Last Updated: April 10, 2015
II. WEBSITE USE
Visitors. You may use the public areas of the website to learn about our team and program offerings and view select free content and excerpts of our content. You also may use the social media features of our website for non-commercial purposes. If you are interested in viewing our licensee- and trainer-only content, please contact us, and we would be happy to discuss our offerings.
Licensees and Trainers. If you are a licensee or trainer of VicteliB, you may access and use the Resource Center and other portals to set account preferences and retrieve program materials. All access to and use of the portals and program materials is further subject to the terms of your written agreement with VicteliB, which supplements this agreement and will control to the extent of any conflict with the provisions hereof.
Prohibited Activities. You may not: (i) use the website for advertising, promotional, solicitation or other commercial purposes; (ii) use automated means, including scripts, spiders, robots, crawlers or data mining tools, to post content to or download content from the website; (iii) attempt to gain unauthorized access to the Resource Center portal or any other private areas of the website, or to any licensee's, trainer's or other user's account; (iv) impersonate a representative of VicteliB, a licensee, or another website user; (v) engage in or promote any activity, or post or transmit any content, that is illegal, threatening, abusive, offensive, obscene, harassing, defamatory, deceptive, false, unsafe, invasive of another’s privacy, or endangering of minors in any way; (vi) infringe, misappropriate, or violate the copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, rights of privacy or publicity, or other rights of any third party, or violate any contractual, fiduciary or other legal duty or obligation; or (vii) engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the website.
When addressing financial or personal health matters in any of our sites, videos, newsletters or other content, we've taken every effort to ensure we accurately represent our programs and their ability to grow your business and improve your life. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations. Nothing on our sites is a promise or guarantee of earnings or results. We make no guarantees that you will achieve any results from our ideas or models presented on our sites, and we offer no professional legal, medical, psychological or financial advice. You should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention.
THE WEBSITE AND THE SERVICES, INFORMATION AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE AND ANY SOCIAL MEDIA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ALL USE IS AT YOUR OWN RISK. VICTELIB AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE ON OR THROUGH THE WEBSITE OR ANY SOCIAL MEDIA, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR QUIET ENJOYMENT. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE OR SOCIAL MEDIA WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE OR SOCIAL MEDIA WILL BE ACCURATE, COMPLETE, UP-TO-DATE, OR FREE FROM VIRUSES, TYPOGRAPHICAL ERRORS OR ALTERATIONS BY THIRD PARTIES.
IV. INFORMED CONSENT AND RELEASE
You acknowledge and agree that no fitness or wellness program is without inherent risks and that, regardless of the care taken in preparation of the program content, VicteliB cannot guarantee your personal safety. For example, when you induce cardiovascular stress through activity, or engage in muscular endurance, strength building, or other fitness or wellness activities, injuries can range from occasional minor illness or injury (e.g., bruises, pulled muscles, sprains or sprains, or muscle soreness) to infrequent serious injury (e.g., heart attack, stroke, other cardiovascular accidents, muscle tears, herniated disks, torn rotator cuffs, or broken bones) to the very rare catastrophic incident (e.g., death, or paralysis). You acknowledge that when participating in any exercise or conditioning activity, including those depicted in our content, there is always a possibility that minor injuries, major injuries, or catastrophic injury/death may occur. You represent that you are in good physical condition, have no impairment which might prevent your participation in the physical activities described in the content, have been advised to consult a doctor prior to beginning any exercise program or engaging in any activities described in the content, and have been advised to cease exercise immediately if you experience unusual discomfort or feel the need to stop. Your further acknowledge that VicteliB is not providing any medical advice to you.
You do hereby release, waive, discharge, and covenant not to sue VicteliB, its trainers, suppliers, training locations, event hosts and insurance carriers, and their respective owners, officers, directors, employees, agents and other personnel, for any and all liability from any and all claims including without limitation those arising from the negligence or fault of any of the aforementioned released parties. The foregoing release includes without limitation personal injury (including death) from accidents or illnesses arising directly or indirectly from participation in activities or use of facilities, premises or equipment described in our content or directed, suggested, or planned by VicteliB.
V. PROPRIETARY RIGHTS
VicteliB and its suppliers reserve all right, title and interest in and to the website, including but not limited to the Resource Center and other portals and all services, materials, information, and compilations of information available on or through the website and social media, as well as any and all domains and sub-domains, the design, layout, graphics, programming code and "look and feel" of the website, the copyrights, trademarks, service marks, and trade dress appurtenant thereto, all goodwill associated therewith, and all other intellectual property and proprietary rights of any nature throughout the world embodied therein. You may not modify, reproduce, distribute, sell, or create derivative works based upon the website, or the services, information or materials available on or through the website or social media, without VicteliB's prior written consent. All rights not expressly granted to you by VicteliB are reserved.
From time to time, you may provide us with suggestions, ideas or other feedback for the website, social media or the services, information or materials featured on the website or social media. VicteliB, its successors and assigns are and will be free to use, disclose and otherwise commercialize and exploit such feedback free of any and all claims by or monetary obligations to you, or proprietary, confidentiality or other restrictions of any kind, including for purposes of developing improvements to VicteliB's website, social media, services, information and materials.
VI. LINKS TO THIRD PARTY SITES
The website may contain links to Internet or mobile sites not owned or operated by VicteliB, including sites featuring companies, products, services or news that may be of interest or pages that we maintain on YouTube, Facebook, Twitter or other social media sites. The inclusion of these links should not be construed as any sort of affiliation, sponsorship, endorsement or approval. When you access a third party Internet or mobile site, you do so at your own risk. We assume no responsibility or liability for any information, products or services available on or through any third party Internet or mobile site, or for any actions taken by you or others in connection therewith.
VII. LIMITATIONS ON LIABILITY
X. CONTACTING US
XI. DISPUTE RESOLUTION
WAIVER OF CLASS ACTION AND JURY TRIAL. ALL DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS ALL PARTIES TO AN ARBITRATION SPECIFICALLY AGREE TO DO SO FOLLOWING INITIATION OF SUCH ARBITRATION. EACH PARTY ACKNOWLEDGES AND AGREES THAT ITS AGREEMENT TO ARBITRATE A DISPUTE CONSTITUTES AN IRREVOCABLE WAIVER OF ITS CONSISTUTIONAL RIGHT TO HAVE SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY.
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