Workoutz.com Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEOFRE USING THIS WORKOUTZ.COM WEBSITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTHBELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS, YOU SHALL NOT ACCESS OR USE THIS SITE.
CHANGES TO TERMS AND CONDITIONS
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
COPYRIGHT AND TRADEMARKS
This site is owned and operated by workoutz.com.
This site contains copyrighted materials, trademarks, and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by workoutz.com, and its licensors or other owners as indicated on this website.
You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of this site in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.
All trademarks, service marks and trade names of workoutz.com, used in the site are trademarks or registered trademarks of workoutz.com.
Our Services are not designed for use by children. By using workoutz.com, or purchasing any of the Services offered here, you agree and warrant that you are 18 years old or older.
LIMITATION OF LIABILITY
Any and all information provided on this web site is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non infringement or arising from a course of dealing, usage trade or practice. Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you. In addition, the materials contained in this site could contain technical inaccuracies or typographical errors. Changes are periodically added to the information herein. workoutz.com uses reasonable efforts to include accurate and timely information on this site and periodically updates the information without notice. However, workoutz.com makes no warranties or representations as to the accuracy or completeness of such information, and workoutz.com assumes no liability or responsibility for errors or omissions in the content of this web site. Your use of this web site is AT YOUR OWN RISK. Under no circumstances and under no legal theory shall workoutz.com be liable to you or any other person for any direct, indirect, special, incidental, exemplary, or consequential damages arising from your access to, or use of, this web site. workoutz.com also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing within this site, or your downloading of any materials, data, text, images, video, or audio from this site. In no event shall workoutz.com be liable for any incidental or consequential damages, lost profits, or lost data or any indirect damages, even if workoutz.com has been informed of the possibility thereof.
MEDICAL WARNING, DISCLAIMER, AND RELEASE
The content of workoutz.com is provided for education and information purposes only. While obtained from sources that workoutz.com believes to be reliable, workoutz.com does not guarantee the accuracy of, or assume any liability for, the content of any articles, product descriptions or other materials on the site. workoutz.com does not guarantee or warrant any specific test, product, or procedure presented on the site, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATED THERETO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Reliance upon any information or use of any products presented on the workoutz.com site is solely at your own risk. Neither the content of, nor any service offered on or through workoutz.com, should be relied upon for medical diagnosis, treatment or as a substitute for professional medical advice. workoutz.com is not engaged in the rendering of medical advice or services. Never disregard medical advice or delay seeking such advice because of something that you read on workoutz.com.
By your use of this site, you certify that (1) you have read and agree to the above terms; (2) you have received consent from your physician to participate in these activities and use these products; (3) acknowledge that you do so voluntarily and at your own risk; and (4) agree to release and relieve workoutz.com of any and all liability for any injuries, claims, or damages arising out of your use thereof.
workoutz.com does not warrant that the content will be uninterrupted or error free, does not warrant that defects will be corrected, and does not warrant that the servers that host this site are free of viruses or other harmful components.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS SHALL NOT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA, OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. WE FURTHER DISCLAIM ANY LIABILITY CAUSED BY ANY AND ALL NEGLIGENCE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS SITE.
You agree to indemnify and hold workoutz.com and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, contractors, and subcontractors, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of any password(s) you are given to access the site, and are fully responsible for all activities that occur under your password(s). You agree to notify workoutz.com immediately of any unauthorized use of your password(s).
workoutz.com is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this site, you agree that you will not use this site or the information or software contained in it for any purpose that is unlawful or prohibited by the terms and conditions listed.
LINKS TO OTHER SITES
The site, or third parties on the site, may provide links to other sites and/or resources, including advertisers, over which we have no control. These links are provided solely as a convenience to users of the site and should not be construed as an endorsement by us of content, items, or services on those third-party sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. We make no representations or warranties with respect to the content, personal information collection practices, ownership, or legality of any such linked sites. You agree that we have no responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products, or other materials available through such sites or resources.
We shall have no liability to you for any loss or damage suffered by you as a result of linking to any site from workoutz.com to the maximum extent permitted by law.
Your use of this site shall be governed in all respects by the laws of the State of Arizona, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of workoutz.com, products) shall be in the state or federal courts located in Maricopa County, U.S.A. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of workoutz.com products) must be commenced within one (1) year after the claim or cause of action arises. workoutz.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. workoutz.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. workoutz.com may modify these Terms and Conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.
RESERVATION OF RIGHTS
workoutz.com reserves to itself any and all rights not expressly granted herein.