TERM OF SERVICES
Terms of Service
By using the kardiomatters.com web site (this “Site”) and/or any services (the “Services”) of Kardio Matters (the “Company”), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”). If you do not accept the Terms of Service, then do not use this Site or the Services.
The Company reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Site or Services, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of this Site and/or the Services after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: www.kardiomatters.com/termsofservice. PLEASE READ THE TERMS OF SERVICE CAREFULLY, AS THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE.
Access to this Site
The information contained in this Site, as well as any links to third party web sites (each a “Third Party Site”), is for general guidance and advice, and is provided by the Company on a blind-basis, without any knowledge as to the reader’s current identity or specific circumstances. Any information on this Site and any Third Party Site should not be relied upon or used as a substitute for consultation with your individual physicians or other advisors.
The Company may alter, suspend, or discontinue this Site at any time for any reason, without notice. This Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. By using this Site, you agree to indemnify, hold harmless and defend the Company from any claims, damages, losses, liabilities, and all costs and expenses of defense, including, but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of this Site in violation of the Terms of Service.
In order to use this Site or the Services:
- You must be at least thirteen (13) years of age;
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process;
- You must not misrepresent yourself or take on the identity of someone else while using this Site or the Services;
- You may not use this Site or the Services for any illegal or unauthorized purpose. You must not, in the use of this Site or the Services, violate any laws, rules or regulations in your jurisdiction (including, but not limited to, copyright laws).
Violation of any of the above-referenced terms will result in the termination of your account with the Company. While the Company prohibits such conduct and content on the Site, you understand and agree that the Company cannot be responsible for the content posted on this Site, and you nonetheless may be exposed to such materials. You agree to use this Site and the Services at your own risk.
Release and Waiver
As a condition to your use of the Site, including any nutritional or training advice found on the Site, you agree, on behalf of yourself and on behalf of your next of kin, heirs and representatives, to release from all liability and promise not to sue the Company and/or all current or future subsidiaries, parents, affiliates, other related entities, successors, owners, managers, members, directors, officers, shareholders, agents, vendors, building facility owners, employees, volunteers, assigns, investors, legal representatives, all individuals or entities of any of the aforementioned and/or anyone assisting in the servicing of clientele not specifically mentioned, including those who allegedly attributed to any acts or omissions of the aforementioned. This agreement shall be binding upon you, your successors, representatives, heirs, executors, assigns or transferees. If a competent jurisdiction holds any portion of this agreement invalid, you agree that the remainder of this agreement shall remain in full legal force and effect.
You further acknowledge, agree and understand that activities described and/or recommended by the Company present inherent dangers which may result in death, serious injury, or property damage to you or others. You fully recognizes that any of these inherent dangers may result in serious injury or death to you or others, and you willingly, knowingly, and freely accept and assume full responsibility for the risks, and accept and assume full responsibility for any injury or death that may result from implementing any of the nutritional or other advice set forth on this Site, or participating in any activity or fitness recommendation provided by the Company. YOU HEREBY REPRESENT AND WARRANT TO THE COMPANY THAT YOU KNOW OF NO PHYSICAL OR MEDICAL CONDITION THAT EITHER YOU, OR YOUR PHYSICIAN, IS AWARE OF THAT COULD BE AGGRAVATED BY PARTICIPATING IN AN EXERCISE OR NUTRITIONAL PROGRAM DESCRIBED OR RECOMMENDED ON THIS SITE, WHETHER SUPERVISED OR UNSUPERVISED.
You acknowledge and are aware that physical exercise and training and instruction may cause injury. You recognizes that the training and nutritional programs described and/or offered by the Company involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training and other various fitness activities. You are voluntarily participating in these activities and assume all risks of injury that may result. If you have or have had a history of heart disease, this is a result of your own physiology and the Company bears no responsibility for your condition. In consideration for use of this Site and services provided by the Company, you hereby assume all risk and fully release, waive, covenant not to sue and forever discharge the Company from any and all past, present, and future claims arising from their acts and/or omissions, including but not limited to demands, obligations, actions, causes of actions, rights, damages, negligence claims, gross negligence claims, contract claims, intentional infliction of emotional distress claims, personal injury claims, premises liability claims, physical impairment claims, disfigurement claims, lost wages claims, loss of earning capacity claims, warranty claims, punitive damages claims, exemplary damages claims, and any other form of compensatory claims of any nature whatsoever, whether based on a tort, contract, or other theory of recovery, whether same be known and realized or unknown and not realized, you, your assignees, heirs, guardians or legal representatives now have, have had, or ever will have; for injury, illness, death or damage resulting from your use of this Site and the services offered by the Company and the risks involved with same. You affirm it is your voluntary and informed decision to release any future lawsuits or claims you have or may have and forever discharge and hold harmless the Company from any and all liability, claims, demands, causes of action whatsoever arising out of any damage, loss, personal injury or death to you. This release is valid and effective whether the damage, loss or death is the result of any act or omission on the part of the Company or from any other cause.
You acknowledge that the Company makes no evaluation or recommendation whether you are sufficiently fit for any exercise activities, and understand that any recommendation for changes in diet or exercise including the use of food supplements and weight reduction products are entirely your responsibility. You represent and warrant to the Company that you will consult with a physician prior to undergoing any dietary or food supplement changes. You will obtain a physical examination prior to participating in any exercise activity or commencing any changes in your diet recommended by the Company. The waiver and release of liability included in these Terms of Service includes, without limitation, all injuries which may occur as a result of any diet recommendations from the Company.
Modifications to the Service and Prices
- The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
- If applicable, prices of all Services are subject to change upon thirty (30) days’ notice from the Company. Such notice may be provided at any time by posting the changes to the Company website (www.kardiomatters.com).
- The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services, or the products or services offered by any third party.
Copyright and Trademark Information
This Site and all the information it contains, or may in the future contain, including, but not limited to, articles, press releases, opinions, testimonials, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”), is the property of the Company, its parents, affiliates, subsidiaries and licensors, and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of the Company or such third party that may own the trademark or copyright of material displayed on this site. Subject to your full compliance with these terms, the Company authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.
To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied relating to this Site and the Services, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Specifically, but without limitation, the Company does not warrant that: (i) the information on this Site, or any third party web site for which a link is provided on this Site, is correct, accurate or reliable; (ii) the functions contained on this Site will be uninterrupted, timely, secure or error-free; (iii) defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components; (iv) the results that may be obtained from the use of the Services will meet your specific goals; or (v) the quality of any instruction, products, services, information or other material purchased or obtained by you, or on your behalf, through the Service will meet your expectations.
Limitation of Liability
Under no circumstances shall the Company be liable for any damages, whether incidental, special, consequential or exemplary, that result from the use of, or the inability to use, this Site, the Services or the information contained on this site, even if the Company has been advised of the possibility of such damages.
The Company makes no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Links to Other Sites
This site may contain links to non- Company sites. These links are provided to you only as a convenience. Such linked sites are not under the control of the Company and the Company is not responsible for the contents of any linked site, or any link contained in a linked site. The inclusion of any link does not imply endorsement by the Company of the site, and the Company shall have no responsibility for information that is referenced by or linked to the site.
This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by the Company, as described above.