Dominique Fitness LLC is a provider of online and mobile content in the health & wellness space. We are not a health care or medical device provider, nor should our App be considered medical advice. Only your physician or other health care provider can offer that. While there is third party evidence from research that Exercise, Diet, Lifestyle and Mindset practices can help alleviate menopause-related symptoms, stress and anxiety, Dominique Fitness LLC makes no claims, representations or guarantees that the App provides a health-related or therapeutic benefit. Periwink App should not be used as a medical device or in place of professional medical advice, as a substitute for proper and personalized professional medical advice or be used to make decisions about your health. We also cannot answer any medical queries either through the app or via email or any other means.

Any advice or other materials in the App or Site are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your care or healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Apps or Site.

End User Agreement

Subject to the terms of this license agreement, Dominique Fitness LLC grants you a limited, non-exclusive, revocable license to stream, download and make personal non commercial use of the App.

The App contains or embody copyrighted material, proprietary material or other intellectual property of Dominique Fitness LLC or its licensors. All right, title and ownership in the Apps remain with Dominique Fitness LLC or its licensors, as applicable. The rights to download and use the App are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.

You agree that you will not assist or permit any third party to:

• Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the App in any way, or create derivative works of the App;
• Use the App or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
• Rent, lease, loan, make available to the public, sell or distribute the App in whole or in part;
• Tamper with the App or circumvent any technology used by Dominique Fitness LLC or its licensors to protect any content accessible through the App;
• Circumvent any territorial restrictions applied to the App; or
• Use the App in a way that violates this License Agreement or the other Terms.

You may not make the Apps available to the public. The App made available (in whole or in part) is owned by Dominique Fitness LLC and your use of them must be in accordance with these Terms.

Intellectual Property – Copyright, Trademark and Disclaimer Notices The contents of the Site and App, such as text, design, graphics, logos, trade dress, audio clips, video, games, photographs, software, experiences, interfaces or code (the “Content”) and the selection and arrangements of the Content is the property of Dominique Fitness LLC, and is protected by state, federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinaft r developed. All trademarks, service marks and trade names are trademarks or registered trademarks of and are proprietary to Dominique Fitness LLC. Such trademarks and content may not be used except as provided in these Terms or in the text of the Site. You may print and download the Content solely for your personal, non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Dominique Fitness LLC. You may not reproduce, reverse engineer, decompile, modify, transmit, sell, distribute, license or create derivative works of the Content. Any unauthorized use of the Content is strictly prohibited and may violate copyright law, trademark law, the laws of privacy and publicity, and communication regulations and statutes.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Dominique Fitness LLC or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Dominique Fitness LLC copyright. The “Periwink” name and signature, the “Periwink” name and logo and “Make Menopause the Best Period of your Life” are registered trademarks of Dominique Fitness LLC and used under license by Dominique Fitness LLC.

Future Functionality

You agree that your purchase of the Licensed Application is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Dominique Fitness LLC regarding future functionality or features

Unsolicited Submission of Ideas

Neither Dominique Fitness LLC nor any of its employees accepts, invites or considers under any circumstances unsolicited submissions of ideas, creative suggestions or proposals, including ideas for new advertising campaigns, new promotions, new or improved products or
technologies, packaging or other materials related to our products, product enhancements, processes, materials, marketing plans, research related to our business, business operations or new product names. This policy is intended to avoid disputes in the event that Dominique Fitness LLC products or marketing strategies seem similar to ideas submitted to Dominique Fitness LLC or its employees.

The following terms shall apply to any unsolicited submission regardless of any statement included in accompanying material: Except as governed by our Privacy Policy, all ideas included in any unsolicited submission will automatically be treated as non-confidential and non-proprietary and will become the sole property of Dominique Fitness LLC without any compensation whatsoever. Dominique Fitness LLC and its affiliates will have no obligations with respect to such submissions and will destroy such submissions upon receipt. Nothing restricts Dominique Fitness LLC from independently developing any idea, however similar to any submission. Anyone who submits an unsolicited idea, suggestion or proposal to Dominique Fitness LLC thereby waives any right, title and interest in the content of such submission and agrees not to assert any claim of ownership in that content against Dominique Fitness LLC.

No Warranties

Please understand that you assume total responsibility and risk when you use our Site, App, and the Internet. The Site and App are provided on an “as is” and “as available” basis. Dominique Fitness LLC does not make any express or implied warranties, representations or
endorsements whatsoever (including but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, the Site Content, any services provided through the Site or on the Internet. We expressly disclaim any and all implied warranties. Some states may not permit the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability

In no event shall we be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on our Site or App, even if we or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

External Links

We have not reviewed all of the sites linked to in the App or on the Site and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of the site by Dominique Fitness LLC. Use of any such linked website is at the user’s own risk.

Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Dominique Fitness LLC. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Dominique Fitness LLC will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at info@periwink.me. If you purchase Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty
disclaimers, limitations of liability, and dispute resolution provisions.

Indemnification

You agree to indemnify and hold harmless Dominique Fitness LLC from any and all liabilities, penalties, claims, causes of action and demands brought by third parties (including the costs, expenses and attorney’s fees on account thereof resulting from your use of the Site) whether based in contract or tort (including strict liability) and regardless of the form of action.

Entire Agreement, Updates and Modifications

These Terms and any referenced documents constitute the entire agreement between Dominique Fitness LLC and you pertaining to your use of the Site. Dominique Fitness LLC may amend these Terms or any other referenced documents at any time by posting the amended documents on the Site. Any amended or modified terms will be effective upon posting. Continued use of our Site or App means that you have accepted any modified Terms and conditions. If you have any questions about these Terms, contact us at info@periwink.me.