You understand and agree that RivalHealth may modify these Terms and the Site or Materials at any time without prior notice, and such modifications will be effective upon our posting of the new Terms and upon implementation of the changes on the Site. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Site or Materials after any modifications indicates your acceptance of the modified Terms and Site.
Access to certain parts of the Site is limited to registered members and requires a user name and password. Only one individual may access the Site at the same time using the same user name and password.
You represent and warrant that all user information that you provide to RivalHealth in connection with obtaining a user name and password is accurate and complete. In the event that any of your user information changes in the future, you will promptly provide RivalHealth with updated information. Please ensure you have your family members’ consent prior to providing any information on their behalf.
You are solely responsible in all respects for: (a) all use of the Site made using your user name and password, and (b) maintaining the confidentiality of your user name and password. You agree to notify us immediately of any unauthorized use of your email address, user name or password or any other breach of security regarding the Site of which you are aware.
NOT SHARE YOUR PASSWORD WITH ANYONE. If you know or suspect that your user name or password has been compromised, change your password immediately.
We urge you to consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it.
You should warm up for a few minutes prior to starting any workout program. Always exercise at a level at which you feel comfortable. If you experience discomfort, faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.
The recommendations, instructions and advice contained in the Site are in no way intended to replace or to be construed as medical advice, diagnosis or treatment, and are offered for informational purposes only. If you have any concerns or questions about your health, you should always consult with a physician or other health care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health care professional because of Content on the Site or other Materials. The use of any information provided on the Site and in any Materials is solely at your own risk.
Developments in medical research may impact the health, fitness and nutritional information that appear here. No assurance can be given that the information contained on the Site or in other Materials will always include the most recent findings or developments with respect to the particular material.
You acknowledge that there is a risk of injury associated with any exercise activity. Always use safe techniques and protective equipment when engaging in exercise. RivalHealth will try to provide you with safe and effective exercise methods and techniques; however, we cannot guarantee you that injuries will not occur. If you are unfamiliar with or do not understand the proper techniques and/or use of equipment for the exercises you intend to perform, please seek advice and assistance before performing them. RivalHealth is not responsible or liable for any injury that may result.
from improper use of its exercise programs. By using the Site and other Materials, you agree to accept all risks associated with the programs provided to you and that you will not hold RivalHealth liable for any injury or illness that may occur.
If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
You may be participating in the exercise program(s) through the Site as part of a plan, policy or benefit, or at the request or suggestion, of a company or other organization by which you are employed, engaged as a consultant or with whom you are otherwise affiliated (an “Employer”). You agree that Employer and its affiliates are not responsible for this Site or other Materials, the exercise programs or the Content contained therein, and shall not be liable in any way for any injury, illness or other damage that may occur as a result of your participation in any of the exercise programs or other use of the Site or Materials.
In order to register with or use the Site, you must be 15 years of age or older. If you are 15 years of age or older but less than 18 years old, you must request permission from your parent or guardian before registering and your parent or guardian must review and accept these Terms. If you are registering on behalf of your minor child, then (i) you agree to accept responsibility for your child’s use of the Site and other Materials, (ii) you are providing all waivers, acknowledgements and agreements applicable to you hereunder on behalf of such Family Member, in addition to your own behalf, and (iii) you are providing an indemnification for certain damages or injuries relating to such minor child. You may not allow the use of the Site or other Materials by any minor children for whom you are not legally eligible to provide such agreements and waivers.
You may use the Site and other Materials solely for your own personal benefit and you may not use the Site and other Materials for any commercial use or in support of any other person or entity.
You are solely responsible for your actions and communications undertaken or transmitted using the Site. You agree that, to the best of your knowledge, any information you provide through the Site will be accurate and truthful.
You may not use the Site to:
- - Engage in or facilitate any illegal activity;
- - Upload, transmit, or otherwise distribute any viruses or other harmful, disruptive or destructive files;
- - Interfere with or disrupt networks, systems, and/or computers connected to the Site. You agree to comply with all regulations, policies, and procedures of such networks and systems.
- - Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
- - Advertise or offer to sell any goods or services unless you have RivalHealth’s written consent to do so;
- - Restrict or inhibit any other user from using the Site;
- - Collect or store personal information about other end users;
- - Impersonate any person or entity, including, but not limited to, a RivalHealth™ representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- - Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate your presence on the Site.
The Site may include message boards, chat areas and other public forums ("Public Forums"). RivalHealth or its designated agents may remove or alter any user-created content at any time for any reason. Public Forums are intended to serve as discussion centers for registered members. Information and content posted within these Public Forums may be provided by RivalHealth staff, RivalHealth's outside contributors, or by users not connected with RivalHealth, some of whom may employ anonymous user names. RivalHealth expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these Public Forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of RivalHealth.
RivalHealth has no obligation to monitor any of the content or postings on the Public Forums on the Site. However, you acknowledge and agree that RivalHealth has the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Materials posted and/or uploaded to the Public Forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
All text, video, audio, sound, graphics, software, information and other content made available on the Site, the Fitness DVD Library (including the accompanying documentation), emails and other correspondence (collectively, “Content”), and the look and feel of the Site and such other materials, are protected by copyright, trademark, and other intellectual property laws, and are owned solely by RivalHealth and its licensors.
You agree to access the Site only through the interface that is provided by RivalHealth for use in accessing the Site. You agree not to use any automated means, including but not limited to agents, robots, scripts, spiders, and screen scraping tools, to access, monitor, download or copy any part of the Site or its Content, unless RivalHealth has provided prior written consent.
