Terms & Conditions

The Anamatix service and the functions, facilities, and services related thereto, including without limitation any special programs, regimes, assessments, tests or exercises in which you enroll or participate (the "Service") is operated and maintained by Anamatix, Inc., a corporation, its subsidiaries and affiliates (collectively "Anamatix", at the URL: http://www.Anamatix.com , or any websites offered by Anamatix, including the current one you are subscribed to. The Service is for use solely by individuals or entities who are authorized by Anamatix to use it. You must be at least 18 years of age to use the Service. This Agreement sets forth the terms and conditions of your use of the Service and your responsibilities as a user of the Service. By using the Service, you represent to Anamatix that you are at least 18 years of age and you agree to use the Service in strict accordance with, and to be bound by, all of the terms and conditions contained in this Agreement. If you do not wish to be bound by this Agreement, or are under 18 years of age, do not use the Service. This Agreement is between you and Anamatix. Anamatix may be reached through the following email address: info@Anamatix.com. Use of the Service signifies your agreement to all of the terms and conditions set forth in this Agreement and modifications thereto. Paragraphs 3 and 4 of this Agreement apply only to users of the Service who have completed the registration application and have been accepted by Anamatix as registered users of the Service ("Members").

1.Information on the Service.

The Service, and all information and services thereon (including without limitation advice and recommendations) is intended solely as general educational aids and does not constitute either medical or health care advice for any individual problem or a substitute for medical or other professional advice and services from a qualified health care provider familiar with your unique physical or mental circumstances. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition and prior to starting any new or modified regimen. You understand and agree that nothing contained on the Service is intended to be used for medical diagnosis or treatment, and neither Anamatix nor its suppliers, Members or other users are engaged in rendering legal, medical, counseling or other professional services or advice. Your use of the Service is further subject to all additional disclaimers and caveats that may appear throughout the Service. Anamatix and its suppliers assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material on the Service. While Anamatix strives to keep the information on the Service current and accurate, Anamatix and its suppliers cannot guarantee, and shall not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information .

2.Grant of Rights

This Agreement grants you a non-exclusive, non-transferable license to use the Service in strict accordance with the provisions of this Agreement.

3.User Name and Password

Members will select their own identification code ("User Name") and password ("Password") at the time of registration to become a Member. The User Name and Password will be required to access Member Areas of the Service. Members may logon to the Service only using their User Name and Password, and to protect the privacy of their own information they should not allow any other person to logon to the Service using their User Name or Password. Members should not disclose their Password to any other person and should exercise care to protect its confidentiality.
Members are solely responsible for maintaining the confidentiality of their Password, and for all use, whether authorized or unauthorized, of the Service under their User Name and Password.
Members should promptly inform Anamatix if they suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of their User Name and Password. Until Anamatix is properly notified of a breach of security by email notice at info@Anamatix.com, Members will remain responsible for any unauthorized use of the Service occurring under their User Name and Password.
MEMBERS SHOULD REMEMBER THEIR USER NAME AND PASSWORD! If a Member forgets either of them, Anamatix may disclose them to the Member under security procedures determined by Anamatix, which may result in delays in the Member’s ability to logon to the Service.

4.Consent to Use of Information

By accepting this Agreement, you give your consent (subject to the restrictions below) for the collection, use and disclosure by Anamatix of all information provided by you to Anamatix in connection with your registration in or use of the Service, and all information obtained by Anamatix about you as a result of your use of the Service (collectively the "Information").
This consent is limited to the uses and disclosures of the Information by Anamatix described in the Anamatix© Privacy Policy Statement.
The Information may be maintained by Anamatix on computers in the United States, Canada and the United Kingdom, and you agree to the transfer of the Information among such computers. You have the right to have any inaccuracies in the Information corrected by Anamatix upon your written request.
Read the Anamatix© Privacy Policy Statement. for additional information regarding the privacy of your personal information.

