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| Terms of Use | These Terms of Use apply to Website(s) owned and operated by No Excuse Inc., its subsidiaries, affiliates, successors, assignees, designees and licensees (together "Innovative Fitness Consultants", "we", "us", or "our"), including www.innovativefitness.com <http://www.mypypelineinnovativefitness.com/> (the "Website"). By using the Website, you agree, without limitation or qualification, to be bound by the terms and conditions as set forth below.
Privacy Policy
At Innovative Fitness Consultants, we respect your privacy and believe you should be informed about how we collect, use and disclose your personal information. Please read our Privacy Policy (the "Privacy Policy") before using the Website.
Modification to Terms of Use
Innovative Fitness Consultants reserves the right to make changes to these Terms of Use and the Privacy Policy at any time by posting such changes on the Website. Modifications to any of the foregoing shall be effective when they are posted on the Website, which posting shall constitute notice to you. Your continued use of the Website following the posting of any such modifications on the Website will mean that you accept and agree to be bound by such modifications. We encourage you to check the Website regularly to see if we have made any modifications to these Terms of Use and the Privacy Policy.
Consult a Physician
Please note that the content and services offered on the Website are general in nature and are provided for educational purposes. NEITHER THE CONTENT NOR ANY SERVICES OFFERED BY OR THROUGH THE WEBSITE ARE INTENDED TO BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO REPLACE THE RELATIONSHIP WITH YOUR PHYSICIAN. Innovative Fitness Consultants STRONGLY ADVISES THAT YOU CONSULT YOUR PHYSICIAN AND OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING ANY FITNESS PROGRAM, CHANGING YOUR DIET AND BEFORE ADHERING TO ANY OF THE CONTENT, PROGRAMS OR RECOMMENDATIONS PRESENTED THROUGHOUT THE WEBSITE OR PARTICIPATION IN ANY EVENT ANNOUNCED ON THE WEBSITE.
Not all exercises or activities described on the Website are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. The Website should not be used by people who have adverse medical or nutritional conditions.
By using the Website, you represent that you have received consent from your physician to participate in the programs, workouts and exercises described on the Website. You acknowledge and agree that we are not responsible for any resulting health problems and that such participation on your part is voluntary and at your own risk.
Information on the Website
We try to provide helpful and accurate information on the Website, but we cannot verify, endorse or vouch for the information, services or recommendations available through the Website. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Website.
Your Obligations
You agree to: (a) not submit, post or transmit any unlawful, infringing, harmful, threatening, abusive, harassing, defamatory, untrue, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the publicity and privacy rights of others, or otherwise violate any applicable local, state, national or international law; (b) not use the Website to introduce, transmit or otherwise distribute viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (c) not to use the Website for chain letters, junk mail, "spamming" solicitations (commercial or otherwise) or bulk communications of any kind.
Information and Content you Submit
Any information, including any content, Personal Information (as that term is defined in the Privacy Policy), copyrightable materials and any other information that you provide, post or email on the Website's discussions, chats, blogs, postings, transmissions, bulletin boards and other user-created pages (collectively "User Generated Content") shall be subject to the terms and conditions of these Terms of Use.
If you post User Generated Content in a public area of the Website (including bulletin boards, blogs, chat rooms or other user-created pages), that information will be treated as public, non-personal and non-confidential information. In order to facilitate the posting of this information, whenever you post User Generated Content in a public area of the Website, you automatically grant to us a royalty-free, perpetual, irrevocable, assignable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display User Generated Content alone or as part of other works in any form, media, or technology, and to sublicense such rights. In addition, if you submit Personal Information or any other User Generated Content in connection with any of our contests or sweepstakes, unless you otherwise notify us in writing, you permit us to attribute you as the contributor of such User Generated Content and to otherwise abide by the rules of the contest or sweepstakes.
Community Pages
Although we may from time to time monitor or review discussions, chats, blogs, postings, transmissions, bulletin boards and other public user pages on the Website (collectively, the "Community Pages"), we are not under any obligation to do so. You acknowledge that we do not control the information available on the Community Pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any Community Pages are those of their respective authors who are solely responsible for their content, and in no way represent the views or opinions of Innovative Fitness Consultants.