All Content is being licensed, and not sold, to you subject to these terms and conditions. Although you are entitled to retain your copy of the Fitness DVD Library which is delivered to you, you are not entitled to copy, adapt, duplicate, publicly perform, sell, license, assign or otherwise distribute any Content. Fitness DVD Libraries or other methods by which Content is delivered to you may contain additional copyright or other notices, and your use thereof will be subject thereto.
RivalHealth™, RivalHealth.com, Bring Out Your Best, B.O.Y.B., No Mo’ Yo Yo, and other of our slogans, phrases, marks, icons, and logos on the Site and in the Materials are our trademarks or registered trademarks. All other trademarks, service marks, logos, and trade names on the Site and in the Materials are trademarks or registered trademarks of their respective owners.
The Site may contain links to other sites. RivalHealth will attempt to tell you when you are leaving the Site, but there may be instances when RivalHealth is unable to do so.
RivalHealth is not responsible for the content, accuracy or opinions expressed in other sites, and such sites are not investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any link on the Site or in the Materials does not imply approval or endorsement of the linked Site by us. If you decide to leave the Site and access these third-party sites, you do so at your own risk.
In no event will any party to these terms (RivalHealth or you) be liable to you any other party to these Terms or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for any lost profits or lost data arising from your use of the Site or Content, even if RivalHealth such party is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, RivalHealth’s each party’s liability to you the other for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to RivalHealth for your use of or access to the Site that caused the damages. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions or limitations in these Terms may not apply to you, and you may have additional rights.
You agree to indemnify and hold RivalHealth and, if applicable, Employer, and their respective directors, officers, agents, contractors, partners and employees harmless from and against any damage, loss, liability, claim or demand, including reasonable attorneys' fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use (and, if applicable, use by minor children under your subscription) of the Site and other Materials.
RivalHealth does not warrant or covenant that the Site will be available at any time or from any particular location, will be secure or error-free, or that the Site or its other Materials are free of viruses or other potentially harmful components. RivalHealth may also at its sole discretion modify or suspend the features, availability, operation and/or look and feel of the Site and other Materials from time to time without notice to you.
RivalHealth is not responsible for any incorrect, inaccurate or misleading information or links provided on the Site or other Materials. RivalHealth is also not responsible for any problems or technical malfunctions outside of RivalHealth’s reasonable control, including outages in telephone/data network or lines and problems or traffic congestion on the Internet.
Under no circumstances will RivalHealth be responsible for any loss or damage, including personal injury or death, resulting from anyone's participation in the exercise programs, or other use of the Site or other Materials.
The Site and other Materials are provided "as is," and RivalHealth disclaims any and all warranties, whether express or implied, including without limitation, implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, or arising out of a course of performance, course of dealing, or usage of trade. RivalHealth cannot guarantee and does not promise any specific results from use of the Site or other Materials. Your participation in the exercise programs and other use of the Site and other Materials is at your own risk.
You understand and agree that by using the Site and other Materials, you may be exposed to information that you find offensive, indecent or objectionable, and that the Site and other Materials may not be in accordance with the laws of your jurisdiction. You understand and acknowledge RivalHealth is not responsible for the content linked to by third parties on the Site.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information submitted to RivalHealth (including through the Site, email, phone or other correspondence) relating to modifying or improving the exercise programs, the Site and/or its processes and underlying software, or other Materials ("Feedback"), provided by you to us, whether solicited or unsolicited, are non-confidential and shall become our sole property. RivalHealth shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In the event your jurisdiction does not allow intellectual property rights to be transferred as described above, you hereby grant to RivalHealth a worldwide, non-exclusive, royalty-free, perpetual license for the use of Feedback, and in the event perpetual license terms are not allowed by law, the term shall be for thirty (30) years.
Different countries have different laws and regulations. RivalHealth make no representations that the Site and other Materials are appropriate or legally available for use in locations outside the United States. If you are accessing the Site from jurisdictions where the Site may be illegal, you are solely responsible for complying with all local laws regarding acceptable use or interaction with the Site. By submitting any information or links to the RivalHealth (including through the Site, email, phone or other correspondence), you understand and agree that you are transferring it from your country and submitting it to our servers in the United States.
Software and related technologies that may be available in connection with the Site or other Materials are further subject to United States export controls. No software or related technologies may be downloaded from the Site or other Materials, or links to the Site, or otherwise exported or re-exported in violation of United States export laws.
These Terms shall be governed by and construed in accordance with the substantive laws of the State of North Carolina, U.S.A., without reference to conflicts of laws provisions. Any dispute or claim arising out of or in connection with these Terms shall be finally settled by binding arbitration in Raleigh, North Carolina in accordance with the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. RivalHealth reserves the right to seek any interim, preliminary or other equitable relief from a court of competent jurisdiction as necessary to protect its rights or its property or the rights or property of its agents, suppliers and subcontractors.
In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to these Terms shall be brought and heard either in the North Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh, North Carolina. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by facsimile or by first class mail, and shall be deemed effectively given upon receipt.
RivalHealth may terminate or suspend your access to the Site and other Materials at any time without notice if you breach any provision of these Terms. In the event of termination, those Sections in these Terms which provide for continuing obligations on your part shall survive indefinitely.
Certain products or Services may be offered for sale on the Site. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by RivalHealth or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and if necessary, credit card information. RivalHealth processes credit cards through a certified Merchant Account Payment Gateway and does not retain credit card information. You agree to provide RivalHealth or such third party processor with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Some Services offered by RivalHealth are subscription-based services. If you open a subscription-based account with any of RivalHealth’s Sites, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. RivalHealth reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason.
If you do not agree to or are not able to abide by these Terms and any other agreement that you may enter into as part of visiting or registering on the Site, you have no right to access or use the Site or other Materials (although you may retain the copy of any Fitness DVD Library(s) and accompanying documentation which you have purchased and paid for, subject to the license and terms herein).