You should consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.
This site offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.
Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.
If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
1. The Website and Services is for Informational Purposes Only and Does Not Provide Medical Advice. The Website and Services offer health, fitness and nutrition related information, but are designed for non-commercial, informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE WEBSITE OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR THROUGH THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE WEBSITE OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Website or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Website or through the Services and no assurance can be given that the information contained in the Website or the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Website and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of any affiliate of Rezist Fitness. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Website or Services. If you rely on any of the information provided by this Website or the Services you do so solely at your own risk.
2. User Obligations. You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Website and Services. You also acknowledge and agree that your use of the Internet and access to the Website is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Rezist Fitness is not responsible for the security of any information transmitted to or from the Website. Rezist Fitness reserves the right to prohibit or terminate use of or access to the webWebsite at any time, without notice, for any reason whatsoever.
3. License Grant. This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the webWebsite conditioned on your continued compliance with these TOU. You may print and download materials and information from the Website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
4. Prohibited Activities. The Website and the Services are not intended for children under the age of 13 and children under 13 should not use the Website or the Services. You acknowledge and agree that the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Rezist Fitness or our content providers. Unless otherwise specified in writing, the Services are for your personal and non-commercial use. In connection with your use of the Website and/or the Services, you acknowledge and agree that you will not: 1. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Website or the Services; 2. Access the Website or Services by any means other than through the standard industry-accepted or Rezist Fitness-provided interfaces; 3. Post or transmit any material that contains a virus or corrupted data; 4. Delete any author attributions, legal notices or proprietary designations or labels; 5. Violate any applicable local, state, national or international law, rule or regulation or use the Website and/or the Services for any purpose that is prohibited by these TOU; 6. Manipulate or otherwise display the Website and/or the Services by using framing or similar navigational technology; 7. Register, subscribe or unsubscribe any party for any Rezist Fitness product or service if you are not expressly authorized by such party to do so; 8. Use the Website or the Services in any manner that could damage, disable, overburden or impair Rezist Fitness's servers or networks, or interfere with any other user's use and enjoyment of the Website and/or the Services; 9. Gain or attempt to gain unauthorized access to any of the Website, Services, accounts, computer systems or networks connected to Rezist Fitness through hacking, password mining or any other means; 10. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or the Services or harvest or otherwise collect information about other users without their consent; 11. Use the Website in any manner that could damage, disparage, or otherwise negatively impact Rezist Fitness. In addition, you agree to comply with our Posting Guidelines below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY REZIST FITNESS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
5. Commercial Transactions. Certain products or services may be offered for sale on the Website or through the Services. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by Rezist Fitness or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing Rezist Fitness with your credit card number and associated payment information, you agree that Rezist Fitness and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Services and/or purchase of products. In the event that access to an applicable Service requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice your account at the beginning of each recurring period. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify Rezist Fitness of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys' fees.
6. Linking to the Website. We reserve the right to disallow you to link to the Website at any time in our sole discretion. If we exercise such right, you agree to immediately remove and disable any and all of your links to the Website. In the absence of a written agreement with us specifying how you may link to the Website, use the following guidelines for adding one or more links to the Website from your Website:
- • The link must be a text-only link that clearly includes the URL of the applicable Site;
- • The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our good name and trademarks;
- • The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by us;
- • The link, when activated by a user, must display the Site full-screen and not within a "frame" on the linking Website and linking may not trigger any interstitial or pop-up or pop-under windows; and
- • The link may not be used in connection with or appear on a Website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.
8. Disclaimer of Warranties. THE WEBSITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE WEBSITE AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, REZIST FITNESS, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE WEBSITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, WEBSITE OR SERVER(S) ON WHICH THE WEBSITE OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE WEBSITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN.
9. Limitation of Liability. NEITHER REZIST FITNESS NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE WEBSITE AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE WEBSITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE WEBSITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE WEBSITE AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE WEBSITE AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE WEBSITE AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF REZIST FITNESS OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE WEBSITE AND/OR SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
10. Indemnification. You agree to indemnify, defend and hold Rezist Fitness and its Licensors, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these TOU; and (ii) your access or use of the Website or the Services.
10. Copyright Policy. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Rezist Fitness infringe your copyright, you or your agent may send to Rezist Fitness a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Rezist Fitness actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Rezist Fitness a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- • Identification of the copyrighted work that you claim has been infringed;
- • Identification of where the material that you claim is infringing is located on the Site or Service reasonably sufficient to permit us to locate the material;
- • Information reasonably sufficient to permit us to contact you, such as your address, telephone number and, if available, your email address;
- • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
10. Jurisdictional Issues. Rezist Fitness makes no representation or warranty that the content and materials on the Website or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Website or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Rezist Fitness reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Website or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
10. Termination. You agree that Rezist Fitness, in its sole discretion, may terminate your use of the Website or Services, and remove and discard any content within the Website or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
11. Governing Law. These TOU and the relationship between you and Rezist Fitness shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You and Rezist Fitness irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the State of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
12. Waiver and Severability. The failure of Rezist Fitness to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.
13. Successors and Assigns. We may perform any of our obligations or exercise any of our rights under this TOU through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If Rezist Fitness or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this TOU. You may not assign your rights or obligations under this TOU, by operation of law or otherwise, without our prior written consent.
14. Updates. We may modify these TOU at any time, as we deem appropriate. If you disagree with the changes to the TOU, you must discontinue your use of the Website and Services. Your continued access or use of any of the Website or Services following such notice signifies your acceptance of the modified TOU. It is your responsibility to review the TOU regularly to be aware of such modifications. We reserve the right to modify or discontinue the Website or Services with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Website or Services. If you object to any such changes, your sole recourse will be to cease access to the Website or Services. Continued access to the Website or Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Website or Services as so modified and your use of new Services will be governed by these TOU.