Term of Use
Access to this site:
You agree to use this site only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the site in any manner that might interfere with the rights of third parties. To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources and to terminate or suspend your access at any time, without notice.
Restrictions on use:
1. Intended Purpose. The Activities contain certain proprietary sequences that have been developed by Company. Using the Products for any purpose other than its intended use is prohibited.
2. Software. The Company may make certain content, software, or other media available to me in connection with the Activities. The content, software, and any other media including all files and images contained in or generated by the content, software, and/or any other media and accompanying data (collectively, "Software") are deemed to be licensed to me by Company, for my personal, noncommercial, home use only. The Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. I may not sell, redistribute, or reproduce the Software, nor may I decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and I may not copy or use them in any manner.
3. Purchases are final. All purchases are final sale and may not be returned or exchanged. Notwithstanding the foregoing, if the Products are damaged in transit to me, I may request a replacement from Company within seven (7) calendar days from the date of delivery. A replacement will be provided only if the Company grants the request and the Products are returned to the Company in accordance with the Company’s specifications at the time.
4. Not Intended to Treat or Cure. I UNDERSTAND AND ACKNOWLEDGE THAT NO EMPLOYEE, OFFICER, OWNER, AGENT, OR OTHER REPRESENTATIVE OF THE COMPANY IS A LICSENSED MEDICAL PRACTITIONER OR HAS REPRESENTED TO ME THAT THE ACTIVITIES ARE INTENDED TO TREAT OR CURE ANY MEDICAL CONDITION.
5. No Guaranteed Outcome. I ACKNOWLEDGE AND UNDERSTAND THAT THE SAFETY, EFFECTIVENESS, OR EFFICACY OF THE SERVICES HAVE NOT BEEN REVIEWED OR APPROVED BY ANY INDEPENDENT THIRD PARTY, INCLUDING ANY GOVERNMENTAL AGENCY OR BODY. THE SERVICES ARE NOT MEANT TO TREAT OR CURE ANY DISORDER, DISEASE, OR HEALTH ISSUE. ANY CLAIMS MADE BY COMPANY WITH RESPECT TO THE HEALTH BENEFITS OF THE SERVICES ARE THE OPINION OF THE COMPANY ONLY, AND ARE NOT A GUARANTEE OF ANY PARTICULAR OUTCOME.
6. Assumption of Risk. I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES MAY INVOLVE THE INHERENT RISK OF DISCOMFORT, INJURY, DEATH, AND/OR
PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF ANY RISKS INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE. I UNDERSTAND THAT THE ACTIVITIES AND USE OF THE PRODUCTS ARE MERELY A SUGGESTION AND, TO THE EXTENT I FOLLOW THE INSTRUCTION AND ENGAGE IN THE ACTIVITIES, I DO SO VOLUNTARILY AND UPON MY OWN JUDGMENT.
7. Health and Safety Disclosure. I understand and acknowledge that I have been advised by Company to consult with a physician or any other appropriate health care professional prior to engaging in the Activities. I have also been advised to consult with the appropriate professional prior to engaging in the Activities if I am pregnant or have any mental or physical health concerns or conditions. I further acknowledge that I have not informed the Company of any health conditions that would reasonably prevent my participation in the services, and that by failing to make such disclosure, I am assuming all associated health risks related thereto.
8. Express Waiver. I hereby expressly waive and release any and all claims I may have, or which I may hereafter have, whether known or unknown, against the Company, its officers, employees, agents, affiliates, members, successors, and assigns (collectively, the “Releasees”), on account of any injury, death, or property damage arising out of or attributable to my participation in the Activities, whether arising out of ordinary negligence of the Company or any Releasees or otherwise. I hereby agree not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims or liability that California law does not permit to be released by agreement. I understand that by signing this release, I am waiving any and all claims of any kind arising out of or attributable to my participation in the Activities, including those claims that might be unknown to me, or which I do not suspect to exist at the time of my execution of this Agreement. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MIGHT HAVE UNDER CALIFORNIA CIVIL CODE §1542, WHICH READS AS FOLLOWS:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
9. Limitation on Liability. EACH PARTY’S LIABILITY SHALL BE CONFINED TO ACTUAL DAMAGES AND IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND NOT WITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND.
10. Miscellaneous. This Agreement constitutes the sole and entire agreement between the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral with respect to such subject matter. If any term or provision of this Agreement is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective heirs, successors, and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought, if at all, only in the state and federal courts located in Los Angeles County, California, and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY SURRENDING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF MY PARTICIPATION IN THE ACTIVITIES.