WAIVER AND RELEASE OF LIABILITY
By viewing, printing, downloading or using any program, video or literary content from ENDURANCEWORKS.NET, you hereby agree to accept these terms and conditions and further agree to indemnify and hold harmless ENDURANCEWORKS, LLC, its owners, officers, directors, shareholders, employees, contractors, agents, consultants, information providers and suppliers from any accidents, injuries, or direct or indirect damages of any kind which you may experience from your fitness activities or the use of the ENDURANCEWORKS.NET website and any other ENDURANCEWORKS, LLC service. You agree that neither ENDURANCEWORKS, LLC nor its owners, officers, directors, shareholders, employees, contractors, agents, consultants, information providers and suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of ENDURANCEWORKS.NET or any programs that are made accessible to you.
You hereby release and forever waive any and all claims you may have against ENDURANCEWORKS, LLC, its owners, officers, directors, employees, contractors, agents, consultants, information providers or suppliers for losses or damages you sustain in connection with your use of ENDURANCEWORKS.NET. The total liability of ENDURANCEWORKS, LLC, and its owners, officers, directors, employees, contractors, agents, consultants, information providers and suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of ENDURANCEWORKS.NET are hereby excluded even if ENDURANCEWORKS, LLC or its owners officers, directors, employees, contractors, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. Void where prohibited by law. ENDURANCEWORKS, LLC makes no representations or warranties as to the conduct of Trainers/Coaches or their compatibility with any current or future USERS (Members or Visitors) of ENDURANCEWORKS.NET. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of ENDURANCEWORKS.NET, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings between Trainers and USERS of or any other persons you meet through ENDURANCEWORKS.NET. You agree to take reasonable precautions in all interactions with Trainers/ Coaches and other USERS, particularly if you decide to meet offline or in person.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
ENDURANCEWORKS, LLC does not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that you are solely responsible for (and that ENDURANCEWORKS, LLC has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which ENDURANCEWORKS, LLC may suffer) by doing so.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, ENDURANCEWORKS.NET DOES NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICES WILL BE UNITERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY DOCUMENTS PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENDURANCEWORKS, LLC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
ENDURANCEWORKS, LLC FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENMT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ENDURANCEWORKS, LLC AND ITS LICENSORS SHALL NOT BE LAIBLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF: (A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (B) MAKE CHANGES WHICH ENDURANCEWORKS, LLC MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (D) YOUR FAILURE TO PROVIDE ENDURACE WORKS LLC WITH ACCURATE INFORMATION; AND (E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
The Services may include hyperlinks to other web sites or content or resources, including, but not limited to, videos, webinars, training plans, exercise routines and e-books. ENDURANCEWORKS, LLC may have no control over any web sites or resources, which are provided by companies or persons other than ENDURANCEWORKS, LLC. You acknowledge and agree that ENDURANCEWORKS, LLC is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that ENDURANCEWORKS, LLC is not liable for any loss, damage or injury which may be incurred by you as a result of the availability of those external sites or resources that are provided to you, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from such web sites or resources.
These Terms of Service, and your relationship with ENDURANCEWORKS.NET under these Terms of Service, shall be governed by the laws of the State of Colorado without regard to its conflict of laws provisions. Medical Agreement
THE FITNESS, NUTRITION, AND RELATED INFORMATION AND RECOMMENDATIONS PROVIDED BY ENDURANCEWORKS.NET OR ENDURANCEWORKS, LLC ARE FOR EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED AS A SUBSTITUTE FOR MEDICAL ADVICE FROM YOUR HEALTH CARE PROVIDER. ENDURANCEWORKS, LLC IS NOT A MEDICAL ORGANIZATION. WE ENCOURAGE AND ADVISE YOU TO SEEK PROFESSIONAL MEDICAL ADVICE BEFORE BEGINNING ANY FITNESS OR NUTRITOIN EFFORT OR PROGRAM. DO NOT START A DIET OR FITNESS ROUTINE WITH US IF YOUR HEALTH CARE PROVIDER ADVISES AGAINST IT. THIS SITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS. In becoming USER of this Service, you affirm that all of the following statements are true:
(i) No physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;
(ii) You have never felt chest pain when engaging in physical activity;
(iii) You have not experienced chest pain when not engaged in physical activity at any time within the past month;
(iv) You have never lost your balance because of dizziness and you have never lost consciousness;
(v) You do not have a bone or joint problem that could be made worse by a change in your physical activity;
(vi) Your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) You do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and
(viii) Either (A) You do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of ENDURANCEWORKS.NET.
And if you are a woman, in becoming a USER of the Sites you further affirm that either (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of ENDURANCEWORKS.NET.
ENDURANCEWORKS.NET reserves the right to refuse or cancel your membership or restrict access to material if we determine that you have certain medical conditions.
You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the Service will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.
You acknowledge and agree that ENDURANCEWORKS, LLC (or ENDURANCEWORKS, LLC’s licensors) own all legal right, title and interest in and to the content and the Services provided by ENDURANCEWORKS.NET, including any intellectual property rights which subsist in the content and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with ENDURANCEWORKS, LLC, nothing in these Terms of Service gives you the right to use any of ENDURANCEWORKS, LLC’s trade names, trademarks, service marks, logos, domain names, trade dress and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by ENDURANCEWORKS, LLC you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. ENDURANCEWORKS, LLC gives you a personal, worldwide, non-assignable, royalty-free, and non-exclusive license to use the Documents (including, but not limited to, presentations, spreadsheets, handouts, exercise routines), provided to you by ENDURANCEWORKS, LLC as part of the Services as provided to you by ENDURANCEWORKS, LLC (referred to as the “Documents” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ENDURANCEWORKS.NET, in the manner permitted by these Terms of Service.
You may not (and you may not permit anyone else to) copy, modify, or create a derivative work of the Documents or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorized by ENDURANCEWORKS, LLC in writing.
Unless ENDURANCEWORKS, LLC has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Documents, grant a security interest in or over your rights to use the Documents, or otherwise transfer any part of your rights to use the Documents.
You understand that , in performing the required technical steps to provide the Services to our users, we may: (i) transmit or distribute your content over various public networks and in various media, and (ii) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit ENDURANCEWORKS, LLC to take such actions. You confirm to ENDURANCEWORKS, LLC that you have all the rights, power and authority to grant the above license. It is ENDURANCEWORKS, LLC’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. If you believe that any materials on the ENDURANCEWORKS.NET website infringe a copyright, please contact us.