5.Proprietary Materials

The Service contains copyrighted material, trademarks, and other proprietary information of Anamatix and others (collectively "Proprietary Material"), including, but not limited to, text, organization and layout, software, photos, graphics, and images. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material.
The Service in its entirety is: Copyright 2000-2008, Anamatix, Inc. All Rights Reserved.
Except as otherwise expressly permitted by this Agreement, or as permitted under copyright law, no copying, downloading, uploading, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or other modification or commercial exploitation of any Proprietary Material is permitted without the express permission of the copyright owner. In the event of any copying, redistribution, or publication of copyrighted material as permitted by law, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. You may print or download printable pages of the Service for your personal use only provided that such printing or downloading is of entire pages and includes all copyright or other proprietary notices included on the original page.
The Anamatix service mark and other Anamatix marks and logos are service marks and trademarks of Anamatix, and this Agreement does not grant you the right to use the Anamatix® service mark or any other Anamatix service mark, trademark or logo for any purpose whatsoever. Other trademarks, service marks, and logos used in the Service are the trademarks, service marks, or logos of their respective owners.

6.Indemnification

You agree to indemnify, defend, and hold harmless Anamatix and its directors, employees, licensors, independent contractors and content providers (collectively, the "Indemnitees"), from and against any and all liability, costs (including attorneys fees and costs), damages, losses and causes of action incurred by the Indemnitees in connection with any claim, cause of action or litigation ("Claims") arising out of any breach by you of any provision of this Agreement, including without limitation any Claims arising out of the violation of any of the terms and conditions of paragraph 4 above.
You agree to cooperate as fully as reasonably required in the defense of any such Claims. Anamatix reserves the right, at its own expense, to assume the exclusive defense and control of any Claim subject to indemnification by you and you shall not in any event settle any Claim without the written consent of Anamatix.

7.Waiver

a.USER further releases and holds harmless Anamatix from any and all liability for injury to person or property caused in any manner, including the negligence of Anamatix, by use of the SOFTWARE.
USER acknowledges that the activities depicted by the SOFTWARE are designed to assess, evaluate and exercise elements of the body. USER recognizes that USER should consult with USER's physician with respect to any past or present injury or medical condition, physical concern, family history, illness, skeletal, joint, muscular problem or any other condition or medication that may affect USER's participation and ability to perform the activities depicted by the SOFTWARE.
USER acknowledges that USER has discussed with USER's physician the appropriateness of use of the SOFTWARE in connection with any illness or condition that USER now has or has previously had and that USER knowingly agrees to the terms of this waiver and release from liability and negligence. Should you have any questions concerning this License Agreement and Waiver, or if you desire to contact Anamatix for any reason, please contact us at www.Anamatix.com.

LIMITED WARRANTY

THE SERVICE (INCLUDING WITHOUT LIMITATION ALL EQUIPMENT, SOFTWARE, INFORMATION AND MATERIALS PROVIDED BY ANAMATIX, SUPPLIERS TO ANAMATIX AND OTHER MEMBERS AND USERS OF THE SERVICE) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, OR CONTENT, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE SERVICE RESTS WITH YOU.

Anamatix does not warrant that the functions of the Service will meet your requirements or that the operation of the Service will be uninterrupted or error free.

(c ) Anamatix shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering information contained in the Service.

Anamatix has no control over the content of the World Wide Web sites that may be linked to the Service through hypertext links ("Linked Sites"), and is not responsible for their content. The Linked Sites are provided for your convenience only and you access them at your own risk.

LIMITATIONS ON LIABILITY AND REMEDIES

IN NO EVENT SHALL ANAMATIX OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS, INJURY, OR DAMAGES WHATSOEVER ARISING FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGES. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER LEGAL THEORY OR CAUSE OF ACTION. WITH RESPECT TO GOODS OR SERVICES PURCHASED THROUGH THE SERVICE, ANAMATIX'S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT ANAMATIX'S ELECTION, TO THE REPAYMENT OR CREDITING OF BUYER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS.

In no event shall Anamatix be liable for any indirect, special, incidental, punitive, or consequential damages, including lost profits, arising out of the use or performance of the Service, even if Anamatix has been advised of the possibility of such damages.

