Please read this disclaimer and terms of use very carefully before using this website. By using Workoutvillage.com you are indicating that you have read, acknowledged and accepted this disclaimer and herein terms and conditions of use regardless of whether or not you purchase goods or subscribe to services available on Workoutvillage.com. If you do not agree to the following disclaimer and terms of use, please do not use Workoutvillage.com.
By using this website you expressly agree that you are using it at your sole risk. Neither Workoutvillage.com nor any of its affiliates, owners, members, or advertisers associated with our site guarantee that the site will be uninterrupted or error-free. We disclaim any responsibility for, and if you subscribe to the fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or technology that underlies the site, failure of our service providers, computer viruses, natural disasters or other destruction or damage facilities, or any other cause beyond our responsibilities. Additionally, we do not make any warranty or guarantee (rather expressed or implied) on the results that may be obtained from the information or products located on Workoutvillage.com. We also make no guarantees on the reliability or accuracy of any information, content, service or product provided through Workoutvillage.com.
Any and all information presented by Workoutvillage.com, including all articles were prepared using sources that are believed to be accurate and reliable. However, there should be no implied guarantees. Any information on this site specifically pertaining to medical and health issues, products and treatments should not be considered as scientific fact and are for informational purposes only. In no way, shape or form should any information found on Workoutvillage.com be construed as medical advice. The information found herein should never supersede information provided by a medical professional.
Registering to this site is void where prohibited. This site is intended solely for users who are eighteen (18) years of age or users who have obtained the permission of their parent or legal guardian. Any registration by, use of or access to the site by anyone under eighteen (18) without the permission of their parent or legal guardian is unauthorized, unlicensed and in violation of these Terms of Use. By using the site, you represent and warrant that you are eighteen (18) or older or that your parent or guardian has registered you on Workoutvillage.com and has expressly given you permission and that you agree to abide by all of the terms and conditions of this Agreement.
Workoutvillage.com claims no responsibility from any and all damages that may result from your usage of our site, its contents, products and any information contained herein. You understand that exercise may be a risk to your physical health and safety if not done properly. You further understand that Workoutvillage.com strongly recommends that you seek the advice of a licensed medical professional before beginning, modifying or adding onto your health and fitness program or undertaking any food or diet program, rather or not such program is recommended by Workoutvillage.com. You understand that neither Workoutvillage.com nor the advice of any Workoutvillage.com personnel is a substitute for medical advice.
If you are pregnant, diabetic, have a heart condition, or have any injuries, disabilities or other medical condition, you certify that you have your physician’s permission to begin a diet and/or exercise program. You are aware and acknowledge that exercise and exercise programs as with any physical activity involve risk of injury, and you expressly assume such risk. You certify that you will start slowly and take care not to exceed your capabilities when exercising. In exchange for being able to use the site, you promise not to sue, and hereby release and discharge Workoutvillage.com, its affiliates, and any Workoutvillage.com personnel working for Workoutvillage.com from any future claims, demands, or actions arising from your use of the site or from your exercise. As such, you agree and understand that if you are injured while exercising, you will be solely responsible for all medical costs, damages, and out-of-pocket expenses, and any claims must be satisfied through your personal health insurance or assets. You understand that this release shall be continual and remain in effect so that any time you use the site, you agree to release the parties as set out above. You acknowledge the significance and consequences of this release and represent that the terms of this release are fully understood and voluntarily accepted by you.
By using this Internet Web Site, you agree to indemnify, defend and hold Workoutvillage.com, its agents, assigns, subsidiaries, employees, licensees and officers (“related entities”) harmless from and against any action, suit, claim, loss, injury, damage, cost or expense (including attorneys’ fees) incurred by related entities in connection with any claim, including but not limited to clams for defamation, violation of rights and/or privacy, copyright infringement, or trademark infringement arising from your use of our site; any use or alleged use of your account or password by any person, whether or not authorized by you; your connection to our site, your violation of these Terms; or your violation of the rights of any other person or entity. You acknowledge that you have had the prior opportunity to, and have, consulted a physician before entering into this agreement. You hereby agree to hold Workoutvillage.com, together with all its related entities, harmless for any action, suit, claim, loss, injury, or damage arising from any and all injuries sustained arising out of your subscription.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Your use of our internet site or any products or services offered on the site (the “Services”) is subject to these Terms of Use (these “Terms”). We may modify these Terms at any time without notice to you by posting revised Terms, including any modifications that we make.
Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
Unauthorized access to our site is a breach of these Terms and a violation of the law. You agree not to access our site by any means other than through the interface that is provided by Workoutvillage.com for use in accessing our site.
Use of our site is subject to laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court or law enforcement requests relating to your use of our site.
Limitation of Liablility:
Under absolutely no circumstances should any party (including other users) involved in creating, providing, distributing, or endorsing content, whether it be articles, pictures, information or otherwise, be liable for any direct, indirect, incidental or consequential damages for any harm that is inflicted upon you by failing to seek and/or heed the advice of a licensed medical professional. This includes any restitution and payments for lost wages, medical bills, attorney fees, etc., even if you have been advised of the possibility of such damages.
