MEMBER TERMS + CONDITIONS
THE TERMS AND CONDITIONS LISTED BELOW GOVERN USE OF THE SITE AND THE ONLINE SERVICES PROVIDED THEREIN (THE “SERVICES”) ALL COLLECTIVELY PROVIDED BY FITDESIGNBYANNIE, AND/OR ITS OWNER, AGENTS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES (THE “COMPANY”). THE TERMS “YOU” ”USER” AND “YOUR” IN UPPERCASE OR LOWERCASE SHALL MEAN THE INDIVIDUAL ENTERING INTO THIS AGREEMENT WITH COMPANY. THE COMPANY RESERVES THE RIGHT TO CHANGE THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT PERIODICALLY TO FAMILIARIZE YOURSELF WITH ANY MODIFICATIONS. YOUR CONTINUED USE OF THIS SITE AFTER SUCH MODIFICATIONS WILL CONSTITUTE ACKNOWLEDGMENT AND AGREEMENT OF THE MODIFIED TERMS AND CONDITIONS.
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("AGREEMENT") CAREFULLY. THE USE OF THIS WEBSITE (THE “SITE”) IS CONDITIONED UPON YOUR ACCEPTANCE OF THIS AGREEMENT WITHOUT MODIFICATION. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS INCORPORATED BY REFERENCE.
use of site
THE SITE COMPRISES AN ONLINE PLATFORM THROUGH WHICH USERS OBTAIN ACCESS TO INFORMATION, RESOURCES, SERVICES, PRODUCTS, AND TOOLS RELATING TO FITNESS AND PHYSICAL EXERCISE PROGRAMS, INCLUDING BUT NOT LIMITED TO FITNESS TRAINING, WEIGHTLIFTING, AEROBIC AND ANAEROBIC EXERCISE (THE “SERVICES”). THE COMPANY AND ITS REPRESENTATIVES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION THAT YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITE. THEREFORE, YOU HEREBY ACCEPT ALL RISKS ASSOCIATED WITH THE SERVICES AND HEREBY RELEASE AND DISCHARGE THE COMPANY AND ITS RESPECTIVES, HEIRS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, ADMINISTRATORS, EXECUTORS, AND ALL OTHERS (“RELEASEES”) FROM ANY AND ALL RESPONSIBILITIES OR LIABILITY FROM INJURIES OR DAMAGES RESULTING FROM OR CONNECTED WITH THE SERVICES OBTAINED THROUGH THIS SITE.
risk of injury
YOU ACKNOWLEDGE AND FULLY UNDERSTAND THAT YOU WILL BE ENGAGING IN PHYSICAL TRAINING ACTIVITIES THAT POTENTIALLY INVOLVE THE RISK OF SERIOUS INJURY OR POSSIBLY PERMANENT DISABILITY AND DEATH, AND SEVERE SOCIAL AND ECONOMIC LOSSES WHICH MIGHT RESULT NOT ONLY FROM THEIR OWN ACTIONS, INACTIONS, OR NEGLIGENCE, BUT THE ACTIONS, INACTIONS, OR NEGLIGENCE OF OTHERS, THE CONDITION OF THE PREMISES OR ANY EQUIPMENT. THEREFORE, YOU HEREBY ASSUME FULL RESPONSIBILITY FOR ALL THE FOREGOING RISKS, KNOWN AND UNKNOWN, AND ACCEPT RESPONSIBILITY FOR THE DAMAGES FOLLOWING ANY INJURY, PERMANENT DISABILITY, OR DEATH. YOU FURTHER HEREBY, AGREE FOR YOURSELF AND YOUR HEIRS, EXECUTORS AND ADMINISTRATORS, WAIVE RELEASE AND FOREVER DISCHARGE ANY AND ALL RIGHTS AND CLAIMS FOR DAMAGES WHICH YOU HAVE OR WHICH MAY HEREAFTER ACCRUE TO YOU AGAINST THE COMPANY. THIS INCLUDES ITS OWNERS, INSTRUCTORS, PARTICIPANTS, BUILDING OWNERS, EMPLOYEES, PROMOTERS, OPERATORS, REPRESENTATIVES, SUCCESSORS, SPONSORS AND/OR ASSIGNEE SPONSORS INDIVIDUALLY OR OTHERWISE FOR ANY AND ALL DAMAGES THAT WHICH MAY BE SUSTAINED OR SUFFERED BY YOU IN CONNECTION WITH THE SITE OR THE PARTICIPATION IN A PROGRAM.
