GENERAL TERMS AND CONDITIONS OF IT Dynamics S.R.O. COMPANY
1.1. These General Terms and Conditions (the “Agreement”) governs the entire relationship between you the Client and the Company
1.2. Before the Distance contract is concluded, the Client will be provided with the text of this Agreement electronically or in other durable format. If this is not reasonably possible, the Company will indicate, before the Distance contract is concluded, in what way this Agreement is available for Client's review at the Company's premises and that they will be sent free of charge to the Client, as soon as possible, at the Client's request.
1.3. A Website, for the purpose of these Terms and Conditions, is a special place in the global Internet network, accessible through its unique address where a set of web pages are loaded through the user's browser upon the web address entry.
1.4 By visiting this website you hereby duly grant your full consent to be bound by the Terms and Conditions of the Site and all the other conditions, in relation to and arising from and by its use. Your consent is considered granted by using the Site, its every menu category or sub-category, section, or subsection, as well as by the emergence, development and termination of any legal relations arising from and by the use of this website.
1.5. By visiting this website, you hereby duly grant your full consent for the collection and use of your personal information for the use of the site and all relations arising from or connected with the site. By registering and using the Site, you are bound to both the current configuration of the website, and all changes to it, made in the form of additions and changes or development of new menus, categories, sections and others. Provided you do not agree with the above or do not want to be bound by the Terms and Conditions of this Site, you are not permitted to use, visit, or enter into any legal relations with the site.
1.6. The use of the Site does not grant you, as "consumers", any ownership rights over the content, data, and materials available to you through the site.
1.7. An IP address is a unique identifier, associated with a computer, website or resource of a particular visitor in a way that allows localization in the global Internet network.
1.8. THE CLIENT IS OBLIGED TO CAREFULLY READ THIS AGREEMENT BEFORE ACCEPTING IT AND USING THE SERVICES OF THE COMPANY. THE CLIENT AGREES THAT HIS/HER USE OF THE SERVICES ACKNOWLEDGES THAT THE CLIENT HAS READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREED TO BE BOUND BY IT.
2.1. Unless this Agreement provide otherwise, wherever used in this Agreement, including the introductory part, the following terms when capitalized shall have the following meanings:
• Agreement Agreement for providing Services concluded online by the Company and the Client.
• Client ("user"/"you") user of the Company's Services as explained in this Agreement.
• Company shall mean IT Dynamics s.r.o. hereinafter referred to as "Company", is a company registered in Švábska 43, 080 05 Prešov, Slovakia with business ID 52180921 registered in the Commercial Register of the Prešov District Court under sec.: Sro, enc. n.: 37750/P.
• Services/Products all the digital content and digital services available via the website. Products may be free or paid-for. Products include meal plan, e-books, workouts, recipe videos. Available Products vary depending on which country you live in. Some Products may not be available in your preferred language.
• Digital content individual digital meal plan, weight loss plans and/or other digital content sold from time to time online by the Company.
• Distance contract a contract concluded between the Company and the Client within framework of system organized for the distance sale of Digital content and/or Goods.
• Website the website of the Company.
• Subscription: a subscription model where customers are billed on a recurring basis for a specific product offering.
3. TERMS AND CONDITIONS CHANGES
3.1 This General Terms and conditions that may apply are subject to change. The Company reserves the right to modify and update the Agreement from time to time and such changes shall be effective immediately upon posting to the Company’s Website or Mobile App.
3.2. The amended General Terms and Conditions will be posted online. The Company may give notice to the Client of any upcoming changes by sending an email to the primary email address provided by the Client, or notifying through the Website or Mobile app.
3.3. The Client understands and agrees that any continued use and access to the Services after any posted updates of the Agreement, means that Client voluntary agrees to be bound by this Agreement. If Client does not agree to be bound by the updated Agreement, he/she should not use (or continue to use) the Services.
4.1 Products. The main products offered by this site are but not limited to is an individual diet and/or training plan, video recipes, training program, e-books. BY choice the client can include to their plan any available upsell products at the time of the purchase or after. All the services are digital products only and are subject to intellectual property only. The purchase of the product is not related to delivery of any physical goods. Everything purchased from the company will be sent to the provided by the customer email address.
