I have read and agree to the terms and conditions of the page as follows:
I am voluntarily taking part in this challenge and program, and release DripFit® and LivBTR™ Wellness Solutions and its instructors of any liability. In agreeing to the terms of this waiver and taking part in the challenge I am agreeing to take full responsibility for any current limitation or health risks. I understand there may be adverse health consequences if I surpass my personal ability or the health limitations my physician has recommended. I agree to self-limit my exertion through good judgment and stop any physical activity that I feel exceeds my personal capabilities.
I understand that it is my responsibility to continue medical evaluations from a physician to determine there are no physical limitations or medical conditions that could be aggravated by physical activity.
In agreeing to this form, I agree to participate in the DripFit® and LivBTR™ Level Up Challenge at my own risk. I understand that my instructor will supply me with as much knowledge and information as he/she can to ensure a safe workout environment.
I hereby release DripFit®, LivBTR™, and my instructors from any liability, injury, or property damage/loss sustained due to, or as a result of my participation in this program.
At LivBTR™ Wellness Solutions and DripFit™ (“LivBTR/DripFit”), we offer a variety of programs, challenges, and courses. You agree to abide by all policies and procedures outlined in the agreement as a condition of your purchase of the Product, as well as the sale of other related services and products. We provide services to you subject to the following notices, terms, and conditions (the “Terms”).
Please read these terms carefully. These terms, as modified or amended from time to time, are a binding contract between LivBTR/DripFit (“we” and/or “us”, etc) and you (“Customers” or “you”).
You may only use the website(s) operated by LivBTR/DripFit (the “Website”) if you first accept these terms.
In addition, when you use any current or future LivBTR/DripFit service or visit or purchase from any business affiliated with LivBTR/DripFit, whether or not included in the website, you also will be subject to the guidelines and conditions applicable to such service or business. If these terms are inconsistent with LivBTR/DripFit’s terms, such terms will prevail.
If you create an account on the Website, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. You must immediately notify LivBTR/DripFit of any unauthorized uses of your data, your account, or any other breaches of security. You may not use the account, username, or password of another User at any time or disclosing your password to any third party, or permitting any third party to access your account.
You understand that LivBTR/DripFit and its employees are not employees, agents, lawyers, doctors, managers, therapists, public relations or business managers, registered dieticians, or financial analysts, psychotherapists, or accountants. Customer understands their purchase of Product will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or another practitioner as determined by their own judgment.
Customer understands that Consultant has not promised, shall not be obligated to, and will not;
(1) Procure or attempt to procure employment or business or sales for Customer;
(2) Perform any business management functions including but not limited to accounting, tax or investment consulting, or advice with regard thereto;
(3) Act as a therapist or provide psychoanalysis, psychological counseling, or behavioral therapy;
(4) Act as a public relations manager;
(5) Act as a publicist to procure any publicity, interviews, write-ups, features, television, and print or digital media exposure for Customer;
(6) Introduce Customer to LivBTR/DripFit’s full network of contacts, media partners, or business partners. The customer understands that a relationship does not exist between the parties after the conclusion of the Product. If the Parties continue their relationship, a separate agreement will be entered into.
Customer accepts and agrees that Customer is 100% responsible for their progress and results from the Product. The Customer acknowledges that, as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that the Customer will reach their goals as a result of the purchase of the Product.
If you have any questions or problems, please let us know by contacting our support team directly. Support can be contacted by reaching out to [email protected]
ORDERING OF SERVICES; CONDUCT OF SERVICES
If you choose to order a product or service through the website we will make our best efforts to provide that service or product to the best of our ability. However, we make no warranty with regard to your satisfaction with any service or product in general. Prices for services will be listed on the Website and may change from time to time.
PRODUCT AND SERVICE SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS
While we promise to do our best to ensure the accuracy of the information on the Website, LivBTR/DripFit does not warrant that product and/or service specifications, pricing, or other content on the Website is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, LivBTR/DripFit shall have the right to refuse or cancel any orders at its sole discretion. If your credit card is charged prior to cancellation, LivBTR/DripFit will issue a credit to your account in the amount of the charge.
The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Customer nor any of Customer’s associates, employees, or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statements of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its Products, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.
You may contact LivBTR/DripFit Customer Services by sending an email to [email protected] You acknowledge that the provision of customer support is at LivBTR/DripFit’s sole discretion and that LivBTR/DripFit shall have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion, and the provision of some level of support is no guarantee of future support.
NOTICE RE NAMES AND TRADEMARKS
You may not use the name “LivBTR/DripFit” or “LivBTR™ Wellness Solutions” or “DripFit” or any other names or Trademarks listed on the Website or in any Website or Product content. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP: © LivBTR™ Wellness Solutions and DripFit®
All rights reserved. All content on the Website is subject to intellectual property rights, contractual rights, or other protections. The intellectual property rights are owned by LivBTR/DripFit or its licensors. No content may be copied, distributed, republished, uploaded, posted, or transmitted in any way except as provided expressly in the Terms or with the prior express written consent of LivBTR/DripFit. Modification or use of the materials for any other purpose may violate intellectual property rights. LivBTR/DripFit maintains the worldwide, exclusive copyright on all content created by LivBTR/DripFit, or by its associates, which may be leased or sold by LivBTR/DripFit without your permission, without limitation.