nutritional guidance
1.1 YOU ARE GRANTED A NONEXCLUSIVE, NONTRANSFERABLE, LIMITED RIGHT TO ACCESS AND USE OF THE SITE MADE AVAILABLE TO YOU. THE RIGHTS AND RESTRICTIONS GRANTED TO YOU ARE AS FOLLOWS:
1. GRANT OF RIGHTS; RESTRICTIONS ON USE
(A) YOU SHALL NOT USE THE SITE UNLESS YOU ARE OF THE AGE OF EIGHTEEN (18) YEAR OLD. BY USING OUR SITE, YOU REPRESENT YOU ARE NOT UNDER EIGHTEEN (18) YEARS OF AGE.
(B) YOU SHALL NOT USE THE SITE FOR ANY PURPOSE OTHER THAN THE PURPOSE AUTHORIZED UNDER THIS AGREEMENT;
(C) YOU REPRESENT, WARRANT, AND/OR COVENANT TO COMPANY THAT THE SITE WILL BE USED ONLY: (I) BY YOU, (II) IN THE MANNER FOR WHICH IT WAS INTENDED, (III) IN ACCORDANCE WITH ALL APPLICABLE INSTRUCTIONS PROVIDED BY THE COMPANY, AND (IV) IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS;
(D) THE SITE IS PROTECTED BY INTELLECTUAL PROPERTY LAWS, AND OTHER LAWS THAT PREVENT UNAUTHORIZED ACCESS AND USE. IF YOU ACCESS AND USE THE SITE WITHOUT AUTHORIZATION, YOUR ACCESS AND USE WILL BE GOVERNED BY THESE GENERAL TERMS AND CONDITIONS AND YOU WILL BE LIABLE TO COMPANY FOR ANY BREACH OF THE GENERAL TERMS AND CONDITIONS AS WELL AS FOR UNAUTHORIZED ACCESS;
(E) WITHOUT PREJUDICE TO THE FOREGOING, YOU MAY NOT ENGAGE IN THE PRACTICES OF "SCREEN SCRAPING," "DATABASE SCRAPING," "DATA MINING" OR ANY OTHER ACTIVITY WITH THE PURPOSE OF OBTAINING INFORMATION FROM THE SITE OR THAT USES WEB "BOTS" OR SIMILAR DATA GATHERING OR EXTRACTION METHODS. YOU MAY NOT OBTAIN OR ATTEMPT TO OBTAIN ANY MATERIALS OR INFORMATION THROUGH ANY MEANS NOT INTENTIONALLY MADE AVAILABLE OR PROVIDED FOR THROUGH THE SITE;
(F) YOU MAY USE THE SITE IN ANY FASHION THAT INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY INTERESTS OF COMPANY OR ANY THIRD PARTY. YOUR USE OF THE SITE MUST COMPLY WITH ALL APPLICABLE LAWS, RULES OR REGULATIONS;
(G) IN ORDER TO ACCESS SOME OF THE SERVICES, YOU MAY BE REQUIRED TO PROVIDE CERTAIN INFORMATION ABOUT YOURSELF (SUCH AS IDENTIFICATION, CONTACT DETAILS, ETC.) AS PART OF THE REGISTRATION PROCESS, OR AS PART OF YOUR ABILITY TO USE THE SERVICES. YOU AGREE THAT ANY INFORMATION YOU PROVIDE WILL ALWAYS BE ACCURATE, CORRECT, AND UP TO DATE.