4.2 Diet/Training plant plan. Diet/Training plan is a type of product which is generated by a custom software through an internally developed algorithm. Depending on the individual’s responses in the questionnaire a food and/or training mode is generated. The offered products may vary depending on the region of the customer.
4.3 Upsells. Optional non-personalized products and upgrades usually offered as an add-on to the main product, such as E-books, Videos, Workouts, etc.
5. ORDER, PAYMENTS, AND SUBSCRIPTIONS
Before payment the client answers the questions and based on the answers choose a necessary service for him
5.1. During the period of validity indicated in the Offer, the price for the Services being offered will not increase, except for price changes in VAT-tariffs.
5.2. The Client agrees to:
5.2.1. pay all additional costs, fees, charges, applicable taxes, and other charges that can be incurred by the Client.
5.2.2. purchase Services by using valid credit card or other allowed form of payment.
5.2.3. provide Company current, correct and comprehensive information as detailed in the purchase order form. If Company discovers or believes that any information provided by Client is not current, inaccurate, or incomplete, Company reserves the right to suspend the Service at its sole discretion and Client forfeits any right to refund paid amount.
5.3. After the Client is transferred to the third-party payment service provider, the risk of loss or damages will pass to the Client and/or third-party service. The Client’s online credit or debit card payments to the Company will be handled and processed by third party payment service provider and none of the sensitive data in relation to your payment will be stored on or used by the Company. The Company shall not be liable for any payment issues or other disputes that arise due to the third-party payment services. The Company may change the third-party payment service provider from time to time
5.4. All prices and costs are in Euro unless otherwise indicated.
5.5. The price applicable is that set at the date on which you place your order. Payment fees are recognized before confirming the purchase. If you are under 18 years old, you must have parents’ permission to buy from the Company.
5.6. All transfers conducted through the Company are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored, and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.
5.7. Your payments are processed by the Company.
5.8. Subscription. You can subscribe to a product for a different period which will give you access to the plan for the respective number of months. Due to different promotions the final price of those extended options would be shown on the final step before you finalize the purchase. The company keeps their right to change the final price of all products on their own discretion and without prior notification. Subscriptions continue indefinitely. We charge you all fees automatically on a regular basis until you cancel. This means that at the end of each billing period, we take the subscription fees for the next period.
To ensure that Client does not experience an interruption or loss of Services, the Services might be offered on automatic renewal.
5.8.1. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD.
5.8.2. Unless Client cancels the subscription, Company will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method associated with the Service in Client’s account.
5.8.3. The Company may create or change the subscription plans and the price of the Services from time to time.
5.8.4. IF CLIENT DOES NOT WISH FOR SERVICE TO AUTOMATICALLY RENEW, he may elect to cancel the subscription at least 48 hours before the end of current period, in which case, the Services will be terminated upon expiration of the then current term, unless he manually renews the Services prior to that date.
5.8.5. If Client have purchased the subscription on Companies website, Client will not be able to control it through the Apple App Store or Google Play. Instead, Client may easily cancel the subscription by logging in to the Users Account on Companies website or contacting the support team.
5.8.6. If Client have purchased the subscription through the Apple App Store or Google Play, client might cancel the subscription only through his Apple or Google Account. Client understands that deleting the app does not cancel the subscriptions.
5.9. One-time purchase. You can purchase a product through a one-time payment. The company keeps their right to change the final price of all products on their own discretion and without prior notification. We explain the on-going fees, the billing frequency and how to cancel before you buy.
5.10 Refund policy. You have the right to request for a refund for the first charge of your subscription within the first 14 days of the purchase date. All other consequent subscription charges and/or one-time payments are considered to be nonrefundable. All refunds are applied to the original method of payment. By purchasing Services, Client agrees to this refund policy and relinquishes any rights to subject it to any questions, judgment, or legal actions.
5.11. Once the refund form has been received and checked by our staff, a refund will be authorized by the same method that the payment was made. Please be advised that the refund may take up to 14 working days to reach your bank account. If the Client fails to meet the deadlines of our refund policy, we will be unable to offer a refund.
5.12 Change of subscription plan. The meal plan can be offered to you for a different period of time. Once paid, the subscription of the diet can’t be switched with subscription for a different time period.
5.13 Cancellation policy. You can cancel your subscription at any time by simply writing to our customer support through our Help center. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you terminate your paid subscription, it will remain active until the end period.
