1. The Content is presented in summary form, is general in nature and is provided for informational purposes only. PROPTA and strongly advise that you consult your health care provider before you alter your diet or fitness activities. The information provided herein is meant to supplement the advice and counsel of your health care provider or other health professionals. The information provided with respect to the Content is not meant to substitute for medical advice from your health care provider. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Neither the Content nor any other service offered by or through the Site, including the Premium Services, is intended to be relied upon for medical diagnosis or treatment. Never disregard, or delay in seeking, medical advice because of your use or interpretation of the Content.
2. PROPTA and reserves the right to refuse membership to the Site for any reason, including certain medical conditions. The process of becoming a member of the Site (a "Member") requires entry of certain personal information and, among other conditions of membership, agreement with these Terms and Conditions in order to gain access through the Site to the Premium Services.
3. In becoming a Member, you affirm that either (A) 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 pain in your chest when engaged 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 example, water pills) for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, nor does your family have a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has approved of your use of the Premium Services specifically and the Site in general.
4. In becoming a Member with the intent of using the Premium Services to obtain personalized nutrition information, you further affirm that either (A) all of the following statements are true: (i) you are not allergic to nuts, eggs, dairy products or any other foods; (ii) you are not presently following a diet plan provided to you by a physician or other medical professional for health reasons; and (iii) you have not been medically diagnosed as suffering from diabetes, hypoglycemia, heart disease, high cholesterol or high blood pressure; or (B) your physician has approved of your use of the Premium Services specifically and the Site in general.
5. If you are a woman, in becoming a Member you further affirm that either (A) you are not pregnant, breastfeeding or lactating or (B) your physician has approved of your use of the Premium Services specifically and the Site in general.
6. PROPTA and do not recommend or endorse any specific test, products or procedures that may be mentioned on the Site. Any opinions expressed in articles on the Site are the opinions of the authors of the articles. PersonalWorkouts do not assume any liability for the contents of any material provided on the Site. PROPTA, and the creators, producers and distributors of the Content disclaim any liability in connection with the advice of the Site or products advertised on the Site. Reliance on any information provided by PersonalWorkouts, the Site, Emails, Site fitness experts or other visitors to the Site is accepted solely at your own risk. PROPTA and assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea or instruction contained in the materials provided to you. PROPTA and reserve the right to change or discontinue at any time any aspect or feature of the Site.
7. The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. PROPTA and make no representations about the results to be obtained from using the Site or the Content. The use of the Site and the Content is at your own risk.
8. The Content is provided on an "as is" basis without any warranties of any kind. PROPTA and , their licensors and their suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights and fitness for a particular purpose. PROPTA and , their licensors and their suppliers make no representation or warranties about the accuracy, reliability, completeness, currency or timeliness of the content, software, text, graphics, links or communication provided on or through the use of the Site. PROPTA and , their licensors and their suppliers do not make any warranty that the Content contained on the Site satisfies government regulations requiring disclosure of information on prescription drug products.
9. In no event shall PROPTA and , their licensors, their suppliers or any third parties mentioned on the Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or the Content whether based on warranty, contract, tort or any other legal theory, and whether or not PROPTA and are advised of the possibility of such damages. PROPTA and shall be liable to you only for gross negligence or willful misconduct and only to the extent of actual damages incurred by you, not to exceed $10,000. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
10. You acknowledge that in connection with the Site, information will be transmitted over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third-party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of PROPTA and and their suppliers. Accordingly, PROPTA and assume no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.
11. All Content is owned by or licensed to PROPTA. PROPTA and their licensors retain all proprietary rights to the Content to the fullest extent of their rights. The Content may not be downloaded or reproduced except for use by Members only as prescribed by PROPTA with appropriate consultation with Members' physicians.
12. You are advised that health advice is often subject to updating and refining due to medical research and developments. No assurance can be given that the Content 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. PROPTAs are not responsible for your use of the Content other than as intended by PROPTA.
13. You agree to defend, indemnify and hold PROPTA, their officers, directors, personal, agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees resulting from, or alleged to result from, your use of the Content. PROPTA shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
14. No refund will be given of any charges.
15. You must have a PC or Macintosh computer, an Internet or AOL connection and a printer to use the Site and Content. PROPTA assume no responsibility for computer systems, hardware, software or program malfunctions or for other errors, failures or delays in computer transmissions or network connections that are human or technical in nature or for lost, late, mutilated, illegible, postage-due, incomplete or misdirected information. Members must provide a valid email address. PROPTA reserve the right, in their sole discretion, to cancel or suspend provision of the Content should virus, bugs or other causes beyond the control of PROPTA corrupt the administration, security or proper function of the means used to provide the Content.
You hereby acknowledge that you have fully read and agree to and accept the foregoing terms and conditions.
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