(H) YOU ARE PROHIBITED FROM DOWNLOADING, STORING, REPRODUCING, TRANSMITTING, DISPLAYING, COPYING, DISTRIBUTING, OR USING MATERIAL RETRIEVED FROM THE SITE.
(I) YOU ARE PROHIBITED FROM DISTRIBUTING VIRUSES OR ANY OTHER TECHNOLOGIES THAT MAY HARM THE SITE OR THE INTERESTS OR PROPERTY OF USERS;
(J) YOU SHALL NOT DISTRIBUTE OR POST SPAM, UNSOLICITED OR BULK ELECTRONIC COMMUNICATIONS, CHAIN LETTERS, OR PYRAMID SCHEMES. WHAT CONSTITUTES SPAM, PYRAMID SCHEMES OR UNSOLICITED COMMUNICATION WILL UP TO THE DISCRETION OF THE COMPANY;
(K) YOU HEREBY REPRESENT THAT YOU HAVE NO KNOWLEDGE OF ANY PHYSICAL INJURIES OR IMPAIRMENT THAT WOULD BE AFFECTED BY PARTICIPATING IN TRAINING ACTIVITIES AND NUTRITION DESIGNED BY THE COMPANY OR LISTED IN THIS SITE.
THE INFORMATION AND NUTRITIONAL GUIDANCE PROVIDED IN THIS SITE ARE BASED ON GENERAL SUGGESTIONS, AND ARE NOT REQUIRED. YOU UNDERSTAND THAT THE AGENTS OR REPRESENTATIVES OF THE COMPANY ARE NOT REGISTERED DIETITIANS OR NUTRITIONISTS. YOU ACKNOWLEDGE THAT THERE IS AN ELEMENT OF DANGER AND RISK OF ILLNESS, ALLERGY, AND/OR DISEASE UP TO DEATH IN THE CONSUMPTION OF FOODS. THEREFORE, YOU HEREBY AGREE IN ASSUMING ANY AND ALL RISKS PERTAINING TO THE DECISIONS AND ACTIONS TO CONSUME FOODS SUGGESTED BY THE COMPANY OR IN THIS SITE; THEREFORE, YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ILLNESS UP TO DEATH THAT I MAY ACQUIRE FROM CONSUMING FOODS SUGGESTED BY THE COMPANY OR ON THIS SITE. THE INFORMATION PROVIDED IN THE SITE BY NO MEANS CONSIDERS FOOD ALLERGIES, MEDICAL CONDITIONS, OR ANY INDIVIDUALIZED FACTORS. IT IS THE YOUR RESPONSIBILITY TO MAKE NECESSARY CHANGES TO THE NUTRITIONAL SUGGESTIONS BASED ON YOUR PERSONAL KNOWLEDGE OF ANY ALLERGIES OR CONDITIONS THAT YOU MAY HAVE. ANY AND ALL NUTRITIONAL SUGGESTIONS WERE TAKEN AND ACTED UPON YOUR SOLE DISCRETION. WE STRONGLY RECOMMEND THAT YOU SEEK PROFESSIONAL MEDICAL ADVICE BEFORE EMBARKING ON ANY DIET OR EXERCISE PROGRAM.