6. CLIENTS’ REQUIREMENTS
6.1. The Client warrants and agrees that while using the Site and / or the services provided on or through it, should not:
6.1.2 impersonate another person, by providing other personal details as his own;
6.1.3 try to get unauthorized access to other computer systems through the Site;
6.1.4 Collect email addresses and / or other contacts and any personal information or use any other means of obtaining lists of users or other information from or through the Site;
6.2. Collect information on a server or database connected to the Site in order to provide services;
6.3. Use the Site or the provided services in a way that would lead to overload, interruption, damage to the website;
6.4 Use the Site in a manner that violates the rights thereon;
6.5 Use the Site in a manner that violates applicable law;
6.6. Unless otherwise stated in these Terms and Conditions or online, any distribution for commercial and / or advertising purposes, publication or use of this site or any information, data or materials is strictly prohibited.
6.7. The client agrees that he/she will not use the Website in a way that would prevent other parties to use the Site.
6.8. The client agrees with communication by email and he should check his email messages regularly in case he contacts us with request and we have further questions before executing his request (such as subscription cancellation/ questions about the diet).
6.9. The communication with the client will be made in English.
7. INTELLECTUAL PROPERTIES
7.1 As between Company and Client, all intellectual property rights, including but not limited to copyright, design rights, trademark rights, patent rights and any other proprietary rights in or to related to the Services and Services-related content are owned by the Company.
7.2. It is prohibited to use the above in any products and / or services that are not related to and / or sponsored by the holders of the rights to the brand / logo.
7.3. It is forbidden to use the above in a way that might deceive consumers about the nature and quality of services. All actions through which somehow demean or discredit holders arising from registration, are prohibited.
7.4. The Client must not reproduce, disassemble, reverse engineer, decompile, distribute, publicly display or perform, or publish or otherwise make available the Services including but not limited to Digital content, in whole or in part without Company’s prior written consent.
7.5. The Client hereby grants to the Company a perpetual, irrevocable, worldwide, fully paid-up and royalty free, non-exclusive license, including the right to sublicense (through multiple tiers) and assign to third parties, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit in any way now known or in the future discovered, his/her User Content (except for User Trademarks) as well as all modified and derivative works thereof. To the extent permitted by applicable laws, the Client hereby waives any moral rights he/she may have in any User Content. “User Content” means any User Trademarks, communications, images, writings, creative works, sounds, and all the material, data, and information, that the Client uploads, transmits or submits through the Services, or that other users upload or transmit. By uploading, transmitting or submitting any User Content, the Client affirms, represents and warrants that such User Content and its uploading, transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that the Client has permission from any third party whose personal information or intellectual property is comprised or embodied in the User Content; and (c) free of viruses, adware, spyware, worms or other malicious code.
8. PERSONAL INFORMATION WHEN DEALING WITH REQUESTS
8.1 When using the Site and / or services provided on or through the Site you may be asked to provide certain personal information that later will be called "user information".
8.2. The information you provide will be used only to process your request.
8.3. You agree that the SITE shall use the information provided by you in order to contact you for the activities related to the Site and the services offered by the company.
8.4. The SITE takes no liability related to the information you provide regarding your application to any third parties.
8.5 You acknowledge that the information you provided when you using the Site is accurate and complete and undertake, if necessary, to provide the Company your current e-mail address in order to receive updated information by the SITE .
8.6. In addition, we may ask you to provide us with certain information such as age, sex, physical characteristics, sports preference, in order to adapt our services to your needs.
8.7 You acknowledge and agree that you are solely responsible for the accuracy and content of the information provided by you.
9. COLLECTING INFORMATION
9.1. The SITE collects information automatically and through the use of electronic tools that are not visible to our visitors. For example, we can register the name of your Internet Service Provider or use "cookie" technology to recognize you and hold information from your visit.
9.2. Moreover, the cookie may store your user name and password, sparing you entering this information each time you visit the Site, or may control the number of times you encounter a particular advertisement while visiting our site .
9.3. In some cases, you can choose not to provide the SITE information, for example by setting your browser to refuse to accept cookies, but if you do, you may not be able to access certain parts of the Site or you may be asked to re-enter username and password.
