PLEASE READ THE FOLLOWING TERMS AND POLICIES CAREFULLY. WHEN YOU USE OUR WEBSITES YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

 

URCUYO VENTURES, LLC TERMS AND CONDITIONS OF USE

 

These Terms and Conditions of Use (these “Terms”) contain the terms under which a user (the “User”) agreeing to these Terms and desiring to participate in activities and/or programs organized by Urcuyo Ventures, LLC (Organizer) may use Organizer’s various websites, including but not limited to http://www.juliefoucher.com, http://trainwithjuliefoucher.com, http://www.trainretreat.comand http://pursuing-health.com (each a “Website” and collectively the “Websites”). Certain capitalized terms used in these Terms shall have the meaning ascribed thereto in Appendix I.

  1. Website Access and Use. Organizer hereby grants to User a limited license to access and make personal use of the Websites solely for the purpose of registering with Organizer and exchanging information related to User’s engagement with and/or participation in programs and events organized by Organizer.  Such license is expressly limited and conditioned by the provisions set forth in these Terms, and by Website-specific access limitations established for certain of the Websites.  User hereby agrees not to download (other than page caching) or modify any Website or any part thereof (except to the extent necessary to execute such registration documents as may be required by Organizer for participants in activities coordinated through such Website).  Organizer may revoke User’s right to use any Website at any time for any or no reason.
  2. User Qualifications. User understands and acknowledges that Organizer’s programs are designed for individuals who are in good health and physical condition.  User represents to Organizer that User meets these conditions, and either (i) is no less than 18 years old on the date that User registers on a Website, or (ii) has received the informed consent of User’s parent or other legal guardian to access the Websites and, if applicable, participate in the Programs (as defined below).
  3. Not Medical Advice. User understands and agrees that (i) the athletic and nutritional programs (the “Programs”) offered through the Websites (or any Website) are not medical advice, (ii) neither Organizer nor any of its owners (including Drs. Daniel Urcuyo (“Dani”) and Julie Foucher-Urcuyo (“Dr. Julie” and, together with Dr. Dani the “Drs. Urcuyo”), employees, agents or affiliates will offer medical advice of any kind through any of the Websites or otherwise, except as expressly indicated below, (iii) engaging in the Programs while having certain physical or medical limitations could be dangerous, and (iv) User should not engage in any of the Programs without first securing the advice of User’s personal physician and nutritionist.  Should User desire to become a patient of the creators of the Programs, they may do so only through the website of Dr. Dani’s medical practice, which may be found at the following URL: http://www.steadymd.com.
  4. Third Party Use. User shall not permit any Third Party to use any Website using User’s login and password information.
  5. Privacy Policy. Organizer’s privacy policy, which is located at the following URL http://juliefoucher.com/privacy-policy/ (as amended from time to time, the “Privacy Policy”), explains how Organizer will use the User’s personal information and protects User’s privacy when User uses the Website. User agrees to the use of User’s personal information and data in accordance with the Privacy Policy.  User represents that User has read and understood the Privacy Policy.  Note that Organizer may disclose information about User to Third Parties (without User’s permission) if Organizer has a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply the Terms and/or Privacy Policy; (iii) comply with legal process or other governmental inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on Organizer or one of its affiliates, officers, employees, members or contractors; or (iv) protect Organizer’s rights, reputation, and property, or that of our users, affiliates, contractors or the public.
  6. Illegal or Abusive Usage is Strictly Prohibited.User hereby agrees that User will be solely responsible for its User Content, and understands that it may not be possible to withdraw any such User Content once published.  User assumes all risks associated with its User Content, including anyone’s reliance on its accuracy and User’s right to publish it. User will not post or otherwise make available through the Website any User Content that it neither owns nor has the necessary permissions to use and authorize the use of as described herein.  User may not in any case imply that any of its User Content is in any way sponsored or endorsed by Organizer.  User may not submit or upload Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, lewd, offensive, indecent, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity (such Content “Offensive Content”), whether or not such material is protected by law. User agrees not to use its access to the Website to publish or disseminate, or allow any other person to publish, republish or disseminate, any Offensive Content, nor use profanity in any posting to or made through the Website.  Organizer reserves the right to remove, screen, edit or reinstate User Content from time to time in Organizer’s sole discretion and without notice to User. Organizer has no obligation to retain or provide User with copies of User’s User Content, nor does Organizer guarantee any confidentiality with respect to User Content posted to the Website by User.
  7. Organizer Use of Posted Material and Images. User acknowledges that any User Content posted in a public forum or otherwise made available to members of any of the Websites or the public on any of Organizer’s Social Media Accounts (which currently include Facebook, Instagram, and Twitter, among others) may be reposted or displayed by Organizer on any of Organizer’s Websites or Social Media Accounts, and in promotional material.  User acknowledges and agrees that any images or other User Content may be used by Organizer freely and without compensation to User.  Notwithstanding the preceding, Organizer will not use any User Content as a testimonial or endorsement without first securing User’s consent.
  8. Proprietary Rights. User acknowledges that Organizer is and shall remain the sole and exclusive owner of the domain names “juliefoucher.com”, “trainwithjuliefoucher.com”, “trainretreat.com” and “pursuing-health.com”, the stylized “jf” design mark and other identified trademarks used on the Website, and all proprietary and Intellectual Property in all of the preceding.  User also acknowledges that Organizer claims copyright in all material it produces and displays on any Website, including but not limited to exercise and training programs.  All rights in such material are reserved.
  9. User shall indemnify and hold harmless Organizer and its affiliates and independent contractors from and against any liabilities, costs, fees, and damages arising out of or relating to User’s unauthorized use of the Website, dissemination through the Website of any Offensive Content, or other action in violation of these Terms, including, without limitation, any claim or suit by a Third Party alleging that User’s User Content infringes any proprietary right of any Third Party, or has otherwise caused damage to such Third Party.
  10. Miscellaneous
    1. Governing Law; Venue. These Terms shall be governed by and interpreted in accordance with the laws of the State of Ohio, without regard to its conflicts of laws principles. Any legal proceedings relating to the subject matter of these Terms will be maintained in the federal or state court located in Cuyahoga County, Ohio, and the parties consent and agree that such jurisdiction and venue for such proceedings lies exclusively with such federal and state courts.
    2. Notices. Any notice or other communication in connection with this Agreement (including invoices) must be in writing and if by mail, by certified mail, return receipt requested, and shall be effective when delivered to the addressee at the address listed below or such other address as the addressee shall have specified in a notice actually received by the addressor.