2. INTELLECTUAL PROPERTY
ALL CONTENT ON THIS THE SITE, INCLUDING, BUT NOT LIMITED TO TEXT, IMAGES, ILLUSTRATIONS, AUDIO CLIPS, AND VIDEO CLIPS, IS PROTECTED BY COPYRIGHTS, TRADEMARKS, SERVICE MARKS, AND/OR OTHER INTELLECTUAL PROPERTY RIGHTS (WHICH ARE GOVERNED BY U.S. AND WORLDWIDE COPYRIGHT LAWS AND TREATY PROVISIONS, PRIVACY AND PUBLICITY LAWS, AND COMMUNICATION REGULATIONS AND STATUTES), AND ARE OWNED AND CONTROLLED BY THE COMPANY OR ITS AFFILIATES, OR BY THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS AND LICENSORS (COLLECTIVELY "PROVIDERS") THAT HAVE LICENSED THEIR CONTENT OR THE RIGHT TO MARKET THEIR PRODUCTS AND/OR SERVICES TO COMPANY. CONTENT ON THE SITE OR ANY WEB SITE OWNED, OPERATED, LICENSED OR CONTROLLED BY THE PROVIDERS IS SOLELY FOR YOUR PERSONAL, NONCOMMERCIAL USE.
YOU MAY PRINT A COPY OF THE CONTENT AND/OR INFORMATION CONTAINED HEREIN FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY, BUT YOU MAY NOT COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, DISTRIBUTE, AND/OR EXPLOIT THE CONTENT OR INFORMATION IN ANY WAY (INCLUDING BY E-MAIL OR OTHER ELECTRONIC MEANS) FOR COMMERCIAL USE WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY OR THE PROVIDERS. YOU MAY NOT USE ON YOUR WEB SITE ANY TRADEMARKS, SERVICE MARKS OR COPYRIGHTED MATERIALS APPEARING ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY LOGOS OR CHARACTERS, WITHOUT THE EXPRESS WRITTEN CONSENT OF THE OWNER OF THE MARK OR COPYRIGHT. YOU MAY NOT FRAME OR OTHERWISE INCORPORATE INTO ANOTHER WEB SITE ANY OF THE CONTENT OR OTHER MATERIALS ON THIS WEB SITE WITHOUT PRIOR WRITTEN CONSENT OF THE COMPANY.
you can print it. don't sell it or steel it. it's rude & illegal. okay?
3. CREATION OF ACCOUNT AND SECURITY
TO COMPLETE A TRANSACTION FOR A SERVICE OR OBTAIN MEMBERSHIP, YOU MUST:
(I) CREATE AN ACCOUNT; AND (II) PROVIDE TRUE, UP TO DATE AND ACCURATE ACCOUNT INFORMATION ABOUT YOURSELF AND ANY PRODUCT YOU SUBMIT. EACH PERSON THAT IS PROVIDED WITH A PASSWORD AND USER ID TO USE THE SITE MUST AGREE TO ABIDE BY THESE SITE TERMS AND IS RESPONSIBLE FOR ALL ACTIVITY UNDER SUCH USER ID. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY AND SECURITY OF ANY PASSWORD CONNECTED WITH YOUR ACCOUNT. YOU AGREE TO ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES THAT OCCUR UNDER THE ACCOUNT FEATURE OR PASSWORD. WE RESERVE THE RIGHT TO REFUSE SERVICE, TERMINATE ACCOUNTS AND TO REMOVE OR EDIT CONTENT SUBMITTED BY YOU IN YOUR ACCOUNT.
4. PRIVACY AND CONSENT
WE BELIEVE STRONGLY IN PROTECTING YOUR PERSONAL INFORMATION, AND IN MAKING SURE YOU KNOW HOW THAT INFORMATION WILL BE USED. ANY INFORMATION YOU ENTER AN INQUIRY FORM OR A FEATURE DESIGNED IN THE SITE WILL BE SAFEGUARDED BY THE COMPANY AND WILL ONLY BE MADE AVAILABLE TO THE COMPANY FOR THE INTENDED PURPOSE OF PROVIDING YOU WITH THE SITE SERVICES.
