MUSCLE AND MOTION – SERVICE AGREEMENT
This Agreement sets forth the terms and conditions for your access to and use of the “Muscle and Motion” application and Website (the Service).
If you wish to use the Service, you must indicate your agreement to these terms and conditions.
The authors, reviewers, editors, and publishers of this site have made extensive efforts to ensure that the information in this site is accurate and conforms to practical standards. However, constant changes in information resulting from continuing research and clinical experience, reasonable differences in opinion among authorities, unique aspects of individual situations, and the possibilities of human error in preparing such an extensive publication require the reader exercise individual judgment when making a clinical decision and, if necessary, consult and compare information from other sources. Physical activity and exercise have the potential to result in serious injury.
The information contained in Muscle and Motion sites is not intended as a personal prescription. It is recommended to see a physician before starting an exercise program or modifying your diet. Anyone experiencing pain as a result of activity should seek the advice of a qualified medical professional.
The creators and associates of this site will not take responsibility for any and all injuries related to the information contained or referenced within this site.
1.We reserve the right, in our sole discretion, to change, add or remove portions of this Agreement at any time. If we do so, we will post such changes on the Website and/or send them to you via e-mail. Any changes to this Agreement will be effective immediately upon posting to the Website. Your use of the Service after such any such change is posted will be deemed to be your acceptance of the change.
2.In order to have access to the Service, you must first select the type of subscription. Unauthorized access to the Service is strictly prohibited.
Your privacy is important to us. We reserve the right to send you occasional professional content/updates/news about our products. You have the right to remove yourself from our mailing list at any time!
3.Unless your subscription is a Trial Subscription, we will charge you a standard periodic — annual or monthly — fee for the right to access and use the Service, depending on the type of license and subscription you select. A Trial Subscription is a one-time option available to new users only at initial sign-on.
4.Unless your subscription is a Trial Subscription, you will be required to pay by credit card when you sign up. Credit card transactions may be processed by an outside vendor, which will retain your information in order to process your payment of fees for renewals. Unless your subscription is a Trial Subscription, your subscription will be automatically renewed for a similar subscription period, and your credit card will be charged the then-current fee for such period unless you terminate your subscription prior to the renewal date. You can terminate your subscription at any time, but you will not be entitled to any refund of any fee paid for the current period. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month’s advance notice of such change.
5.You may change your subscription at any time, but once you have selected a license type Individual or Business — you will not be permitted to change the type. We reserve the right to modify, suspend or discontinue any aspect of the Service, or to impose limits on certain features and services or restrict your access to the all or part of the Service at any time without notice or refund. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR SUBSCRIPTION.
6.You agree to be bound by the following rules which are important for the proper operation of the Service. Your failure to follow such rules, whether listed below or in subsequent modifications to this Agreement, may result in termination of your access to and right to use the Service.
Do not tell others your password or let your subscription be used by anyone except yourself.
Do not use the Service to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
Do not use any part of the Service, its design or any of the content for personal or financial gain without our written permission.
Do not copy, reproduce, distribute, license or sell the material on the Service (including screenshots) without our written permission.
Framing, linking, republication or redistribution without our written permission is prohibited.
7.The Service is usually available 24hours, 7 days a week. However, we retain the right to make the Service unavailable from time to time for any reason. You agree that Company shall not be liable for any damages arising from any interruption, suspension or unavailability of the Service, regardless of the cause.
8.In order to use certain features of the Service, you may be required to download and/or install certain plug-ins or other software applications. We do not endorse any of these plug-ins or other software applications, we make no representation regarding the quality thereof and we expressly disclaim any responsibility or liability for any plug-ins or other software applications, whether or not linked or accessed through the Service.
9.We make no representations or warranties as to the Service or any information provided in or through the Service and we specifically disclaim warranties of non-infringement or fitness for a particular purpose. The Service and the information provided in or through the Service are provided AS IS and AS AVAILABLE without warranty of any kind, either express or implied. We reserve the right to add, delete, change, improve, update or otherwise modify the information in or through the Service without notice. We assume no liability or responsibility for any errors or omissions in the content of the Service. The material accessed in or through the Service does not, and is not meant to, constitute medical advice and should not be relied upon for health care or any other purpose.
11.Your use of this Service is at your own risk. You agree to release, indemnify and hold Company harmless from and against any and all claims that may result from your use of the Service.
12.IN NO EVENT WILL COMPANY, ITS OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, ECONOMIC, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE, OR USE OF ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING FOR NEGLIGENCE OR ANY OTHER STATUTORY, CONTRACT AND/OR TORT LIABILITY, EVEN IF COMPANY HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM DAMAGES INCLUDES, WITHOUT LIMITATION, ATTORNEYS FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF OR HARM TO PROGRAMS OR DATA OR YOUR INFORMATION PROCESSING SYSTEM.
13.The information, data, text, images, graphics and other content provided in or through the Service is the property of Company, its affiliates, or its licensors and are protected by copyright, trademark, and other intellectual property laws. You must not, in any way, modify, move, add to, delete or otherwise tamper with the information contained in the Service, nor publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any content or other proprietary information contained in the Service without Companys written permission.
14. MUSCLE AND MOTION and associated logos and designs are trademarks of the Company. Other trademarks used in the Service are the property of their respective owners, are registered where indicated, and are used by Company under license from their respective owners.
15.Company reserves the right to terminate your use of the Service by disabling your access to the Service immediately without notice if Company, in its sole discretion, determines that your use of the Service does not comply with this Agreement, or violates any local, state, national or international laws, or interferes with others use of the Service, or adversely affects operations of the Service, or if Company or its providers are unable to process the payment of your subscription fee.
16.No waiver by Company of your breach or default under this Agreement shall be deemed to be a waiver of any subsequent breach or default.
17.If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. 12.This Agreement represents the entire understanding between you and Company regarding the Service and supersedes any prior statements or representations.