 If to Company, then to

  • Urcuyo Ventures, LLC, P.O. Box 602260, Cleveland, Ohio 44102 Attn: Julie Foucher-Urcuyo
  • With a copy to: Law Office of Jeffrey P. Jones, LLC PO Box 1122 Hudson, Ohio 44236 Attn: Jeffrey P. Jones, Esq.

If to User, then to the address provided to Organizer by User upon such User’s registration.

 

APPENDIX I

DEFINITIONS

As used in this Agreement, the following terms, whether used in the singular or plural, shall have the following meanings:

Content” means text, images, photos, audio, video, location data, coupons, discount and other promotional and pricing information and all other forms of data or communication.

Intellectual Property” means all tangible and intangible (i) works of authorship, copyrights, moral rights, and mask works; (ii) trademarks and service marks (whether common or registered), trade names, inventions (patentable or unpatentable and whether reduced to practice or not), logos, slogans and domain names; (iii) trade secrets, know-how, and other confidential information; (iv) patents, designs, and algorithms; (v) other proprietary property commonly known throughout the world as intellectual property; and (vi) all registrations, applications, renewals, revisions, extensions, continuations, continuations-in-part, divisions, or reissues of any of the foregoing, now or in the future existing.

Offensive Content” shall have the meaning ascribed thereto in Section 5 of these Terms.

Privacy Policy” shall have the meaning ascribed thereto in Section 4 of these Terms.

Social Media Accounts” means accounts allowing the user to participate in the exchange of media and/or communication across a proprietary platform operated by a third party, and includes accounts on Facebook, Instagram and Twitter, among others.

Terms” shall have the meaning ascribed thereto in the introductory paragraph to this Agreement.  “Terms” shall refer to this agreement with such changes as may be in effect from time to time.

Third Party” means any person other than Organizer and User.

Url” means uniform resource locator.

User Content” means Content that User submits or transmits to, through, or in connection with the Websites or Social Media Accounts, such as logos, trademarks, reviews, comments, suggestions, messages, images, video, and any other information or media that you publicly display on or through the Website, or provide to Organizer or a Website for editing, screening and/or posting.  Content submitted by User to the Organizer (directly or through a Website) will remain User Content even if edited by Organizer prior to its publication.

Websites” shall have the meaning ascribed thereto in the introductory paragraph to this Agreement.