5. PAYMENT
YOU AGREE TO PAY, AND AUTHORIZE THE COMPANY’S THIRD PARTY PAYMENT PROCESSOR TO CHARGE USING YOUR SELECTED PAYMENT METHOD AND PAYMENT PLAN [either monthly payments of equal value for 12 months or one time payment equal to 10 payments at the monthly payment price point], FOR ALL APPLICABLE FEES AND TAXES THAT MAY ACCRUE IN RELATION TO YOUR PAYMENT PLAN TO USE OUR SERVICES OR PURCHASE OUR PRODUCTS. ALL FEES ARE IN US DOLLARS AND ARE NON-REFUNDABLE EXCEPT AS REQUIRED BY LAW. THE COMPANY IS NOT RESPONSIBLE FOR CHARGES OR FOREIGN EXCHANGE RATES APPLIED BY YOUR CREDIT CARD COMPANY AND/OR FINANCIAL INSTITUTION. YOU ARE RESPONSIBLE FOR PROVIDING COMPLETE AND ACCURATE BILLING AND CONTACT INFORMATION TO US. WE MAY SUSPEND OR TERMINATE THE SERVICES IF FEES ARE 15 DAYS PAST DUE OR IF THERE ARE ANY CHARGEBACKS. THIS, HOWEVER, WILL NOT STOP THE DEDUCTION OF PAYMENTS IN ACCORDANCE TO THIS SECTION, UNLESS THE PROPER WRITTEN NOTICE IS PROVIDED.
YOU AGREE TO PAY THE COMPANY THE FEE (THE “FEE(S)”) SPECIFIED ON THE SITE FOR A DETERMINED PERIOD OF TIME (THE “PERIOD”) AND SERVICES STIPULATED THEREIN. THE FEE IS PAYABLE IN ADVANCE OF THE COMMENCEMENT OF THE PERIOD. PERIODIC PAYMENTS ARE AUTOMATICALLY DEDUCTED EVERY MONTH FROM THE TIME THE FIRST PAYMENT WAS RECEIVED (THE “RENEWAL” DATE) IF THE ONE TIME ANNUAL PAYMENT OPTION IS NOT SELECTED.
[ PAYMENT OF THE SAME AMOUNT COME OUT ON THE SAME DATE MONTHLY OR ONE PAYMENT IS MADE UP FRONT COVERING 12 MONTHS FOR THE PRICE OF 10 ]
PAYMENT TIMING
AFTER A PAYMENT, A DULY PROGRAMS WILL BE DELIVERED ON OR BEFORE THE SPECIFIED SUNDAY AT 9:00PM (PST). IN ORDER TO SECURE THE RECEIPT OF THE PROGRAM FOR ANY GIVEN WEEK, YOU AGREE TO SECURE PAYMENT ON OR BEFORE THE THURSDAY IMMEDIATELY PRIOR THE SUNDAY DATE OF DELIVERY PRIOR TO 9:00PM (PST). IF PAYMENTS ARE RECEIVED AFTER 9PM (PST), THE PROGRAM WILL NOT BE DELIVERED UNTIL THE FOLLOWING WEEK. NOTWITHSTANDING THE AFOREMENTIONED, ANY REOCCURRING PAYMENT WILL STILL BE DEDUCTED EVERY FOUR (4) WEEKS FROM THE TIME THE FIRST PAYMENT WAS RECEIVED.
ALL FEES ARE IN US DOLLARS AND ARE NON-REFUNDABLE EXCEPT AS REQUIRED BY LAW. THE COMPANY IS NOT RESPONSIBLE FOR CHARGES OR FOREIGN EXCHANGE RATES APPLIED BY YOUR CREDIT CARD COMPANY AND/OR FINANCIAL INSTITUTION.
foreign exchange + refunds
EXCEPT OTHERWISE SPECIFIED OR WAIVED BY THE COMPANY, ALL FEES ARE BASED ON THE SERVICES AND MEMBERSHIP SUBSCRIPTION AND NOT ACTUAL USAGE. THEREFORE, ALL PAYMENTS OBLIGATIONS HEREIN ARE NON-CANCELABLE AND NON-REFUNDABLE, AND QUANTITIES PURCHASED CANNOT BE DECREASED DURING THE RELEVANT MEMBERSHIP TERM OR PERIOD.
