Terms of Use

Conditions

By visiting this website you agree to the following terms and conditions. Thoroughly read the following page before continuing to view any part of the wilderly.fit website operated by Wilderly, owned by Johnathan Remmy, and established in Kerrville, Texas, United States. This Terms of Use contains crucial information regarding the scope of our liability. Your access to and use of this website are subject to your acceptance of and compliance with this Terms of Use. If you disagree with any part of the Terms of Use, then you do not have our permission to access or use this website. You acknowledge that in using this website, you will always do so in a manner that complies with all applicable laws, statutes, ordinances, and what is written herein. You commit to refraining from engaging in any of the following forbidden and prohibited behaviors and misuses including, but not limited to:

Impersonating or attempting to impersonate Wilderly or its employees, representatives, subsidiaries or divisions; misrepresenting your identity or affiliation with any person or entity; sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material; engaging in any conduct that restricts or inhibits any person’s use or enjoyment of this website, or which, as determined in our sole discretion, may harm or expose us or the users of this website to liability; using this website in any manner that could disable, overburden, damage or impair this website or interfere with another party’s use of this website; using any robot, spider or other similar automatic and/or manual technology, process or means to access or use this website for any unauthorized purpose, including monitoring or copying any of the material on this website; using any device, software, means or routine that interferes with the proper working of this website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials; attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of this website, the server(s) on which this website is(are) stored, or any server, computer or database connected to this website; attempting to attack or attacking this website via a denial-of-service attack or a distributed denial-of-service attack; otherwise attempting to interfere with the proper working of this website; using this website in any way that violates any applicable federal, state or local laws, rules or regulations; commit or encourage a criminal offense; distribute or transmit any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of this website; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; attempt to affect the performance or functionality of any computer facilities of or accessed through this website.

Breaching this provision would constitute a criminal offense and wilderly.fit will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed/denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

No Warranty on Wilderly.fit

This website is provided “as is,” no warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this website, whether arising by law, course of dealing and/or performance, usage of trade or otherwise.

Availability, Errors and Inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this website. We may experience delays in updating information on this website and in our advertising on other websites. The information, products and services found on this website may contain errors or inaccuracies or may not be complete or current. We expressly reserve the right to correct any pricing errors on this website. The inclusion or offering of any product or service on this website does not constitute an endorsement or recommendation of such product or service by us.

Damages and Limitation of Liability

In no event shall Wilderly be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, related to or connected in any way with your use of, or inability to use, this website, including but not limited to your reliance on, opinions or information appearing on this website; any computer viruses, information, software or linked websites operated by third parties, items or services purchased through this website, regardless of whether the claim is based on negligence, breach of contract, tort, strict liability, violation of consumer protection laws  or any other legal theory, even if Wilderly has been informed of the possibility of such damages.

Links to Third Party Websites

Links to other websites that are not run by us but by third parties may be found on this website. We merely offer these hyperlinks for your reference. Such websites are not within our control, and we are not liable for their content, privacy policies or other operating procedures. In addition, it is your obligation to take care to make sure that any links you click on or software you download, whether from this website or other websites or applications, is free of flaws and other potentially dangerous malware, such as viruses, worms, and trojan horses. Our provision of links to these websites does not imply any approval or affiliation with the content or owners of such websites.

Intellectual Property and DMCA Notice and Procedure for Intellectual Property Infringement Claims

We respect the intellectual property rights of others. It is our policy to respond to any claim that any content posted on this website infringes on the copyright, trademark or other intellectual property rights of any person or entity. If you believe in good faith that any content on this website infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement. Your notice to us must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest; a description of the work that you claim has been infringed, including the URL of the location where the work exists or a copy of the work; your name, email, address and telephone number; and a statement by you that you have in good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law. Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by any content on this website.

Governing Law, Severability, Dispute Resolution and Venue

Without regard to its provisions on conflict of laws, the laws in wherever such are governed shall be construed in conformity with this Terms of Use. The Uniform Commercial Code, Incoterms, and the United Nations Convention on Contracts for the Sale of International Goods shall not apply to this Terms of Use. No right or provision of this Terms of Use will be deemed to have been waived by us by reason only of our failure to enforce it. The remaining parts of this Terms of Use shall still apply if a court rules that any term is void or unenforceable. Any past agreements we may have had with you regarding this website are superseded and replaced by this Terms of Use, which serve as the entire agreement between you and us respecting this website. Any dispute or claim arising out of or connected with this Terms of Use, including but not limited to the interpretation or violation thereof, shall be settled in a court of competent jurisdiction in wherever such laws are governed. You and Wilderly agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

Changes to Terms of Use

We reserve the right to make changes to this Terms of Use at any time. We will notify you immediately of making any such changes via this webpage through an update to its versions.

In General

Wilderly (“wilderly.fit”) owns and operates this website. This document governs your relationship with wilderly.fit. Access to and use of this website and the products and services available through this website are subject to the following terms, conditions and notices. By using Wilderly’s services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use. Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend Wilderly’s services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this website. This website may contain links to other websites, which are not operated by wilderly.fit, of which has no control over links and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of links will be subject to this Terms of Use and service contained within each such site.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this website remains the property of wilderly.fit or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by wilderly.fit and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise without explicit permission from us.

Disclaimer of Liability

The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law wilderly.fit and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or links and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect wilderly.fit’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

Disclaimer as to Ownership of Trademarks, Images of Personalities and Third Party Copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this website are in no way associated, linked or affiliated with wilderly.fit and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to wilderly.fit.

Indemnity

You agree to indemnify, defend and hold harmless wilderly.fit, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of the Terms of Use.

Variation

Wilderly.fit shall have the right in its absolute discretion at any time and without notice to amend, remove or vary its services and/or any page of this website.

Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses shall remain in full force and effect. So far as possible where any sub/clause or part of a sub/clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the sub/clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Disclaimer  

Wilderly and all of their members, officers, employees, agents, and representatives are not licensed dietitians, are not offering dietetics advice, and are not offering advice intended as dietary means of improving health or providing medical advice.