TERMS AND CONDITIONS:
YOU UNDERSTAND THAT YOU SHOULD ALWAYS CONSULT A QUALIFIED MEDICAL PROFESSIONAL BEFORE BEGINNING ANY NUTRITIONAL PROGRAM OR EXERCISE PROGRAM
LIMITATIONS ON LIABILTY
IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR INTENTIONAL ACTS, SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS, CLUBS OR SERVICES THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT, CLUB OR SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS); OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF THE COMPANY OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE IS TO DISCONTINUE ANY USE OF THIS SITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO THE COMPANY FOR ANY PRODUCTS, CLUBS OR SERVICES SUPPLIED BY THE COMPANY THROUGH YOUR USE OF THE SITE IN THE TWELVE (12) MONTH PERIOD PRECEDING ANY SUCH CLAIM.
The Company will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, electrical or communications outages, fire, flood, terrorism, acts of God or nature, war or company insolvency.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
The terms of this section shall survive any termination of the Terms.
With respect to any and all text, graphics, descriptions, photographs, messages, video and any other content you elect to upload, post, e-mail or otherwise transmit to the Company through the Site ("User Content"), you grant the Company, its affiliates, and licensees the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, adapt, perform, display, publish, publicize, translate, prepare derivative works from, distribute, sell, and take any other action with respect to such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that the Company may preserve any such User Content and may also publicly disclose such User Content in its discretion. You further acknowledge that Company owns all rights (including but not limited to Copyright and any applicable rights of publicity) for any derivative works utilizing any User Content.
You represent and warrant that (a) you own or have the full right, power and authority to grant to the Company use of and rights in and to all User Content; (b) any User Content you provide to the Company will be true and accurate; (c) your license of such User Content to the Company hereunder does not, and the use or license of such User Content by the Company to third parties will not, infringe any right or interest owned or possessed by any third party; and (d) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such User Content.
Notwithstanding anything to the contrary, you may not:
Cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling of the Site, including any Content or any other elements contained or offered by the Site; Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites; Use, frame, or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without the Company's express written consent; Use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any Content or portion of the Site; Use this Site for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein; Use meta tags or any other "hidden text" utilizing any Company name, trademark, or product name without the Company's express written consent; Create, purchase or utilize any banner ads, keywords or any other form of Internet optimization tools to compete with the Company's advertising or redirect traffic from the Company's Site (including by registering or using domain names similar to those utilized by the Site); Use the Site or submit any User Content to generate or send any unsolicited commercial email (spam); Copy any elements of the Site (other than as expressly provided under United States copyright laws); Access, create or modify source code of the Site in any way; Use the Site to, or in any way that would, violate any applicable local, state, national and/or international law, regulation, ordinance or fair business or medical practice; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise disguise the origin of any User Content; Collect or store personal data about others; Attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; Submit or publish User Content that solicits funds or services or contains or includes any virus, worm, software lock, drop dead device, Trojan-horse, routing, trap door, time bomb or any other code, instruction or program that is designed to distort, delete, damage, disable or impair the functionality of any computer or the Site; or Use this Site to develop, generate, upload, post, display transmit or store information or Content that: (A) infringes any third party's intellectual property, confidentiality, trade secret or other proprietary right; (B) is defamatory, false, hateful, harassing, vulgar, libelous, pornographic, an invasion of privacy, obscene, sexually oriented, abusive, illegal, racist, offensive or harmful; or (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Site.
It is the Company's policy to respect the copyright and intellectual property rights of others. The Company may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, the Company may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.
Representations and Warranties
You represent, covenant and warrant that: you possess the legal right and ability to enter into these Terms and to comply with its terms; you will use this Site for lawful purposes only and in accordance with these Terms and all applicable laws, regulations and policies; you will not attempt to decompile, reverse engineer or hack this Site, or to defeat or overcome any encryption and/or digital rights management technology implemented with respect to this Site and/or data transmitted, processed or stored by this Site; you will not take any steps to interfere with or in any manner compromise any of the Company's security measures; you will only use this Site on a computer on which such use is authorized by the computer's owner; and you are 18 years of age or older.
If the Company has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, the Company may suspend or terminate your account, deny any or all use of the Site, and pursue any appropriate legal remedies.
Accounts and Security
To use and access exclusive and proprietary elements of the Site, you must register with the Company to open an account ("Account"). As part of the registration process, each user will select a password and user name. You shall provide the Company with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Account. You may not (i) select or use a user name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a user name that the Company, in its sole discretion, deems inappropriate or offensive.
Your Account may not be assigned, sublicensed, transferred, or shared with any other individual or entity, and you expressly agree not to provide any other entity your password or otherwise allow them to use or access your Account. You agree to notify the Company of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site under your user name and password.
The Company may immediately terminate your Account, or suspend your access to your Account, without notice, for conduct that the Company believes violate these Terms or any other policies or guidelines posted by the Company; or the Company deems your conduct to be harmful to other users, third parties, or the business interests of the Company.
You agree to indemnify, defend and hold harmless the Company, its parents, affiliates, subsidiaries, officers, directors, employees, agents, and suppliers (collectively, the "Indemnified Parties"), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your: (i) violation or breach of any term of these Terms or any policy or guidelines referenced herein; (ii) use or misuse of this Site, the Content, any User Content, or any other element of the Site; or (iii) other violation of any rights of a third party.
Changes to the Site
The Company may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you.
This Site is controlled, operated, and administered by the Company from its offices within the United States of America. The Company makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site shall be filed only in the Superior Court of New Jersey, and you hereby irrevocably and unconditionally consent and submit to the exclusive of such courts over any suit, action, or proceeding arising out of the Terms.
Term and Termination
Purchase of our product will grant you a one (1) year subscription to access the content through the website or smart devices. After this term, the company reserves the right to extend or terminate your access to the content at its sole discretion.
Notwithstanding any of these Terms, the Company reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use the Site and to block or prevent future access to and use of the Site. You agree that the Company shall not be liable for any termination of your use of or access to the Site.
Electronic Signatures and Agreements
The Company reserved any and all rights not expressly granted herein. Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and the Company, and you do not have any authority to create any obligation or make any representation on the Company's behalf. You may not assign this agreement, by operation of law or otherwise, without the Company's express prior written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and the Company and their respective successors and assigns. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms, including the agreements and policies referenced herein, constitute the final, complete and exclusive agreement between the Company and you with respect to your use of the Site, and may not be contradicted, explained or supplemented by evidence of any prior, contemporaneous, or oral agreements or any other additional terms except as may be amended in accordance with these Terms. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by the Company to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.
Changes to Terms and Conditions
From time to time, we may make changes to our Terms and Conditions, due to unanticipated issues relating to same. If our Terms and Conditions change at some time in the future, we will post the changes to our website in effort to notify you of these changes. If you are concerned about our Terms and Conditions, you should check our Terms and Conditions periodically.