By using our sites you agree to indemnify and hold us and anybody affiliated with Workout Village, LLC harmless from any claim or demand, including attorney’s fees made by content, violation of this Disclaimer, etc.
Third Party Sites, Products and Services:
Our site contains links to other internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
We do not sell or license any of the products or the services that we review, list, or advertise on our sites and we disclaim any responsibility for or liability related to them. Your correspondence with third parties are solely between you and that third party. You agree that we will not be responsible for any loss or damage incurred as a result of your transactions with third parties.
Fee Based Services:
Some of the services require you to pay a fee. You agree to pay all fees and charges that you incur. All currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining any fee or charge, or institute new fees. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
Your Conduct on our Sites:
If we request registration information from you, you will provide us with true, accurate, current and complete information. You will promptly update your registration to keep it accurate and current. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
The technology and the software underlying our sites and the Services is the property of Workoutvillage.com. You agree not to copy, modify, distribute or otherwise transfer any right to the technology or software underlying our site or the services. You agree not to modify the software underlying our site or to use modified versions of such software for the purpose of obtaining unauthorized access to our site.
You agree to use our bulletin board services, chat areas, forums and message or communication facilities (the “Forums”) only to send and receive messages and material that are proper and related to the particular forum.
If you choose a username that in our discretion is obscene, indecent or abusive, we reserve the right at any time and for any reason without giving you notice to restrict, suspend or terminate your access, change or discontinue your service, refuse or remove any material that you submit, deactivate or delete your account and information. You agree that we will not be liable to you or any third party for taking any of these actions.
You understand that our services may include communication such as advertisement or messages. You will not be able to opt out of receiving these messages.
You understand that except for advertising programs offered by us on the site all products, services available through the site and the site itself is available solely for your personal, non-commercial use. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on the site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use the site to:
Harvest or collect e-mail addresses or other contact information of other users from the site by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communication;
Use of this site in any unlawful manner or in any other manner that could damage, disable, over burden or impair the site;
Use automated scripts to collect information from or otherwise interact with the site;
Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, racially, ethnically or otherwise objectionable;
Upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that : (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
Register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
Upload, post, transmit, share, store or otherwise make publicly available on the site any private information of any third party, including , addresses, phone numbers, e-mail addresses, social security numbers and credit card numbers;
Solicit personal information from anyone under eighteen (18) or solicit passwords or personally identifying information from anyone from commercial or unlawful purposes;
Upload, post , transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt , destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Intimidate or harass another;
Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Use or attempt to use another’s account, service or system without authorization from Workoutvillage.com or create a false identity on the site;
Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Workoutvillage.com, is objectionable or which restricts or inhibits any other person from using or enjoying the site , or which may expose Workoutvillage.com or its users to any harm or liability of any type.
Termination:
Workoutvillage.com may terminate your membership, delete your profile and any content or information that you have posted on the site or through any platform application and/or prohibit you from using or accessing the site or any platform application (or any portion, aspect or feature of the site or any platform application) for any reason, or no reason, at any time and at sole discretion, with or without notice, including if it believes that you are under eighteen (18) and have not obtained the permission of your parent or legal guardian.
Governing law, venue, and jurisdiction:
By visiting or using the site, you agree that the laws of the state of Wisconsin, without regard to principles of conflict of laws, will govern these terms of use and any dispute of any sort that might arise between you and Workoutvillage.com or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth in this agreement), you agree to commence or prosecute any action in connection therewith in the state of Wisconsin, Milwaukee County, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum conveniens with respect to, venue and jurisdiction.
Other:
These terms of use constitute the entire agreement between you and Workoutvillage.com regarding the use of the site, superseding any prior agreements between you and Workoutvillage.com relating to your use of the site. The failure of Workoutvillage.com to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. If any provision of these terms of use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
Content on our Sites:
All materials published on our site including, but not limited to written content, photographs, images, illustrations, marks, logos, sounds and video clips are protected by our copyrights and trademarks. You may not modify, publish, transmit, sell, reproduce, create, distribute, display or exploit any of the materials or content on our sites.
You are solely responsible for all materials that you upload, post, e-mail or transmit on our site (“Your Content”). You certify that you own all intellectual property rights in Your Content. You hereby grant us irrevocable, royalty-free, nonexclusive, license to use, reproduce, distribute, display, transmit and publish Your Content for the purpose of displaying, distributing, and storing Your Content in a remote database accessible to end users for a charge.
Arbitration:
Workoutvillage.com may elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Milwaukee, Wisconsin and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek an interim or preliminary relief from a court of competent jurisdiction in Milwaukee, Wisconsin, necessary to protect the rights or the property of you or Workoutvillage.com or its agents, suppliers or subcontractors, pending the completion of arbitration.