You agree that you bear all risks associated with the use of any information available on the Community Pages, including any reliance on the accuracy, completeness or usefulness of such information. Under no circumstances will Innovative Fitness Consultants be liable in any way with respect to such information, including, but not limited to, with respect to any errors or omissions in such information, or for any loss, claim or damages of any kind incurred as a result of the use of such information.
In using our Community Pages you agree to follow our Community Guidelines, which include the following provisions:
- Respect everyone's opinions, even though you might not agree with someone. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
- Do not post profane or explicit content.
- Do not post profile pictures that might be considered inappropriate.
- Do not post communications that could be interpreted as threatening or harassment.
- Do not post advertise or promote products commercially other than those available by or through the Pro Shop and Video section of the Website.
- If you have started a posting (such as a journal) that you want to close, please post a message indicating "POSTING CLOSED." We may determine in our sole discretion whether to close or delete postings.
Ownership of the Website
The Website and all aspects thereof, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, service marks and all other materials (the "Content"), including any copyright, trademark or other intellectual property rights in or to any of the foregoing are the property of Innovative Fitness Consultants or its affiliates or licensors and are protected by copyright, trademark and other applicable laws.
Innovative Fitness Consultants grants you a revocable non-exclusive, non-assignable and non-transferable license to display the Content only for personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, republish, rebroadcast, link to, create derivative works of, publicly display (including by framing any Content) or circulate any Content or commercially exploit any part of the Website. Modification of Content or use of Content for any other purpose is a violation of any applicable copyright or other proprietary rights. The use of any Content on any other Website or networked computer environment is prohibited.
Copyrighted Materials
When referring to news reports or articles in your posts on the Website, including references to reports and articles appearing on other sections of the Website, please post only a few sentences for the reader’s information and reference and include a link to the rest of the content on the original site. Do not post articles, news reports, photographs, graphics, images, audio, or other copyrighted material in their entirety (or substantial portions thereof) unless you have obtained written permission from the relevant copyright owner(s). Any unauthorized posting of any of the foregoing to the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or civil and criminal statutes, and you will be responsible for any liability arising from such violations.
User Conduct
If we determine that any user is not using the Website responsibly, we have the right (but not the obligation) to remove, edit, block or delete such user's transmissions, User Generated Content, or use of the Website. We also have the right (but not the obligation) to suspend or terminate your access to and use of Community Pages or other parts of the Website, or delete information you have posted to the Website, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) violates the Community Guidelines, (c) is offensive to other users, (d) violates the rights of Innovative Fitness Consultants or third parties, or (e) could cause Innovative Fitness Consultants liability.
Modifications and Termination of Website
Innovative Fitness Consultants reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Website (or any part thereof), with or without notice to you. You acknowledge and agree that Innovative Fitness Consultants shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or its services or access thereto.
Indemnification
You agree to indemnify, defend and hold harmless Innovative Fitness Consultants, its parents, subsidiaries, affiliates, officers, directors, agents, employees, partners, suppliers and any third parties from any loss, liability, claim, demand, action or damage, including reasonable attorneys' fees, arising out of or related to (a) your use of or access to the Website or its services, (b) any content, information or material you receive on or through the Website, (c) any content, information or material you post, display or distribute via the Website, including the User Generated Content, (d) your breach or violation of these Terms of Use, and (e) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Website.