9.4. The SITE collects information to enhance your visit and deliver individualized content and advertising.
9.5 The SITE may use personal information collected via the Site to communicate with you regarding your preferences for products and services offered by the SITE, and other topics we think you might find interesting.
9.6 Personal information collected by the SITE, may also be used for other purposes, including, but not limited to administration of the site, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you.
9.7 The SITE may disclose your information upon a court rule or in other cases where there is reason to be required to do so by law, in connection with the collection of amounts due and / or law enforcement in case that it is appropriate or necessary.
10.1 The Site team and The Company are not responsible for late or rough handling requests, if this is due to circumstances that do not depend on us - force majeure, chance events and problems with the Internet.
10.2. The site is not responsible for damages caused to the software, hardware or telecommunications equipment or loss of data arising from materials or resources searched, loaded or used in any manner via the Site.
10.3. The Site is not responsible for whether the customer will achieve a specific result by using the provided diet as far as this circumstance depends on many more factors that are beyond the control of the Site team.
10.4. The Company is committed to protecting the security of your personal data. We use technical and organizational measures to protect your personal information from unauthorized access, theft and loss.
11.1 The contract will be concluded at the moment when the Client accepts the Offer an terms of the services
11.2 As the Client will accept the Offer electronically, the Company will confirm receipt of acceptance of the Offer electronically. In case the Client purchases Digital content, such will be provided to the Client's e-mail address provided by the Client or on the Mobile app.
11.3 IN CASE THE AGREEMENT BETWEEN THE COMPANY AND THE CLIENT CONSISTS OF DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM THE CLIENT AGREES TO LOSE HIS/HER RIGHT OF WITHDRAWAL OF THE AGREEMENT.
11.4 The Company makes reasonable efforts to ensure that Services operate as intended, however such Services are dependent upon internet and other services and providers outside of the control of the Company. By using Company's Services, the Client acknowledges that the Company cannot guarantee that Services will be uninterrupted, error free or that the information it contains will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. The Client expressly assumes the risk of using or downloading such Services.
11.5 From time to time and without prior notice to the Client, we may change, expand and improve the Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services. Any modification or elimination of the Services will be done in our sole and absolute discretion and without an ongoing obligation or liability to the Client, and the Client use of the Services do not entitle the Client to the continued provision or availability of the Services.
11.6 The Client furthermore agrees that:
11.6.1 he/she shall not access Services if he/she is under the age of 18;
11.6.2 The Client will deny access of Services to children under the age of 18. The Client accepts full responsibility for any unauthorized use of the Services by minors.
12. RIGHT OF WITHDRAWAL FROM CONTRACT
12.1 The client has the right to withdraw from the contract within 14 days under the Law on Consumer Protection namely:
• If the trader has not provided the client with the information on the right of withdrawal before signing the contract.
• The right of withdrawal allows the client to return the purchased goods without compensation or penalty and whether the provided product or service is delivered properly.
• Within 14 days of withdrawal the trader should reimburse all payments received from the consumer, including delivery costs.
• If the purchase was not downloadable and non-refundable.
• The client agrees to lose the right of withdrawal 14 days after the registration on the website..
Note for the EU residents: If you are an EU resident, you have the right to withdraw from agreement for purchase of digital content without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion. The withdrawal right does not apply if the performance of the agreement has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal. YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU. Therefore, you will not be eligible to a refund, unless the digital content is defective.
13. RIGHT OF USE
13.1. To use the site, you must be 18 years or of legal age in your country to which you are entitled to enter into independent contracts if that age is more or less than 18 years for your country.
13.2. Persons who are under 18 or under the legal age, which allows separate contract (“Minors") are forbidden to use the Site.
13.3. If we become aware of information received from minors will delete it as soon as possible as the Company is not responsible for any damages due to incorrect information submitted by the user.
13.4. If you have data information located or brought on Site by minors, please contact us by e-mail email@example.com. You are responsible that the information provided by you (including age) entered in the Site, is accurate and complete.
13.5 The Site cannot be used by people who have health or nutritional problems.
13.6 The Site cannot be used by people who have adverse health, health issues or people who have a problem with diets.
13.7. You may access and browse the Site on your computer or other device, unless otherwise indicated in these Terms and Conditions or the website.
13.8. Prints from the Site should be used for your own personal use, unless otherwise provided in the Terms and Conditions, the use of services is only for your personal use.
13.9. The company keeps the right to stop the access to the meal plan and VIP subscription in case violation of the general conditions or in case of chargeback from the client.
14. AGENCIES, COMPANIES, OR ORGANIZATIONS
14.1 You declare that you use the website as intended, as described in these Terms and Conditions.
14.2 If you register or use the Website on behalf of a company or organization you declare that you have the necessary rights given to you by your employer to bind to the said "Terms and Conditions".
14.3 If you are using the Site on behalf of a company and earn money through this, you are obliged to inform the Company immediately.
14.4 The content located on the site is for information only and is not intended to replace the contact to your doctor or another healthcare professional.
14.5 We are not a licensed medical entity to provide medical care and do not have the necessary education to determine diagnoses, analysis, or treat medical problems of any kind, even if we have a qualified team with the necessary knowledge and skills, respectively we cannot predict the effect of a diet on a person with a problematic health or the occurrence of any side effects in humans with good health.
14.6 The Clients shall always consult a doctor before starting a diet, fitness program, changing current diet or if there are any questions relating to your health.
14.7 The Client is obliged to observe professional medical advice and not to delay seeking such because of information obtained from the Site requires you to consult a doctor before starting an individual diet and / or exercise program and / or diet that you received as a result of information available on the Site.
14.8 The Client declares that he/she is aware that not all diets and workouts on the website are appropriate for each individual.
14.9 The Client declares that he/she is aware that, when included in a training program or by following an individual or other diet, the risk of physical injury, impaired health and / or death is possible.
14.10 The Client declares that upon any discomfort, pain or other problems, he/she shall immediately stop the diet and if he/she does not stop it, the Site is not responsible therefore for his/her action or inaction.
14.11 By using this Site you certify that you have received your doctor's approval to join weight loss programs through individual diet, workouts and exercises found on the site.
14.12 The site is not responsible for any health problems that can be obtained from the use of a diet that you received through the services provided by the Site.
14.13 If you start to follow an individual diet provided by the Site, you agree that you do so at your own risk.
15. SITE CONTENT
15.1. We are not liable for the accuracy, reliability, results and proper use of information obtained through the Site. Using information provided by employees of the the Company, and other people associated with the Site (associates) or visitors, is entirely your own risk.
15.2. We reserve the right at all times to disclose information that is essential for the criminal prosecution and / or to resolve a legal dispute.
15.3. All content on this site, including tests, pictures and other information is protected by Law on Copyright and Neighboring Rights with all due legal consequences.
15.4. The Client has no right to print or copy information from a separate site for its use for commercial or other purposes, which may violate the rights granted to us by law.
16.1. The Client will indemnify and hold the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys` fees, made by any third party due to or arising out of Client’s breach of this Agreement or use of the Services, or Client’s violation of any law or the rights of a third party in conjunction with Client’s breach of this Agreement or use of the Services.
17. MEDICAL DISCLAIMER
17.1. BEFORE TRYING SERVICES BY THE COMPANY, THE CLIENT SHOULD CONSULT WITH HIS/HER HEALTHCARE SERVICE PROVIDER.
17.2. The Company clearly state that it is not a medical organization and cannot give the Client any medical advice, diagnosis or assistance. Nothing within Services by the Company is associated with, should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance, or used, referred to instead of seeking appropriate medical advice or assistance from health care providers. The Client is solely responsible for evaluating and assessing his own health.
17.3. The Company encourage the Client to seek appropriate medical advice or assistance before using Company's Services.
17.4. The Client should not disregard medical advice or delay visiting a medical professional because of something Client read on the Company’s website or Mobile app, or on other Companies communication channels.
18.1. A party shall be released from responsibility for non-fulfilment of the Agreement if it proves that this Agreement was not fulfilled due to force majeure. In particular, the Company shall not be liable for any losses caused by force majeure, riot, war or natural events or due to other occurrences for which the Company is not responsible (e.g. strike, lock-out, traffic hold-ups, administrative acts of domestic or foreign high authorities). The Client must provide written notification of the occurrence of force majeure, which prevents the fulfilment of this Agreement, within 30 calendar days from the date of the occurrence of these circumstances. The Company shall inform the Client about the occurrence of force majeure by e-mail or on the Website or Mobile app if possible.