terms of usage vs. payment
ON YOUR PURCHASE OF THE RELEVANT SERVICES WE WILL GRANT TO YOU, FOR YOUR OWN PERSONAL USE ONLY, A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO ACCESS TO THE SITE AND AS THE CASE MAY BE, AND WITHOUT LIMITATION,
THE FOLLOWING: (A) ACCESS VIDEO ON A STREAMING ONLY BASIS; (B) ACCESS AND DOWNLOAD PERSONALIZED FITNESS PLANS; AND (C) ACCESS TO NUTRITIONAL GUIDELINES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS LICENSE DOES NOT PERMIT YOU TO SHARE ANY OF ITS CONTENT WITH ANY OTHER INDIVIDUALS.
6. program access LICENSE
YOU AGREE THAT ANY MATERIALS, INCLUDING BUT NOT LIMITED TO QUESTIONS, COMMENTS, SUGGESTIONS, IDEAS, PLANS, NOTES, ORIGINAL OR CREATIVE MATERIALS OR OTHER INFORMATION PROVIDED BY YOU THROUGH THE SITE IN THE FORM OF E-MAIL OR SUBMISSIONS TO US, ARE NON-CONFIDENTIAL. WE WILL OWN EXCLUSIVE RIGHTS, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS, AND WILL BE ENTITLED TO THE UNRESTRICTED USE OF THESE MATERIALS FOR ANY PURPOSE, COMMERCIAL OR OTHERWISE, WITHOUT ACKNOWLEDGMENT OR COMPENSATION TO YOU.
7. SUBMISSIONS OF INFORMATION
WE MAY MAKE AVAILABLE THE SITE VIA THIRD PARTIES OR MAY OTHERWISE PROVIDE INFORMATION ABOUT OR LINKS OR REFERRALS TO THIRD-PARTY PRODUCTS OR SERVICES. YOUR BUSINESS DEALINGS OR CORRESPONDENCE WITH, OR PARTICIPATION IN PROMOTIONS OF, SUCH THIRD PARTIES, AND ANY TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS OR PROMOTIONS ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR PROMOTIONS OR FROM ANY THIRD-PARTY PRODUCTS OR SERVICES, AND YOU USE SUCH THIRD-PARTY PRODUCTS AND SERVICES AT YOUR OWN RISK.
8. THIRD PARTY PRODUCTS AND SERVICES
WE DO NOT SPONSOR, ENDORSE, RECOMMEND OR APPROVE ANY SUCH THIRD PARTY. YOU SHOULD INVESTIGATE AND USE YOUR INDEPENDENT JUDGMENT REGARDING THE MERITS, QUALITY AND REPUTATION OF ANY INDIVIDUAL, ENTITY THROUGH WHOM YOU OBTAINED THROUGH THE SITE OR IN RELATION TO THIS AGREEMENT. WE DO NOT REPRESENT OR WARRANT THAT ANY SUCH THIRD PARTY IS LICENSED, QUALIFIED, REPUTABLE OR CAPABLE OF PERFORMING ANY SERVICES OR ANY OF THE PRODUCTS THAT THE OFFER FOR SELL.