Material given to Customer with the purchase of Product is proprietary, copyrighted, and developed solely and specifically for Company. Original materials that have been provided to the Customer are for the Customer’s individual use only and a single-user license. Customer agrees that such proprietary material is solely for Customer’s own personal use. Any disclosure, reproduction, and sale by Customer to a third party are strictly prohibited.
MINIMUM AGE REQUIREMENT
The Website is intended for use by persons who are at least 18 years old or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Website, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the Website only with the permission and involvement of a parent or guardian.
DEALINGS WITH MERCHANTS; LINKS
Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Website or which provide links on the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against LivBTR/DripFit and agree to hold LivBTR/DripFit harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Website.
You agree to electronic communication for all of your transactions and communication with LivBTR/DripFit and the Website. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
NOTICES AND CONTACT INFORMATION; COPYRIGHT COMPLAINTS
Except as otherwise provided in these Terms, LivBTR/DripFit will give you any notices by posting them on the Website, and you agree that such posting will constitute effective notice. You authorize LivBTR/DripFit to send notices (including without limitation notice of subpoenas or other legal processes, if any) via electronic mail as well if LivBTR/DripFit decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by LivBTR/DripFit to the address that you have most recently provided will constitute effective notice.
LivBTR/DripFit respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LivBTR/DripFit with written notice.
MODIFICATIONS TO TERMS AND WEBSITE
You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) alter information on or obtained from the Website unless through tools provided on the Website by us; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Website or extract data or gather or use information, such as email addresses, available from the Website or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (d) frame any part of the Website, or link to the Website, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by LivBTR/DripFit; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on the Website’s infrastructure or performance, or send to or otherwise impact us or the Website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Website or any recipient; (h) willfully enter wrong class information (course code, course title, course coordinator, number of credits, exam information); (i) post content created by anybody other than yourself.
Furthermore, prohibited content includes anything that:
- is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any class or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains anything sexually suggestive, excessive violence, or offensive subject matter;
- solicits personal information from anyone under 18;
- publicly posts information that poses or creates a privacy or security risk to any person;
- includes information about another person that you have posted without that person’s consent;
- violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person.
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- involves commercial activities and/or sales without prior written consent from LivBTR/DripFit such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- impersonates or attempts to impersonate another user, person, or entity;
MONITORING OF WEBSITE CONTENT
We are under no obligation to restrict or monitor Website content in any way. You understand and acknowledge that LivBTR/DripFit does not regularly monitor the accuracy or reliability of content and that use of the Website is at your own risk. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of LivBTR/DripFit. LivBTR/DripFit neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Website by anyone other than authorized LivBTR/DripFit employees acting in their official capacities.
PROTECTION OF SITE CONTENT
Our Website is protected by Canadian, the U.S., and international intellectual property laws, which you agree to respect. All content on the Website, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of LivBTR/DripFit or its content suppliers. All software used on the Website is the property of LivBTR/DripFit or its software suppliers.
TERMINATION OR CANCELLATION
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Website, and/or your Account, or suspend or block your access to the Website. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Website after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Website. LivBTR/DripFit may continue to use electronic or printed materials it has created or has developed specific plans to create, that contain such Content according to the terms contained above with respect to removal or modification of Content previously posted on the Website.
PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LivBTR/DripFit with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
DISCLAIMER OF WARRANTIES
THE WEBSITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS, AND STATEMENTS FROM LivBTR/DripFit, ITS USERS, AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR ENTERTAINMENT PURPOSES ONLY. YOU USE THE WEBSITE AND CONTENT AT YOUR OWN RISK. THE WEBSITE IS PROVIDED BY LivBTR/DripFit ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KD MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION OR CONTENT INCLUDED ON THE WEBSITE. LivBTR/DripFit MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LivBTR/DripFit EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER LivBTR/DripFit, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF LivBTR/DripFit AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
A) Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
C) Disputes; Choice of Law; Export Limitations. The Website is controlled by us from our offices within Canada, and some aspects and portions of the Website are hosted at third-party servers within Canada and the United States of America. If you choose to access this Website from locations outside Canada, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Website in violation of Canadian or U.S. import and/or export laws and regulations or the Terms. By visiting the Website, you agree that these Terms and all performances and claims of every nature (including without limitation, contract, tort, and strict liability) relating in any way to any aspect of the Website will be resolved by arbitration. Any dispute or claim relating in any way to your visit to the Website or to products or services sold or distributed by LivBTR/DripFit or through the Website will be resolved by binding arbitration, rather than in court, except that we and you may assert claims in small claims court if the claims qualify.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
D) Limitations on Actions. Any action concerning any dispute you may have with respect to the Website must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
E) Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
G) No Waiver. The failure of LivBTR/DripFit to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or LivBTR/DripFit right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
H) This Agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada.