conditions of use as incorporated in the Subscription Agreement. If you wish to just take advantage of our general information and Content available on our Site, you do not need to set up an Account, but shall still be bound to these Terms.
- On-Line Orders; Conditions of Sale.
From time to time, WSE may offer certain products for purchase on this Site (“Products”). To the extent your wish to purchase a Product made available for purchase on this Site, you agree to pay all charges incurred in connection with your purchases on our Site at the prices then in effect when such charges are incurred. All purchases must be made by credit or debit card. You agree to pay all applicable taxes, customs, duties or other governmental charges related to your purchase. WSE is not be responsible for any taxes, including sales, use, and tangible property, except for taxes on WSE’s income. We reserve the right to ship partial orders, and the portion of any order that is partially shipped may be charged separately at the time of shipment.
Your completion of an online order or receipt of confirmation thereof does not signify WSE’s acceptance of your order, nor does it constitute confirmation of WSE’s offer to sell. WSE reserves the right at any time after receipt of your order to accept or decline your order for any reason and without any prior notice. If we reject your order, we will notify you promptly and provide a full refund.
We reserve the right, at any time, to change our prices for Products sold on this Site, effective immediately upon posting on the Site. All prices are Ex Works WSE, with shipping charged separately. Title and risk of loss will pass to you at the Ex Works point.
- Prohibited Content.
You understand and agree that all information, data, and other material provided on our Site (“Content”) is the responsibility of the person or entity providing such Content. In the event that WSE permits you to upload, post, email or otherwise transmit information for display on the Site, you will be responsible for all Content that you upload, post, email or otherwise transmit. Likewise, you are responsible to respect third party rights with respect to all Content that appears on the Site and not to download, email or otherwise transmit such content in violation of such third party’s rights.
You agree not to post to the Site any Content that, as reasonably determined by WSE, is or appears to be the following: (1) untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable; (2) infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement; (3) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information; (4) unsolicited, undisclosed or unauthorized advertising; (5) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (6) data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or (7) in violation of any applicable local, state, national or international law.
- Disclaimer of Content.
You understand and acknowledge that WSE assumes no responsibility to screen or review Content on the Site that is originated by parties other than WSE, and that WSE shall have the right, but not the obligation, in its sole discretion to monitor, refuse and remove any Content that is available on the Site. WSE expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of Content review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT.
- Ownership of Content.
You understand and agree that your use of the Site entitles WSE to use, monitor and preserve copies of all information and Content and to disclose such if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of these Terms, assistance in responding to claims that Content violates the rights of third parties, protection of the personal safety of any person, or protection of the property rights of WSE or any other person or entity.
- Conduct on the Site.
You must not do, or attempt to do, any of the following, as reasonably determined by WSE, subject to applicable law: (1) access or use the Site in any way that is not in compliance with any applicable local, state, national or international law, contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms; (2) access, tamper with, or use services or areas of the Site that you are not authorized to access; (3) alter information on or obtained from the Site; (4) tamper with postings, registration information, submissions or Content belonging to WSE or other users of the Site; (5) use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (6) frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by WSE; (7) impersonate or misrepresent your affiliation with any person or entity; (8) reverse engineer any licensed software, application, or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code on the Site; (9) send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Site or any recipient; or (10) take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
- No Resale.
You agree to use the Site, the Subscription Services and any Products sold thereon solely for your own personal purposes and not to use or exploit any portion of the Site, Subscription Services or the Products for commercial purposes, without the prior written consent of WSE.
- Submission of Feedback.
When you submit ideas, suggestions, documents, or proposals (collectively, “Feedback”) to WSE through our “Contact Us” web page or otherwise, you represent, warrant and agree that: (a) your Feedback does not include confidential or proprietary information; (b) if we so choose, WSE may use and disclose your Feedback in any way; and (c) WSE has no obligation to pay or reimburse you for your Feedback or our use of your Feedback.
Our Site may contain links to third party websites. The linked websites are not part of Site and are not under our control. Consequently, we are not responsible for the accuracy, legality, decency, availability or content of any linked website or any link contained in a linked website, or any changes or updates to such websites. We provide the links to you only as a convenience, and we do not endorse the linked website or its use or contents. You use the links at your own risk. You hereby irrevocably waive any claim against us with respect to such websites.
You agree to indemnify and hold WSE and its affiliates, and their officers, directors, members, predecessors, successors in interest, employees, agents, subsidiaries and affiliates (“Indemnified Persons”), harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees and expenses), made against WSE by any third party due to or arising out of or in connection with your Content, or your use of the Site or the Products and Subscription Services sold thereon, in violation of these Terms.
- Trademark Information.
Bounce™ is a trademark of WSE. Other product names, trademarks, service marks and other images on the Site are the property of WSE or used with permission by WSE and its agents. You agree not to use or display any trademarks from the Site without the prior written consent of WSE or the owner of such mark.
- Copyright Information.
The Content is owned by WSE and/or third parties and is protected under United States copyright laws, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content, including but not limited to graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of WSE. Modifications of Content or use of Content for any other purpose is a violation of the rights of WSE or third parties. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of WSE or third parties.
- Limitations of Liability.
WSE WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER TO YOU IN CONNECTION WITH YOUR USE OF OUR WEBSITE, PRODUCTS OR ANY SUBSCRIPTION SERVICES PURCHASED HEREUNDER, AND OUR AGGREGATE LIABILITY, WHETHER ARISING THROUGH CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, UNDER NO CIRCUMSTANCES WILL EXCEED THE ANY AMOUNTS PAID BY YOU TO US.
- Jurisdiction and Venue.
You agree that this Agreement and the relationship between you and WSE will be governed by the laws of the State of New York, without regard to the conflict of laws principles thereof, and that venue with respect to any dispute between you and WSE will rest exclusively in the federal or state courts of Onondaga County, New York. You agree that the United Nations Convention on the International Sale of Goods will not apply to these Terms.
WSE may provide notice to you by email, regular mail, certified mail or return receipt requested to the address you provide to WSE.
- Electronic Communications.
When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Termination of Privileges.
You acknowledge and agree that WSE may terminate your access privileges and remove and discard any Content without notice to you for any reason, including without limitation, if: (i) WSE believes that you have violated any of these Terms, and/or (ii) you have otherwise acted or failed to act in any manner that WSE deems objectionable. You agree that any termination of your access to the Site shall not result in any liability or other obligation of WSE to you or any third party in connection with such termination.
- International Orders.
When ordering from WSE, you are responsible for assuring the product can be lawfully imported to the destination country. You are the importer of record and must comply with all laws and regulations of the destination country. Orders shipped outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient’s country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates. We reserve the right to cancel any order for any reason, including without limitation customs duties or other impediments.
These Terms constitute the entire agreement between you and WSE and govern your use of the Site. If purchasing Subscription Services, additional terms and conditions will apply. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the Site. If any provision of these Terms 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 these Terms, which shall remain in full force and effect. The failure of WSE to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website or these Terms must be filed within one year after such claim or cause of action arose.