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Terms & Conditions

Welcome to the website of Addaero.com a Cervit, LLC Service.

Addaero Terms and Conditions Of Use

Last update September 23rd, 2015

By using the Addaero web site (“Addaero” & "Service"), a service of Cervit, LLC (“Cervit”) You are agreeing to be bound by the following terms and conditions ("Terms of Service"). 
Cervit reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Disclaimer 
1. Cervit requires that you consult with your physician before following any training instructions you receive through Addaero or participating in any event publicized on the Addaero web site. Cervit is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. Addaero is not a prescription system and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and or death.

2. You should never disregard medical advice or delay in seeking it because of something you have read on the Addaero web site. Cervit is not responsible for any health problems that may result from training programs, products, or events you learn about through Addaero. If you engage in any exercise program you receive through Addaero, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Cervit from any and all claims or causes of action, known or unknown, arising out of Cervit's negligence. You agree to indemnify and hold harmless Cervit and any partners or associates we represent for any loss, liability, claim, damage, and expenses (including reasonable attorneys' fees) arising from or in connection with your use of the information or services you receive through Cervit sites.

3. The information and services available on or through the Addaero website and in e-mail messages sent to Addaero members come from a variety of sources. We do not actively monitor the content of the Addaero web site features, newsletters, e-mail messages, or other material available through Addaero. Therefore, while we strive to bring you only the most helpful and accurate information, we cannot verify, endorse or vouch for the information, services or recommendations available through the Addaero web site. Cervit is not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Addaero web site, or for any health problems that may result from training programs, products, or events you learn about through Addaero. Cervit does not certify content or endorse any information supplied by other companies for our web site.

4. PLEASE NOTE: NOT ALL EXERCISES ARE SUITABLE FOR EVERYONE. BEFORE YOU BEGIN ANY TRAINING INSTRUCTIONS YOU RECEIVE THROUGH ADDAERO OR PARTICIPATING IN ANY EVENT ANNOUNCED ON THE ADDAERO WEBSITE, YOU SHOULD HAVE PERMISSION FROM YOUR PHYSICIAN TO PARTICIPATE IN VIGOROUS EXERCISE. IF YOU FEEL DISCOMFORT OR PAIN, DO NOT CONTINUE. THE INSTRUCTIONS AND ADVICE PRESENTED ARE IN NO WAY INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING.

Account Terms 

  1. You must be 13 years or older to use this Service.
  2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. You are responsible for maintaining the security of your account and password. Cervit cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You understand that all information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Cervit, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via Addaero. Cervit does not control the Content posted via Addaero and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Addaero you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Cervit be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Addaero. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who are sharing your pages).
  6. One person or legal entity may not maintain more than one free account.
  7. Pages being "Public" shared may be promoted and linked by Cervit as example uses of the Service.
  8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  9. You acknowledge, consent and agree that Cervit may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Cervit, its users and the public.
  10. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  11. Technical support is provided via email (we try to respond within 24 hours, often much faster).
  12. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Cervit, or any other Cervit service.
  13. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Cervit.
  14. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  15. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Cervit customer, employee, member, or officer will result in immediate account termination.
  16. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  17. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  18. You must not transmit any worms or viruses or any code of a destructive nature.
  19. If your bandwidth usage exceeds 250 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Cervit) of other Cervit customers, we reserve the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption.
  20. Training data uploaded to the Cervit server shall be owned by the customer, but Cervit shall have access to such data as it pertains to our privacy agreement and terms of use. Cervit holds this data in highest regard and will not use it for malicious, unlawful or any purpose intended to cause harm or damage to the customer. It will not be shared with any 3rd party unless aggregated as a whole, anonymously for general comparison.
  21. Questions about the Terms of Service should be sent to support@addaero.com.

VIOLATION OF ANY OF THESE AGREEMENTS WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT. WHILE CERVIT PROHIBITS SUCH CONDUCT AND CONTENT ON THE SERVICE, YOU UNDERSTAND AND AGREE THAT CERVIT CANNOT BE RESPONSIBLE FOR THE CONTENT POSTED ON THE SERVICE AND YOU MAY BE EXPOSED TO SUCH MATERIALS. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK.

