1. The Site Does Not Provide Medical Advice.
a. The contents of the Site, such as text, videos, graphics, images, information obtained from the Company’s licensors, and other material contained on the Site (the “Content“) are for informational and educational purposes only. Diagnosis or treatment of other health issues, training programs, or fitness programs should only be made by your doctor or other professional.
b. The Content is not intended to be a substitute for professional medical advice, medical diagnosis, medical treatment, fitness advice, or training advice. Always seek the advice of your physician or other qualified provider with any questions you may have regarding a medical, health, or fitness condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
c. Please be responsible and use your best judgment and common sense. The Site and the Content are for informational purposes only, and you agree to not hold the Company liable if you get injured or do not obtain your medical, fitness, or training goals.
d. If you think you may have a medical emergency, call your doctor or 911 immediately. The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Company, others appearing on the Site at the invitation of the Company, or other visitors to the Site is solely at your own risk.
2. Limitations of Use
a. You must be at least 18 years of age to view the Site or the Content. If you are under the age of 18, you acknowledge that you have the consent of a parent or legal guardian to view the Site or the Content. If you are under the age of 18, you should consult with your parents or legal guardian before following any guidance stated in the State.
4. Use of the Content
5. Disclaimer of Warranties
a. THE USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK. WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF THE COMPANY. ACCORDINGLY, THE COMPANY ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.
b. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
c. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:
(1) THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE;
(2) THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON DRUG PRODUCTS, SUPPLEMENTS, HERBS, OR OTHER MEDICAL PRODUCTS; OR
(3) THE CONTENT OR ANYTHING STATED ON THE SITE WILL MEET YOUR NEEDS, HEALTH GOALS, TRAINING GOALS, OR ANY OTHER GOALS YOU MAY HAVE.
d. ANY STATEMENTS MADE REGARDING PRODUCTS OR ADVICE STATED ON THE SITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THE EFFICACY OF THESE PRODUCTS AND ADVICE HAVE NOT BEEN CONFIRMED BY FDA-APPROVED RESEARCH. PLEASE CONSULT YOUR HEALTHCARE PROFESSIONAL ABOUT POTENTIAL INTERACTIONS OR OTHER POSSIBLE COMPLICATIONS BEFORE USING ANY PRODUCT OR FOLLOWING ANY ADVICE STATED ON THE SITE.
6. Limitation of Liability.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (V) ANY ERRORS OR OMISSIONS IN THE CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VI) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
c. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE COMPANY (IF ANY) HEREUNDER.
d. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8. User Submissions
b. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Site, the Company assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.
9. Advertisements, Searches, and Links to Other Sites
The Company may provide links to third-party web sites. The Company also may select certain sites as priority responses to search terms you enter and the Company may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. The Company does not recommend and does not endorse the content on any third-party websites. The Company is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. The Company does not endorse any product, service, or treatment advertised on the Site.
10. Use Outside of the United States
The Company is based in Kirkland, Washington, in the United States of America with principal offices in Kirkland, Washington. The Company makes no claims that the Company, the Site, and Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Company Content or the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
a. You expressly agree that exclusive jurisdiction for any dispute with the Company, or in any way relating to your use of the Site, resides in the courts of the State of Washington and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Washington in connection with any such dispute including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
12. Notice and Takedown Procedures; and Copyright Agent
a. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting the Company’s copyright agent (identified below) and providing the following information:
(1) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(2) Identification of the material that you believe to be infringing and its location.
(3) Please describe the material, and provide the Company with its URL or any other pertinent information that will allow the Company to locate the material.
(4) Your name, address, telephone number and (if available) e-mail address.
(5) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
(6) A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
(7) A signature or the electronic equivalent from the copyright holder or authorized representative.
The Company’s agent for copyright issues relating to the Site is as follows:
Pujol Enterprises LLC
Email: [email protected]
13. Complete Agreement
Last updated on February 1, 2019