In the event that any of the limitations on liability or remedies contained herein shall be adjudged invalid by a court of competent jurisdiction, in no event shall Anamatix's damages under any legal theory exceed the sum of $100.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH IN THIS PARAGRAPH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SERVICE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATE STATUTES MIGHT APPLY REGARDING LIMITATION OF LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CERTAIN LIMITATIONS OF LIABILITY. THEREFORE SOME OF THE EXCLUSIONS OR LIMITATIONS DESCRIBED ABOVE MAY NOT APPLY TO A GIVEN MEMBER. IN SUCH JURISDICTIONS, THE LIABILITY OF ANAMATIX SHALL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.

Termination

Anamatix may terminate the license of any user to access the Service at any time, with or without cause, in Anamatix's absolute discretion and without notice.

Modifications of Service or Terms

Anamatix may at any time, without notice or liability, change or eliminate any content or feature of the Service, or restrict the use of any portion of the Service, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Your only right with respect to any dissatisfaction with any service-related change or elimination is to terminate your continued use of the Service.

Anamatix has the right to modify this Agreement in any manner and at any time, without notice or liability. Any such modifications shall be effective immediately upon posting of the modified Terms on the Service. Accordingly, you agree to review the Terms periodically and your continued access or use of the Service shall be deemed your acceptance of the modified Terms. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Anamatix in providing the Service, including, without limitation, any changes in the content of the Service, is to terminate your continued use of the Service.

General

Failure by Anamatix to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right.

Anamatix may contract with fitness facilities, employers or health care organizations to which Members belong ("Facilities") that participate in Anamatix® Services ("Network") regarding availability or use of personal information about Members held by the Facilities, and such Facilities or their personnel may use such information, the Service or the Network in recommending specific programs, protocols or exercises for Members. Anamatix and such Facilities are independent contractors and are not agents for each other, and Members agree that Anamatix is not responsible for any advice or recommendations made by such Facilities or their personnel even if they use or reference information collected or available through the Service or the Network, even if Anamatix was negligent in collecting or providing such information, the Service or the Network.

This Agreement, and all other aspects of your use of the Service, whether performed or entered into inside or outside the United States, and all other aspects of your use of the Service, shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws rules. All claims and disputes arising out of this Agreement or your use of the Service shall be submitted to and resolved by binding arbitration, pursuant to the Rules and Regulations, and under the auspices of the American Arbitration Association. Any arbitration proceeding shall take place in the County of Fairfield, Connecticut U.S.A. No demand for arbitration or action of any kind or nature arising out of this Agreement or out of your use of the Service shall be brought by either Anamatix or you more than one year after the date on which the cause of action first arises. SOME JURISDICTIONS DO NOT ALLOW FOR SUCH LIMITATION PERIODS IN RESPECT OF DEMANDS FOR ARBITRATION OR ACTION. THEREFORE THE LIMITATION SPECIFIED ABOVE MAY NOT APPLY TO A GIVEN MEMBER. IN SUCH JURISDICTIONS THE LIMITATION PERIOD SHALL BE LIMITED TO THE MINIMUM REQUIRED BY LAW. Judgment upon the award rendered by the arbitrator may be entered in, and enforced by, a federal or state court of competent jurisdiction sitting in the County of Santa Clara, California, and you hereby submit to the exclusive jurisdiction of and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any arbitration proceeding or action to enforce the arbitrator's award, the prevailing party will be entitled to costs and attorneys’ fees.

You may contact Anamatix at either of the following contact points with any inquiry or complaint or to exercise any of the rights and options set forth in this Agreement.

Postal Address:
Anamatix, Inc.
6472 Camden Ave, Suite 205
San Jose, CA 95120
Email Address info@Anamatix.com
This Agreement constitutes the entire agreement between you and Anamatix with respect to the Service and supersedes all prior agreements or understandings between you and Anamatix with respect thereto.

If any provision of the Agreement is found to be invalid, illegal or unenforceable in any respect, in whole or in part, the validity of the remaining terms and provisions, and of the remaining part of any term or provision held to be partially invalid, illegal or unenforceable, shall continue in full force and effect without the operation of such term, provision or part thereof.