[i give suggestions on products i support. use your own judgement]
ALTHOUGH WE AIM TO OFFER YOU THE BEST SERVICES, WE MAKE NO PROMISE THAT THE SITE WILL MEET YOUR REQUIREMENTS. WE HAVE NO CONTROL OVER SUCH MATTER, AND THEREFORE, WE CANNOT GUARANTEE THAT THE SITE WILL BE ALWAYS AVAILABLE. IF YOU BELIEVE THERE IS A PROBLEM ON OUR END, PLEASE DO NOT HESITATE TO CONTACT US AND WE WILL ATTEMPT TO CORRECT THE FAULT AS SOON AS WE REASONABLY CAN. NOTWITHSTANDING THE AFOREMENTIONED, YOUR ACCESS TO THE SITE MAY BE OCCASIONALLY RESTRICTED OR INTERRUPTED TO ALLOW FOR REPAIRS, MAINTENANCE OR THE INTRODUCTION OF NEW FACILITIES OR SERVICES OR BECAUSE WE ARE UNABLE TO OFFER THE SITE FOR REASONS BEYOND OUR CONTROL (SUCH AS A PROBLEM WITH OUR PROVIDER). IN THIS EVENT, WE WILL ATTEMPT TO RESTORE THE SERVICE AS SOON AS WE REASONABLY CAN. ANY SUCH RESTRICTIONS OR INTERRUPTIONS SHALL NOT CONSTITUTE A BREACH BY THE COMPANY OR OF THESE TERMS.
9. AVAILABILITY
YOU UNDERSTAND FROM TIME TO TIME THE COMPANY PRODUCES PROMOTIONAL MATERIAL ABOUT THEIR PROGRAMS AND CLIENT SUCCESS. YOU FURTHER UNDERSTAND THAT AS A PARTICIPANT YOU MAY BE INCLUDED IN VIDEOTAPE OR PHOTOGRAPHS TAKEN DURING CLINICS, TRAINING SESSIONS, BEFORE AND AFTER PHOTOS, OR ANY OTHER ACTIVITIES INVOLVING THESE PROGRAMS. YOU HEREBY GRANT THE COMPANY, ITS OWNERS, MANAGERS, EMPLOYEES, SUCCESSORS, ASSIGNEES, LICENSEES, SPONSORS AND ANY MEDIA OR OTHER COMMERCIAL ENTITIES ASSOCIATED WITH THIS PROGRAM, THE EXCLUSIVE RIGHT TO PHOTOGRAPH AND/OR VIDEOTAPE PARTICIPANT AND FURTHER UTILIZE PARTICIPANT'S FACE, LIKENESS, VOICE AND APPEARANCE AS PART OF THE PROGRAM FOR PURPOSES OF MARKETING, ADVERTISING AND PROMOTING THE PROGRAM WITHOUT RESERVE OR LIMITATION. IN GRANTING THIS LICENSE, YOU UNDERSIGN THAT THE COMPANY IS UNDER NO OBLIGATION TO EXERCISE ANY OF ITS RIGHTS, LICENSES, AND PRIVILEGES HEREIN GRANTED BY PARTICIPATION.
10. RIGHT TO PROMOTE
[i can post your photos/videos, verbal testimony or words on social media or use it on my site or wherever I see fit for business purposes]
PHYSICAL RESULTS OR CHANGES TO THE BODY ARE DEPENDENT ON THE CLIENT AND FULL IMPLEMENTATION OF THE SERVICES PURCHASED. EVEN WITH FULL IMPLEMENTATION, THE COMPANY DOES NOT GUARANTEE EXPECTED RESULTS AS THESE ARE SUBJECTIVE TO THE CLIENT. THE COMPANY IS IN NO WAY RESPONSIBLE FOR THE LACK OF RESULTS SEEN OR EXPECTED BY THE CLIENT.
11. GUARANTEE OF RESULTS
[i don't guarantee results. that's on you + your genetics]
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE, ANY USER POSTINGS MADE BY YOU, YOUR VIOLATION OF ANY TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. COMPANY RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH COMPANY IN ASSERTING ANY AVAILABLE DEFENSES.
12. INDEMNIFICATION
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS OR THIS SUBSCRIPTION AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE ONLINE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER YOU NOR THE COMPANY WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SITE, OR THE FAILURE OF ANY PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY'S INDEMNITY OBLIGATIONS OR YOUR (AND YOUR AUTHORIZED USERS') INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO COMPANY OR ITS THIRD PARTY SUPPLIERS.
THE SITE (INCLUDING ALL THIRD PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITE.
