In order to use the Web Site children must register with the permission of their parents, an adult supervisor of the program or be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction ("Minors") are prohibited from using the Web Site without adult supervision. Accordingly, if you are a Minor, please do not attempt to register for the Web Site or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable. If you believe that we might have any information from or about a Minor, please contact us at firstname.lastname@example.org. You represent that the information that you provide about yourself (including your age) as requested in any account registration form (the "Registration Data") is accurate and complete.
Consult a Physician
Please note that the content and services offered on the Web Site are general in nature and are provided for educational purposes. NEITHER THE CONTENT NOR ANY SERVICES OFFERED BY OR THROUGH THE WEB SITE ARE INTENDED TO BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO REPLACE THE RELATIONSHIP WITH YOUR PHYSICIAN. HEALTHMET TECHNOLOGIES INC. STRONGLY ADVISE 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 WEB SITE OR PARTICIPATION IN ANY EVENT ANNOUNCED ON THE WEB SITE.
Not all exercises or activities described on the Web Site 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 Web Site should not be used by people who have adverse medical or nutritional conditions.
By using the Web Site, you represent that you have received consent from your physician to participate in the programs, workouts and exercises described on the Web Site. 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 Web Site
We try to provide helpful and accurate information on the Web Site, but we cannot verify, endorse or vouch for the information, services or recommendations available through the Web Site. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Web Site.
You agree to: (a) maintain all equipment necessary for your access to and use of the Web Site; (b) maintain the security and confidentiality of your user identification, password and other confidential information relating to your account; (c) provide accurate, true, current and complete information about yourself, including in our trackers and calculators and promptly provide any updates necessary to keep such information accurate, true, current and complete at all times; (d) be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying us of such use and taking steps to prevent its further occurrence by changing your password; (e) not impersonate another person or entity; (f) 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; (g) not use the Web Site 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 (h) not to use the Web Site for chain letters, junk mail, "spamming" solicitations (commercial or otherwise) or bulk communications of any kind.
Membership to the site is contingent on the length of term of the contract negotiated with Healthmet Technologies Inc.
Information and Content you Submit
If you post User Generated Content in a public area of the Web Site (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 Web Site, 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.
Although we may from time to time monitor or review discussions, chats, blogs, postings, transmissions, bulletin boards and other public user pages on the Web Site (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 Healthmet Technologies Inc.
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 Healthmet Technologies Inc. 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 Web Site.
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 Web Site
The Web Site 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 Healthmet Technologies Inc. or licensors and are protected by copyright, trademark and other applicable laws.
Healthmet Technologies Inc. grant 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 Web Site. 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 Web Site or networked computer environment is prohibited.
Without limiting the foregoing, upon any termination of your account or access to the Web Site we may delete all your User Generated Content and other information in the Community Pages. If Healthmet Technologies Inc. suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account.
Modifications and Termination of Web Site
Healthmet Technologies Inc. reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Web Site (or any part thereof), with or without notice to you. You acknowledge and agree that Healthmet Technologies Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site or its services or access thereto.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE 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 WEB SITE, 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 WEB SITE AND ALL CONTENT, INFORMATION AND MATERIAL THEREON AND PRODUCTS AND SERVICES MADE AVAILABLE THEREIN, HEALTHMET TECHNOLOGIES INC. EXPRESSLY DISCLAIM 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 WEB SITE SHALL BE AT YOUR SOLE RISK. HEALTHMET TECHNOLOGIES INC DO NOT MAKE ANY WARRANTY THAT THE WEB SITE OR ITS SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE OF A CERTAIN QUALITY, OR THAT THE WEB SITE OR ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE, IF ANY, WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. YOU FURTHER 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 HEALTHMET TECHNOLOGIES INC. FROM ANY AND ALL COSTS, LOSSES, LIABILITY OR DAMAGES RESULTING FROM DOWNTIME CAUSED BY ANY OF THE FAILURES DESCRIBED OR REFERRED TO ABOVE.
Limitation of Liability
IN NO EVENT SHALL HEALTHMET TECHNOLOGIES INC,. 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 Web Site mailings.
Except as expressly provided in any product guarantee and return policy provided by us, you hereby release Healthmet technologies Inc., Innovative Fitness Franchise Corp.,(it's franchisees, 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 Web Site.
Products Purchased from Third Party Web sites
We may make certain products and services available to you through links to third party Web sites. Before you purchase any products or services through any such third party Web site, 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 Healthmet technologies Inc., Innovative Fitness Franchise Corp., 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 Web sites