Please Read Carefully Before Using This Website
LAST UPDATE: June 12, 2014
By your use of this site you agree that:
1. You are at least eighteen years old, and
2. You have read, and fully understand and agree to abide by this Agreement and the documents it incorporates by reference, and
3. You intend to form a legally binding contract by utilizing or viewing this site, and
4. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.
If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or request our services through this Website.
Within Company's sole discretion these terms are subject to amendment, change, modification, revision, or termination at any time without advance notice to you. Any and all such changes shall be immediately effective at the time they are posted on the Site and it is your (the user's) duty to maintain through the Site, your familiarity with these terms and conditions as they change over time.
1. Information and Privacy User Conduct:
2. User Conduct:
You agree not to post on the Website any content that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets, or any right of privacy or publicity, or (d) otherwise violates any applicable law. You will not post on this Website any links to any external Internet sites that are obscene or pornographic. Any information that you provide to Company must be true, complete, and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance, or regulation.
3. Copyright/Restrictions on Use of Material
The Site(s), the software used with the Site, and all content such as computer code, text, graphics, site images, etc., along with the collection, arrangement, and assembly of such, are the exclusive intellectual property of Company, or its affiliates, and is protected by both United States and international intellectual property laws; specifically, copyright, trademark/service mark, trade secret, trade dress, patent, and/or other proprietary rights and laws.
Company grants to you only a limited, non-exclusive, non-transferable, non-assignable license to use the intellectual property on the Site solely for the purposes of viewing the Site. Except as expressly provided herein, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Company. You may not use a part of this Website on any other website, without Company’s prior written consent. You may not sell, resell, de-compile, reverse engineer, disassemble, or otherwise translate any of the software portions of the Site or to a human-readable form. You may not copy, reproduce, republish, upload, post, transmit, or distribute materials from the Site or in any way except as authorized herein or thereon or by other prior written permission from Company. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site or, in whole or in part, nor use any content for any purpose other than that intended, unless previously authorized by us in writing. Any unauthorized use of any material contained in the Site is strictly prohibited.
Company respects the intellectual property rights of others and expects our users to do the same. The policy of Company is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
4. No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to Company that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Gathering email addresses from Company through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Company should be directed to: email@example.com.
6. Trademarks, Service Marks, Logos, Corporate Identifications Protected
All trademarks, service marks, logos, or other corporate identifications (collectively "Marks") on this Website are trademarks or service marks of Company. User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other website is strictly prohibited without prior written approval by Company.
This Website contains links to third party sites. User accesses these sites at User's own risk; the Website is not responsible for the contents, changes, updates, or other links contained in a linked site. Company provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by the Website or the URL of the site.
Any third party desiring to link to the Website must link to the Website's homepage located at http://www.ih8exercise.com. No one may link to any other page of this Website without the prior written consent of Company.
You may not link to this Website without Company’s written permission. If you are interested in linking to this Website, please contact firstname.lastname@example.org.
8. General Disclaimer
Although Company has made reasonable efforts to place accurate information on this Website, Company assumes no responsibility for the accuracy of the information. Company PROVIDES THIS WEBSITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. FURTHER, ANY EDUCATIONAL MATERIAL, SEMINAR MATERIAL, OR ANY OTHER REFERENCE IS PROVIDED "AS IS" WHERE IS AND COMPANY FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE CURRENT ACCURACY OF EDUCATIONAL OR OTHER MATERIAL AS BEING CURRENT INFORMATION OR INFORMATION THAT MAY BE RELIED ON TO MAKE BUSINESS OR OTHER DECISIONS. COMPANY DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
COMPANY SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, FOR EDUCATIONAL MATERIAL SOLD OR DISTRIBUTED ON THIS SITE OR AS CONTAINED IN SEMINARS OR EDUCATIONAL CLASSES PROVIDED AT THIRD-PARTY LOCATIONS WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.
THIS WEB SITE IS NOT DESIGNED TO, AND DOES NOT, PROVIDE MEDICAL ADVICE. ALL CONTENT, INCLUDING TEXT, GRAPHICS, VIDEOS, IMAGES AND INFORMATION AVAILABLE ON OR THROUGH THIS WEB SITE ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY.
THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEB SITE. NEVER RELY ON INFORMATION ON THIS WEB SITE IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE.
ih8exercise.com AND ITS OWNERS AND EMPLOYEES ARE NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS SITE. YOU ARE ENCOURAGED TO CONFER WITH YOUR DOCTOR WITH REGARD TO INFORMATION CONTAINED ON OR THROUGH THIS WEB SITE. AFTER READING ARTICLES OR OTHER CONTENT FROM THIS WEB SITE, YOU ARE ENCOURAGED TO REVIEW THE INFORMATION CAREFULLY WITH YOUR PROFESSIONAL HEALTHCARE PROVIDER.
User agrees to indemnify and hold harmless, to the fullest extent allowed by law, Company, at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.
11. No Partnership or Agency
User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and Company as a result of use of the Website.
12. Limitation Of Liability
Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video or audio from the site. We are also not responsible for any loss attributed to our failure to provide timely reminders to our users. In no event shall Company or any third-party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, or (ii) the performance or non performance by Company or any third-party providers, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution, or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.
13. Compliance With State And Federal Laws
Use of this Site is governed by all applicable federal, state, and local laws. All information available on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. Company makes no representation that the Content on this Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal and prohibited.
Company may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, Company cannot be held liable if we fail to notify you.
These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in California if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
If you believe you are the copyright holder of content that has wrongfully appeared on ih8exercise.com or its related properties (e.g., the ih8exercise Facebook page), please contact Lorie Parch immediately at email@example.com with your request to have this content removed. Please provide as much detail as possible and include a way for us to reach you. We take wrongful use of content very seriously and will endeavor to respond to your request as quickly as possible.