13. LIMITED LIABILITY
WE MAY TERMINATE OR SUSPEND YOUR ACCESS TO THE SITE AT ANY TIME, WITH OR WITHOUT CAUSE, AND WITH OR WITHOUT NOTICE. UPON SUCH TERMINATION OR SUSPENSION, YOUR RIGHT TO USE THE SITE WILL IMMEDIATELY CEASE. FURTHERMORE, WE RESERVE THE RIGHT NOT TO RESPOND TO ANY REQUESTS FOR INFORMATION FOR ANY REASON, OR NO REASON.
14. TERMINATION; REFUSAL TO PROVIDE SERVICES
YOU AGREE TO TRANSACT WITH US ELECTRONICALLY. THIS MEANS YOU AGREE TO ACCEPT AND TERMS AND CONDITIONS AND TO TRANSACT ANY SALE, DONATION OR RECYCLING OF YOUR PRODUCTS WITH US BY ELECTRONIC MEANS. YOU AUTHORIZE US TO SEND YOU IMPORTANT NOTICES ABOUT THE SITE AND ANY PENDING TRANSACTIONS TO AN EMAIL ADDRESS YOU PROVIDE TO US, IF YOU ARE A REGISTERED ACCOUNT HOLDER OR, IN THE ALTERNATIVE, BY POSTING A NOTICE ON THE SITE. IT IS YOUR DUTY TO KEEP YOUR EMAIL ADDRESS UP TO DATE AND TO MAINTAIN A VALID EMAIL ADDRESS AND TO ENSURE THAT EMAILS WE SEND YOU ARE NOT FILTERED OR STOPPED BY SPAM FILTERS OR OTHER TYPES OF EMAIL BLOCKING FUNCTIONALITIES. IF YOU NO LONGER DESIRE TO TRANSACT ELECTRONICALLY WITH US, YOU MAY NO LONGER USE THE SITE.
15. ELECTRONIC NOTICES AND TRANSACTIONS
THIS AGREEMENT IS TO BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE INTERNAL LAWS OF THE STATE OF WASHINGTON WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW RULE THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE INTERNAL LAWS OF THE STATE OF WASHINGTON TO THE RIGHTS AND DUTIES OF THE PARTIES.
IF ANY PROVISION IN THESE TERMS AND CONDITIONS IS HELD TO BE LEGALLY INVALID OR UNENFORCEABLE, THEN BOTH YOU AND COMPANY SHALL BE RELIEVED OF ALL OBLIGATIONS ARISING UNDER SUCH PROVISION, BUT ONLY TO THE EXTENT THAT SUCH PROVISION IS INVALID OR UNENFORCEABLE, AND THESE TERMS SHALL BE DEEMED AMENDED BY MODIFYING SUCH PROVISION TO THE EXTENT NECESSARY TO MAKE IT VALID AND ENFORCEABLE WHILE PRESERVING ITS INTENT; OR IF THAT IS NOT POSSIBLE, BY SUBSTITUTING ANOTHER PROVISIONS THAT IS VALID AND ENFORCEABLE AND ACHIEVES THE SAME OBJECTIVE AND ECONOMIC RESULT. ANY ACTION TO ENFORCE A MEDIATION OR ARBITRATION AWARD OR ANY INJUNCTIVE RELIEF SOUGHT PURSUANT TO THESE TERMS AND CONDITIONS SHALL BE BROUGHT ONLY IN THE FEDERAL OR STATE COURTS IN THE CITY OF VANCOUVER, AND YOU CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.
16. GOVERNING LAW
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTIES WITH RESPECT TO ITS SUBJECT MATTER AND REPLACES AND SUPERSEDES ANY PRIOR WRITTEN OR VERBAL COMMUNICATIONS, REPRESENTATIONS, PROPOSALS OR QUOTATIONS ON THAT SUBJECT MATTER.
17. ENTIRE AGREEMENT