PHYSIQ FITNESS TERMS AND CONDITIONS OF USE AGREEMENT
This is our Terms and Conditions of Use Agreement (hereinafter referred to as the “Agreement”) for use of the Physiq Fitness website (“Website”). This Website is not directed to persons under eighteen (18) years of age. The Website is owned by Physiq Fitness (hereinafter referred to as “Physiq Fitness”). This Agreement applies to all of the products, services and websites offered by Website and Physiq Fitness, the mobile versions thereof, any Website software that you have embedded on a web site or are about to embed (“Widgets”), and any applications (“Apps”) created by Physiq Fitness whether available through a social networking site or its subsidiaries or affiliated companies (collectively, “Service”). Please note that the availability of any Apps on a social networking site does not indicate any relationship or affiliation between Physiq Fitness and such social networking site. The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being. If you do not agree to be bound by this Agreement, please do not use or access this Website. Physiq Fitness reserves the right to refuse or cancel your account. We also reserve the right to cancel your membership should you violate any provision of this Agreement, or any other posted policy on the Website. The contents of this Website, including the videos, text, graphics, images, and information obtained from Physiq Fitness’s third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.
PARENTAL OR GUARDIAN PERMISSION
You must be 13 years or older to use this Website and by providing information about yourself to Physiq Fitness, you are representing that you are eighteen years (13) of age or older. If you are younger than thirteen (13) years of age and would like to become a registered member of or provide information about yourself to the Physiq Fitness Website, you are required to have your parent or legal guardian contact Physiq Fitness prior to use.
PRIVACY
Please review our Privacy Policy found here, which also governs your visit to the Website, to understand our privacy practices.
COMMUNICATIONS
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. By participating, you consent to receive text messages sent by an automatic telephone dialing system. Consent to these terms is not a condition of purchase.. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Finally, Physiq Fitness may deliver communications to you by any means set forth in any other Physiq Fitness policy or notice published on the Website.
LICENSE AND SITE ACCESS
Physiq Fitness grants you a limited license to access and make personal use of the Website and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of Physiq Fitness. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Physiq Fitness. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Physiq Fitness without our express written consent. You may not use any metatags or any other hidden text utilizing Physiq Fitness’s name or trademarks without the express written consent of Physiq Fitness. Any unauthorized use terminates the permission or license granted by Physiq Fitness. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Physiq Fitness, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Physiq Fitness logo or other proprietary graphic or trademark as part of the link without express written permission.
MEMBERSHIP ACCOUNT
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Physiq Fitness and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Memberships are non-transferable. You agree to (a) maintain all computer and phone equipment necessary for your access to and use of the Website; (b) maintain the security of your user identification, password, Personal Information (as defined in our Website Privacy Policy), and any other confidential information relating to your Physiq Fitness account; (c) take responsibility for all charges resulting from use of your Physiq Fitness account, including unauthorized use prior to your notifying Physiq Fitness of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (d) update your Personal Information (as defined in our Website Privacy Policy), including email address, as appropriate. If you are given a promotional code you may only use it once. After the promotion terminates, you will be required to subscribe to the Website. Physiq Fitness reserves the right to terminate any account that is using or trying to use more than one promotion. If a membership is terminated due to a violation of this Agreement, Physiq Fitness will not reimburse Subscriber for the remainder of paid month. Nor will reimbursements be made for memberships cancellations prior to monthly renewal date. Subscriptions are complimentary. Subscribers may cancel their subscription at any time.
CONTACTING PHYSIQ FITNESS
You may contact us by email (provide your first and last name and user name; we will not open your email if it contains an attachment).
DISCLAIMERS AND LIMITATION OF LIABILITY
Users of the Website (individually and collectively, “User”) expressly agree that use of the Website is at User’s sole risk. Neither Physiq Fitness, nor its employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. Physiq Fitness does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information. The website is provided by Physiq Fitness on an “as is” and “as available” basis. Physiq Fitness makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, products or individuals included or listed on the website. To the fullest extent permissible by applicable law, Physiq Fitness disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Physiq Fitness or providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including, but not limited to, lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the website or the use of the information or the results of the use of the information provided on the website, even if Physiq Fitness is expressly advised of the possibility of such damages. In no event shall Physiq Fitness’s liability exceed the price you paid for a product or service that is the subject of the claim. No oral advice or written information given by Physiq Fitness, providers or the like, shall create a warranty; nor shall user rely on any such information or advice. Under no circumstances shall Physiq Fitness or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website’s records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those States that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
THIRD-PARTY CONTENT
The Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively “Content”). Regarding the Content supplied by Users or parties other than Physiq Fitness, Physiq Fitness is a distributor and not a publisher. Physiq Fitness has no more editorial control over such third-party or User Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by Physiq Fitness are those of the respective authors or distributors and not of Physiq Fitness. Neither Physiq Fitness nor any third party, including any Provider, or any User of the Website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Website represents the opinions and judgments of the respective Provider or User not under contract with Physiq Fitness. Physiq Fitness neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized Physiq Fitness employees. Under no circumstances shall Physiq Fitness be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Website. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through the Website.
ONLINE CONDUCT
User agrees to use the Website only for lawful purposes. User is prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. If Physiq Fitness is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, Physiq Fitness may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website. Physiq Fitness may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of Physiq Fitness, its Users or Providers. Physiq Fitness reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, the Website, or any rights of Physiq Fitness or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Physiq Fitness nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither Physiq Fitness, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Website.
LINKS TO OTHER SITES
The Website may reference or link to third-party sites throughout the World Wide Web. Physiq Fitness has no control over these third-party sites or the content within them. Physiq Fitness cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. Physiq Fitness does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. Physiq Fitness does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party’s privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against Physiq Fitness for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.
COPYRIGHTS
Copyright © Physiq Fitness 2019. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to Physiq Fitness or its content suppliers and are protected by United States and international copyright law. Physiq Fitness enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
TRADEMARKS
Physiq Fitness and the related logos and other marks indicated on our Website are the exclusive property and trademarks of Physiq Fitness. Physiq Fitness reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by Physiq Fitness that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Physiq Fitness.
INDEMNITY
You agree to defend, indemnify, and hold Physiq Fitness and Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
APPLICABLE LAW
The Website is created and controlled by Physiq Fitness in the State of {state name} As such, the laws of the State of Oregon will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Physiq Fitness reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the State of Oregon for any litigation arising out of or relating to use of or purchase made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Texas courts and agrees not to plead or claim in any Oregon court that such litigation brought therein has been brought in an inconvenient forum.
PRESERVATION/DISCLOSURE
You acknowledge, consent and agree that Physiq Fitness may access, preserve and disclose your account information and Content if required to do so by law or in a good-faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service. Under no other circumstances will Physiq Fitness intentionally disclose your account information to any third party.
MISCELLANEOUS TERMS
In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. Physiq Fitness reserves the right to make changes to the Website, these policies, and these Terms and Conditions of Use at any time, effective immediately upon the posting on this Website. Please check these Terms and Conditions of Use periodically. In addition, these Terms and Conditions of Use may be modified only by our posting of changes to these Terms and Conditions of Use on this Website, or by signed, written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. These Terms and Conditions of Use are the entire Agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms and Conditions of Use. These Terms and Conditions of Use will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions of Use, or to exercise any right under the Terms and Conditions of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.