18.2. The liability of the Company is limited to direct losses, unless otherwise provided under the applicable laws.
18.3. Due to the nature of Services that the Company provides and as the Company cannot control the Client’s adherence to the provided use instructions, the Company provides no warranty as to any results or outcomes coming from using Services.
18.4. When using Services, the Client may receive links to other websites or mobile apps that are not owned and/or controlled by the Company. These are provided “as is”. The Client acknowledges and agrees that the Company is not responsible for the operation of such links. Furthermore, the Company is not responsible or liable for any content, advertising, products or other materials that may be accessed through such links and therefore the Client agrees that the Company shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, services available on or through any such websites or mobile apps.
20. APPLICABLE LAW
20.1 Persons using the site and the provided services on the territory of another country, make it on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
20.2 For all outstanding issues arising from these Terms and Conditions the US legislation shall apply and all disputes arising from the interpretation, invalidity or termination shall be resolved by the competent US court. These Terms and Conditions and the relationship between us and you are as per the laws of the United States of America.
21.1. No person other than the Client shall have any rights under this Agreement.
21.2. Client may not assign any rights under this Agreement to any third party without the prior consent of the Company. The Company at its sole discretion may assign its rights and obligations under this Agreement in full or in part to any third party.
21.3. Any dispute under this Agreement or otherwise in connection with the Services shall be brought to the courts of Slovakia, except where prohibited by the applicable laws.
21.4. If any part of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law.
21.4. If any part of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law.
21.5. By using or accessing the services, Client hereby acknowledges that he/she has read this agreement, understood it, and agrees to be bound by its terms and conditions.
22.1 THE COMPANY DOES NOT OFFER OR PROVIDE ANY KIND OF MEDICAL ADVICE, HEALTH INSURANCE OR OTHER HEALTHCARE SERVICE, INCLUDING WITHOUT LIMITATION, ANY COUNSELING, TESTING, EVALUATION, PRESCRIPTION, PROCEDURE OR THERAPY RELATED TO EXERCISE, NUTRITION, WEIGHT LOSS OR WELLNESS OR RELATED TO THE AVOIDANCE, PREVENTION, DIAGNOSIS OR TREATMENT OF ANY INJURY, ILLNESS, DISEASE OR CONDITION (COLLECTIVELY, “HEALTHCARE SERVICES”)
22.2 THE SERVICE MAY NOT BE APPROPRIATE FOR ALL PERSONS AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES. THE SERVICE IS INTENDED ONLY AS A TOOL, WHICH MAY BE USEFUL IN ACHIEVING YOUR OVERALL HEALTH AND FITNESS GOALS. YOU ACKNOWLEDGE THAT YOUR EXERCISE ACTIVITIES INVOLVE RISKS, WHICH MAY INVOLVE RISK OF BODILY INJURY OR DEATH, AND THAT YOU ASSUME THOSE RISKS. BEFORE ACCESSING OR USING THE SERVICE AND AGREE TO RELEASE AND DISCHARGE THE COMPANY FROM ANY AND ALL ACTION, KNOWN OR UNKNOWN, ARISING OUT OF YOUR USE OF THE SERVICE.
22.3 WE MAKE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCE, AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL. THE TESTIMONIALS AND EXAMPLES THAT MAY BE PROVIDED ON THE SERVICE ARE EXCEPTIONAL RESULTS, WHICH DO NOT APPLY TO AN AVERAGE PERSON, AND ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR SIMILAR RESULTS. THERE IS NO ASSURANCE THAT EXAMPLES OF PAST FITNESS RESULTS CAN BE DUPLICATED IN THE FUTURE. WE CANNOT GUARANTEE YOUR FUTURE RESULTS AND/OR SUCCESS. NOR CAN WE GUARANTEE THAT YOU MAINTAIN THE RESULTS YOU EXPERIENCE IF YOU DO NOT CONTINUE FOLLOWING OUR PROGRAMS.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
23.1 Using the Service, sending us emails, and completing online forms constitute electronic communications, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and at the Service, satisfy any legal requirement that such communication be in writing.
23.2 YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE.
23.3 You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
In case you have any questions, you may contact us through the contact form or at firstname.lastname@example.org.