Security 
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. All Cervit systems are maintained with the latest revisions of operating system patches and software, including security updates. Multiple sources of information about Internet security issues are monitored on a daily basis, and systems are carefully monitored to detect any attempts to compromise security. Access to databases is limited to technical staff that is performing maintenance activities, and support staff assisting a user, and in all cases, is strictly limited to the minimum necessary to perform the assigned task. We use the SSL encryption standard to communicate sensitive user information. Technical staff uses secure clients for interactively maintenance sessions to prevent password sniffing. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or you transmit from our online products or services, and you do so at your own risk. Once we receive your transmission, we take all reasonable efforts to ensure its security on our systems. Sometimes user data is not retrievable or is lost or damaged. In these instances, we will try to retrieve or restore the data but we cannot be held responsible and cannot be held liable for data that is lost or damaged, not retrievable, altered or misused. We also cannot be held responsible and cannot be held liable for information that is lost or damaged, not retrievable, altered or misused by third parties.

Third Party Sites and Information

The Site may contain links to websites operated by other entities. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Cervit makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. As a convenience to our members, we may provide information derived from third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any information provided from these sites. You hereby waive any and all claims you might have against Cervit with respect to such sites.

Tradename

Unless you have agreed otherwise in writing with Cervit, LLC, nothing in these Terms of Service gives you the right to use any of Cervit or Addaero  trade names, trademarks, service marks, logos, domain names, trade dress and other distinctive brand features. Unless you have been expressly authorized to do so in writing by Cervit, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.  

Service  

  1. Cervit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Copyright and Content Ownership 

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. 
  2. Cervit does not pre-screen Content, but Cervit and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. 

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF Cervit IS AT YOUR SOLE RISK. CERVIT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Cervit AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION ON THE CERVIT SITES OR OTHERWISE BY CERVIT IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER CERVIT NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN CERVIT, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. CERVIT ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND PLANS ON CERVIT CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON CERVIT.


CERVIT DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CERVIT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CERVIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) TERMINATION OF YOUR ACCOUNT; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE.

THE FAILURE OF CERVIT TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THE TERMS OF SERVICE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. THE TERMS OF SERVICE CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND CERVIT AND GOVERN YOUR USE OF THE SERVICE, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND CERVIT (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THE TERMS OF SERVICE).

QUESTIONS ABOUT THE TERMS OF SERVICE SHOULD BE SENT TO support@addaero.com

Limitation of Liability

CERVIT, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Cervit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE CERVIT SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE CERVIT SITES; (C) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH CERVIT; (D) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY CERVIT; (E) PERSONAL INJURY NOT CAUSED BY CERVIT’S GROSS NEGLIGENCE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CERVIT SITES; OR (H) ANY OTHER MATTER RELATING TO THE CERVIT SITES, OR CERVIT PRODUCTS OR SERVICES. YOU AGREE THAT CERVIT’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY CERVIT FROM YOU.

Indemnification
You agree to defend, indemnify and hold harmless Cervit, its subsidiaries, and each of their affiliates, directors, officers, agents, partners, contractors, licensors, licensees and employees or the author of any training program from any claim, demand, loss, liability or expense (including reasonable attorneys' fees), relating to or arising out of: your use of Cervit’s services; the Cervit Sites; any other websites accessed from or affiliated with the Cervit Sites; any products purchased off of the Cervit Site or websites available from or related to the Cervit Sites; the use by you of any training programs purchased through Cervit; your violation of these Terms of Use; content you submit, post, transmit or otherwise make available through the Cervit Sites; or any other infringement committed by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

Cancellation 
1. All of your Content will remain in our system after cancellation; you may return at a later date and reinstate your account with data attached.
2. If you cancel the Service before the end of your current paid up month, your cancellation will take effect when your chosen term ends. You will not be charged again.
3. Cervit, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Cervit service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Cervit reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. Cervit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change without notice from us. Such notice may be provided at any time by posting the changes to the Addaero website (www.Addaero.com) or the Service itself.
3. Cervit shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Support

Addaero Support for your Account is available and can be accessed the following ways. We will make every effort to respond within 24 hours.

Online Support                        https://addaero.zendesk.com/home

Email                                         support@addaero.com

Submit a support request      https://addaero.zendesk.com/anonymous_requests/new

 

Questions about Terms of use

If you have any questions regarding these Terms of Use, please contact us by email at support@addaero.com by mail at Cervit, LLC, 1165 South Cherokee Street, Denver Colorado 80223.

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