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND YOUR FOLLOWING OR ADHERING TO THE ADVICE AND INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK INCLUDING, WITHOUT LIMITATION, RISK OF INJURY OR DEATH, AND THAT THE WEBSITE, AND THE INFORMATION, CONTENT, ADVICE, PROGRAMS, GOODS AND SERVICES MADE AVAILABLE THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN REGARD TO THE WEBSITE AND ALL CONTENT, INFORMATION AND MATERIAL THEREON AND PRODUCTS AND SERVICES MADE AVAILABLE THEREIN, Innovative Fitness Consultants EXPRESSLY DISCLAIMS ALL WARRANTIES and conditions OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND COMPLETENESS, FREEDOM FROM COMPUTER VIRUS AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OPINION, ADVICE, STATEMENT OR OTHER INFORMATION AVAILABLE THROUGH THE WEBSITE SHALL BE AT YOUR SOLE RISK. Innovative Fitness Consultants DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE OR ITS SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE OF A CERTAIN QUALITY, OR THAT THE WEBSITE OR ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE, IF ANY, WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT THE INTERNET IS COMPOSED OF MANY PRIVATELY OWNED SYSTEMS AND NETWORKS OF TELEPHONE WIRES AND SWITCHES AND WIRELESS TECHNOLOGIES AND IS DEPENDENT FOR ITS ONGOING OPERATIONS UPON COMPUTERS AND OTHER ELECTRONIC HARDWARE THAT ARE OFTEN UNSTABLE AND SUBJECT TO MALFUNCTIONS, AND, THEREFORE, IT IS THE INHERENT NATURE OF THESE SYSTEMS AND NETWORKS, AND THE INTERNET TO EXPERIENCE SYSTEMS AND HARDWARE FAILURES, PACKET LOSSES AND DOWNTIME. ACCORDINGLY, YOU HEREBY RELEASE AND FOREVER DISCHARGE Innovative Fitness Consultants FROM ANY AND ALL COSTS, LOSSES, LIABILITY OR DAMAGES RESULTING FROM DOWNTIME CAUSED BY ANY OF THE FAILURES DESCRIBED OR REFERRED TO ABOVE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Innovative Fitness Consultants OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, Innovative Fitness Consultants, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ANY THIRD PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF Innovative Fitness Consultants HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS WEBSITE OR THE INFORMATION, SERVICES, PRODUCTS, CONTENT AND OTHER MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, INOPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY PERSONAL INFORMATION (AS THAT TERM IS DEFINED IN THE PRIVACY POLICY). YOU SPECIFICALLY ACKNOWLEDGE THAT Innovative Fitness Consultants SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT SHALL Innovative Fitness Consultants' TOTAL LIABILITY TO YOU EXCEED THE FEES PAID BY YOU, IF ANY, FOR MEMBERSHIP, SUBSCRIPTION OR A PARTICULAR PRODUCT OR SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Email Delivery Issues
Due to the large number of email providers and anti-spam software applications, we cannot be responsible for blocked or blacklisted mailings. In addition, configuring email software settings which may block incoming emails are the sole responsibility of the user to adjust in order to receive Website mailings.
Product Warranties
Except as expressly provided in any product guarantee and return policy provided by us from time to time, you hereby release Innovative Fitness Consultants (and its affiliates, subsidiaries, and their respective officers, directors, agents, and employees) from any loss, claims or damages (including without limitation any direct, indirect, consequential, incidental, punitive, special or exemplary damages), whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that arise from or relate to any product you may have purchased through the Website.
Products Purchased from Third Party Websites
We may make certain products and services available to you through links to third party Websites. Before you purchase any products or services through any such third party Website, we urge you to carefully review any such third party's privacy, security, return and guarantee policies. Your correspondence or business dealings with any such third party, including payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Innovative Fitness Consultants shall not be responsible or liable for any loss, claim or damages of any sort incurred as a result of any dealings with any such third party.
Third-Party Websites
We provide links to other Websites that may be of interest to you. We do not monitor or investigate such Websites and we are not responsible for the content, functionality or practices of such Websites. Once you link to a third party Website, you will be subject to the terms of use, privacy policy and/or editorial policy of that site. Your linking to such Websites is at your own risk, and Innovative Fitness Consultants is not responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any such site.
General
The Terms of Use and the resolution of any dispute related to the Terms of Use or the Website shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada. You shall bring any legal action or proceeding against Innovative Fitness Consultants related to the Website and these Terms of Use exclusively in a court of competent jurisdiction sitting in the City of Vancouver, Province of British Columbia, Canada, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Innovative Fitness Consultants' failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Innovative Fitness Consultants in writing. These terms and conditions constitute the entire agreement between you and Innovative Fitness Consultants with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.
You will at all times be deemed to be an independent contractor with respect to the subject matter of these Terms of Use, and nothing contained in these Terms of Use will be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary or other similar relationship. You may not assign your rights or obligations under these Terms of Use to any party. You have independently evaluated these Terms of Use and are not relying on any representation, guarantee, or statement from us or anyone else, other than as expressly set forth in these Terms of Use.
Contact Us
Any questions or comments can be directed to us through the Contact Us section of the Website.
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