PLEASE READ THE FOLLOWING TERMS AND POLICIES CAREFULLY. WHEN YOU USE OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND POLICIES.
TERMS OF SERVICE
Illegal or Abusive Usage is Strictly Prohibited: You must not abuse, harass, threaten, impersonate or intimidate other users of our website. You may not use the ih8exercise.com service or its related social media platforms (to include Facebook, Twitter, Google Plus, Tumblr, Flickr, Instagram, Reddit, StumbleUpon, Pinterest, LinkedIn, or other platforms) for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. Should you be found to have engaged in illegal or abusive usage of our website, ih8exercise.com, or related properties, the administrators will suspend your account or usage as applicable.
Electronic Communication: When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright: All content included on this site, such as text, graphics, logos, button icons, images, video, audio clips, digital downloads, data compilations, and software, is the property of ih8exercise.com protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of ih8exercise.com and protected by U.S. and international copyright laws. All software used on this site is the property of ih8exercise.com or its software suppliers and protected by United States and international copyright laws.
Trademarks: ih8exercise.com and other, related platforms (as identified above) with ih8exercise.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of ih8exercise.com in the U.S. and/or other countries. ih8exercise.com's trademarks and trade dress may not be used in connection with any product or service that is not ih8exercise.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ih8exercise.com. All other trademarks not owned by ih8exercise.com that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ih8exercise.com.
License and Site Access: ih8exercise.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ih8exercise.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information including but not limited to images, text, page layout, or form of ih8exercise.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing ih8exercise.com's name or trademarks without the express written consent. Any unauthorized use terminates the permission or license granted. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ih8exercise.com so long as the link does not portray ih8exercise.com or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ih8exercise.com logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account: If you use this site, you are responsible for maintaining the confidentiality of your account and password, if any are required, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ih8exercise.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Risk of Loss: All items purchased from ih8exercise.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY IH8EXERCISE.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. IH8EXERCISE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IH8EXERCISE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IH8EXERCISE.COM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM IH8EXERCISE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IH8EXERCISE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE 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 ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law: By visiting our website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ih8exercise.com.
Disputes: Any dispute relating in any way to your visit to our website or to products or services sold or distributed by ih8exercise.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in the County of Los Angeles in the State of California, and you consent to exclusive jurisdiction and venue in such courts.
HOW WE RESPOND TO "DO NOT TRACK" SIGNALS
California Do Not Track Disclosures, as per CalOPPA (updated June 12, 2014):
ih8exercise.com endeavors to be fully compliant with the California Online Privacy Protection Act of 2003, including subsequent updates in 2013 to the Act, regarding our policies and practices in collecting personally identifiable information (including first and last name, home or other physical address, email address, telephone number, Social Security number, or other personal identifiers) about Californians.
ih8exercise.com has not created any tracking itself, beyond what is tracked by Squarespace, the platform in which the ih8exercise.com is built, and by Google, through the advertisements that are served on ih8exercise.com through Google Ads.
There are no other parties collecting personally identifiable information of consumers while they are visiting ih8exercise.com.
ih8exercise.com gathers names and email addresses that are voluntarily supplied by individuals who sign up to receive our monthly email newsletter. This information is used only to deliver the newsletter to an individual and to track internal data about the newsletter, such as whether or not people opened the newsletter and/or clicked on links within the newsletter.
ih8exercise.com also gather names, email addresses, mailing addresses, and credit card information from those who purchase merchandise from our online shop. This information is used only to fulfill the merchandise order or conduct related business (e.g. merchandise return, correspondence, refund). Email addresses of those who purchase an item from our online shop are added to the mailing list for the ih8exercise.com email newsletter. None of this information is available to, accessible by, or sold to another party.
We do not collect additional personally identifiable information beyond what is necessary to conduct the above-mentioned transactions, which are voluntarily entered into by the consumer or user of our site.
Any individuals who want to receive our newsletter or order merchandise must provide us with the above-mentioned information in order for us to fulfill their request. They may not opt out of providing this information.
If a user clicks on any ad on ih8exercise.com Google's AdSense platform will track that information and behavior as well and the administrators of ih8exercise.com can see which ads on the site were clicked on, how often, and also earn revenue from these clicks on advertisements. This information and behavior do not reveal any personally identifiable information, however, to the administrators of ih8exercise.com. In other words, if a user clicks on an advertisement on ih8exercise.com, the people who run ih8exercise.com will not have any information to identify that individual.
ih8exercise.com also uses Google Analytics to identify demographic information about our audience (e.g., age range, general location, gender), the content they engage with, how long they stay on the site, and other metrics related to user behavior and preferences. We use this information with the goal of improving the user's experience on our site. None of this information is traceable to individual users or their personally identifiable information.
Log Data: When you visit the ih8exercise.com, our servers automatically record information that your browser sends whenever you visit a website as Log Data. This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the websites you visit, the search terms you use, and any advertisements on which you click. For most users accessing the Internet from an Internet service provider the IP address will be different every time you log on. We use Log Data to monitor the use of the Site and of our Service, and for the Site’s technical administration. We do not associate your IP address with any other personally identifiable information to identify you personally, except in case of violation of the Terms of Service.
Cookies and Other Technologies
Other Technologies: Other technologies used include clear GIFs and IP address logging. Clear GIFs also known as web bugs, beacons or tags, are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or e-mail message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.
Service Providers: We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
Law Enforcement: We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of ih8exercise.com or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.
ih8exercise.com maintains a process for an individual consumer who uses or visits our site to review and request changes to any of his/her personally identifiable information that is collected through the Website. If you wish to have more information about your information or have it removed from the site and from our database, please contact us at firstname.lastname@example.org.
Photo by Alejandro Escamilla