Warrior Up Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS APPLICATION
You agree that access to and use of the WarriorUp® Application (the “Application”)the Application are subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this site. The contents and any information or materials created by or accessed from this program (the “Content”) are for information purposes only.
4LNS (“We,” or “us” or “our” depending upon the context) may revise and update these Terms and Conditions at any time. Your continued use of the Application will mean you accept those changes.
The Application is not intended to be and should not be relied on as a substitute for professional medical or health advice, diagnosis or treatment. The Application is also not intended to recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be provided or made available through use of the Application. Reliance on any information provided by or through the Application is solely at your own risk.If you have any concerns or questions about your health, you should seek the advice of your physician or other qualified health provider. Never disregard professional medical advice or delay in seeking it because of Content from the Application. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site.
If you think you may have a medical emergency, call your doctor or 911 immediately.
You should consult your physician or other health care professional before starting 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 a fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.
Limitation of Liability
In no event shall we be liable for any special, incidental, exemplary or consequential damages (including, without limitation, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) that result from your use of, or inability to use, the Application or the Content or the performance of the Application, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. We shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $2,500. Any claims arising in connection with your use of the Application or any Content must be brought within two (2) years of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
Assumption of Risk
By using any of the information or services (“Services”) found on this or any 4LNS owned website or communications medium, you acknowledge and agree that you are doing so at your own risk. Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material. Your health and safety with respect to such Services are your sole responsibility. You acknowledge that all activities related to the Services from 4LNS may result in bodily injury to you or worse. Your decision to receive Services from 4LNS is voluntary, and you know of, understand and assume any and all the risks associated therewith.
All Rights Reserved
You may, subject to any expressly stated restrictions or limitations relating to specific material, download, electronically copy or print portions of the Content solely for your own non-commercial use if you include the copyright notice located at the end of such Content, for example: “© 2019, 4LNS. All rights reserved.” Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by us. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Title to the content and the Application remains with 4LNS.
We may make certain software or video content available to you from the WarriorUp ®. If you download software or video included in the WarriorUp® program, the software or video, including all files and images contained in or generated by the download, and accompanying data (collectively, “Software or Video”) are deemed to be licensed to you by us, for your personal, noncommercial, home use only. We do not transfer either the title or the intellectual property rights to the Software or Video, and we retain full and complete title to the Software or Video as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software or Video. All trademarks and logos are owned by us or our licensors and you may not copy or use them in any manner.
The Application contains functionality and other interactive areas, including blogs, message boards, user reviews, etc. (collectively “Public Areas”) that allow users to post or upload content and other information, including comments, images, questions, reviews, and other materials (the “User Content”). If you make any submission or post Content to a Public Area [or a Social Media Platform], you agree that you will not post, send or transmit to us any communication or content that infringes or violates any rights of any party. If you post or submit any business information, idea, concept or invention, you agree such submission is non-confidential for all purposes.
If you use, or post User Content on, a Public Area, such as message boards or blogs, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas.
We cannot and does not assume any responsibility or liability for any information you post or submit, or your or third parties’ use or misuse of information transmitted or received using our tools and services.
We do not and cannot review all communications and materials posted to or created by users accessing the site and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, we are merely acting as a passive conduit for such distribution and do not undertake any obligation or liability relating to any contents or activities on the site. However, we reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to us in our sole discretion.
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your WarriorUp passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your WarriorUP account and password; (3) promptly inform WarriorUp if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password.
The Application is provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. We do not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the Application, server or other infrastructure that makes the Application available are free of viruses or other harmful components. 4LNS does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
These terms and conditions are applicable to you upon your accessing the Application and/or completing the registration process. These terms and conditions, or any part of them, may be terminated by us. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
We may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to us.
We impose certain restrictions on your permissible use of the Application. You are prohibited from violating or attempting to violate any security features of the Application, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Application or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Application to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Application; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Application. Any violation of system or network security may subject you to civil and/or criminal liability.
We are committed to protecting the privacy of children. You should be aware that the Application is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
You agree to indemnify, defend, and hold harmless 4LNS and its officers, directors, employees, affiliates, consultants, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, we may link to sites operated by third parties. However, even if the third party is affiliated with us, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of ours. These linked sites are only for your convenience and therefore you access them at your own risk.
Governing Law; Venue
You expressly agree that exclusive jurisdiction for any dispute with us, or in any way relating to your use of the Application, resides in the courts of the State of [Texas] and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of [Texas] in connection with any such dispute including any claim involving 4LNS or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of [Texas], without respect to its conflict of laws principles.