Agreement between User and Intense-Workout.com
Welcome to Intense-Workout.com. The Intense-Workout.com website (the “Site”) is comprised of various web pages and related content produced by its owners, creators, publishers, officers, directors and employees (“Intense Workout”, “we”, “us”, or “our”).
This includes articles, guides, PDFs, email lists/newsletters, books, ebooks, graphics, photos, videos, comments, products, services and other forms of content pertaining to diet and fitness (the “Content”).
Intense-Workout.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Intense-Workout.com and/or its Content constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. If you disagree with any part of the Terms then you do not have permission to access this Site or its Content.
Unless otherwise specified, our products and services are offered with a 60-day money back guarantee. Any refund requests made after 60 days from the initial date of purchase will not qualify for a refund. Please contact firstname.lastname@example.org with any questions.
Affiliate And Advertising Disclosure
While every product or service we ever say we use, like or recommend is something that we honestly do use, like or recommend, it is possible that we are sometimes affiliated with that product or service in some way and may in fact receive some form of compensation from them. So, if we link to some sort of product, service or third party site of any kind, there is a chance that we will in some way be compensated when you click that link and/or purchase a product or service from that third party site.
However, no product or advertiser will ever influence the Content contained on this Site.
Visiting Intense-Workout.com or sending emails or messages to Intense Workout constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Intense Workout does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Intense-Workout.com only with permission of a parent or guardian.
If you wish to purchase any product or service made available through this Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Links, References and Usage of Third Party Sites, Services, Information
Intense-Workout.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Intense Workout and Intense Workout is not responsible for the contents, polices or practices of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
Intense Workout is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Intense Workout of the site or any association with its operators.
Intense Workout may also include quotes from third party sources or references to information, documents, software, materials, products and/or services provided by other parties (“Referenced Sources”). You acknowledge that Intense Workout is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Referenced Sources, nor are we responsible for errors or omissions in any quotes from or references to other parties or their products and services. The inclusion of such a reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
Intense Workout 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 of or reliance on any such third party content, goods or services.
Certain services made available via Intense-Workout.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Intense-Workout.com domain, you hereby acknowledge and consent that Intense Workout may share such information and data with any third party with whom Intense Workout has a contractual relationship to provide the requested product, service or functionality on behalf of Intense-Workout.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All Content included on the Site or as part of the Site or Service, such as information, text, graphics, logos, images, data, communications, photos, video, music, sounds and other material, as well as the compilation thereof, and any software used on the Site or in the Content, is the property of Intense Workout or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not copy, reproduce, modify, publish, republish, resell, reprint, upload, post, transmit, distribute, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or in the Content. Intense Workout content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Intense Workout and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Intense Workout or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, comments, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Intense Workout has no obligation to monitor the Communication Services. However, Intense Workout reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Intense Workout reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Intense Workout reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Intense Workout’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Intense Workout does not control or endorse the content, messages or information found in any Communication Service and, therefore, Intense Workout specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Intense Workout spokespersons, and their views do not necessarily reflect those of Intense Workout.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Intense Workout or Posted on Any Intense-Workout.com Page
Intense Workout does not claim ownership of the materials you provide to Intense-Workout.com (including but not limited to questions, feedback, suggestions and photos) or post, upload, input, email, message or submit to any Intense Workout Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, emailing, messaging or submitting your Submission you are granting Intense Workout, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Intense Workout is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Intense Workout’s sole discretion.
By posting, uploading, inputting, providing, emailing, messaging or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Intense Workout from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Intense Workout Content accessed through Intense-Workout.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Intense Workout, its owners, creators, publishers, officers, directors, employees, agents and third parties, for any losses, costs or debt, damages, claims, liabilities and expenses (including but not limited to attorney’s fees) relating to, arising out of, or alleged to arise out of your use of, misuse of, or inability to use the Site, Content or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Intense Workout reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Intense Workout in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Intense Workout agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Intense-Workout.com and its Content are strictly for informational use only. It is not medical or professional advice, it is not meant to be seen as medical or professional advice, it should never take the place of medical or professional advice, and it is not written by medical professionals.
You must always consult your doctor before beginning any diet or workout program or making any changes to your current diet or workout program.
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Intense Workout AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Intense Workout AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT AND RELATED GRAPHICS CONTAINED ON THE SITE OR ITS CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Intense Workout AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Intense Workout reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Intense Workout as a result of this agreement or use of the Site. Intense Workout’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Intense Workout’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Intense Workout with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Intense Workout with respect to the Site and Content, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Intense Workout with respect to the Site and Content. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Changes to Terms
Intense Workout reserves the right, in its sole discretion, to change the Terms under which Intense-Workout.com is offered. The most current version of the Terms will supersede all previous versions. Intense Workout encourages you to periodically review the Terms to stay informed of our updates.
Intense Workout welcomes your questions or comments regarding the Terms. Email Address: email@example.com
Effective as of April 29, 2018