Terms and Conditions

Terms of Use

Our site, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions, and all other material provided and the collection and compilation and assembly thereof are the exclusive property of  Gymstones Factory LLC or its parent, and are protected by the international copyright laws.

The contents of our site may be used for informational purposes only. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display, or performance of the contents without our prior written consent is expressly forbidden.

Any other trademarks or service marks appearing anywhere on our site are the property of their respective owners. To the extent any product name or logo does not appear with a trademark (™) does not constitute a waiver of any and all intellectual property rights that Gymstones Factory LLC  or its businesses has established in any of its products, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this site for commercial profit or gain. Nothing in these Terms or on the site shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. We hold all rights to the content on this website.

As a condition of your use of the site, you will not use the site, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our site is being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions outlined in the “User Conduct” section. You may not use the site contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the site, or any contents or services. You may not attempt to gain access to any portion of the site, or any of its contents or services, other than those for which you are authorized.

While every effort is made to ensure the timeliness and accuracy of the site content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from its use.

We make no representation or warranty, express or implied, concerning the content of the site, or links to other sites, including but not limited to accurateness, completeness, correctness, timeliness, or reliability. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this site, or the results to be obtained from using the site. We make no representation or warranty that the site or content is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and sites.

While every effort is made to ensure that all content provided on the site does not contain computer viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer and you should ensure that you have a complete and current backup of the applicable items on your computer. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the site. While every effort is made to ensure smooth and continuous operation, we do not warrant the site will operate error-free.

User Conduct

Any material you send or post to our site shall be considered non-proprietary and non-confidential. We do not collect or store any personally identifiable information about you while using our site but please do not send any such information to us. 

When using our site, you shall not post or send to or from the site:

(a) content for which you have not obtained all necessary consents;

(b) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our site is being used;

(c) content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting materials to our site in breach of this section.

You shall not use our site while distracted or preoccupied, such as when operating a motor vehicle. You should access our site only with due regard for your own safety and the safety of others.

Links to and from Third Party Websites

Any links furnished on our site may allow you to leave our site. These third-party websites are not under our control and we disclaim any responsibility for the contents of such linked sites or any link(s) contained in any such linked site(s) or any changes or updates to any of these sites. We further disclaim any responsibility for any form of transmission received from any linked third party website or advertising. If we provide these links to you, it is done simply as a convenience to you, and inclusion of any link herein shall in no way be construed as an endorsement by us of the site(s).

If you would like to link to our site, you may only do so on the basis that you link to, but do not replicate, any page of our site, and subject to the following conditions:

(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

(b) you do not misrepresent your relationship with us or present any false information about us;

(c) you do not link from a website that is not owned by you; and

(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person, or does not comply in any way with the law of the United States of America.

If you choose to link our website in breach of this section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimers

All information on our Site is of a general nature and is furnished for your knowledge and understanding and as an informational resource only. The documents and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on our site. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the site or reliance on the information from either.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

Medical Disclaimer

All information on our site is written and produced for informational purposes only. Statements on this site have not been approved by the Federal Drug Administration. Our site’s content should not be considered a substitute for professional medical advice and expertise, or as a substitute for medical diagnosis or treatment of any health condition or problem. Always consult your physician before adopting any new diet or lifestyle practices. Any questions regarding your own health should be addressed directly with your own physician or other healthcare providers. Any of the materials released, participation, classes, or activities through Gymstones Factory LLC should not be used as a replacement for seeking medical advice. WE ARE NOT RESPONSIBLE FOR ADVERSE REACTIONS, EFFECTS, OR CONSEQUENCES RESULTING FROM THE USE OF ANY RECIPES, PARTICIPATION IN ANY CLASSES OR ACTIVITIES, OR THE USE OF ANY SUGGESTIONS HEREIN OR PROCEDURES UNDERTAKEN HEREAFTER.

Limitation of Liability

YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the site or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

General

These Terms, together with the Privacy Policy, and any legal notices published by us on the site, shall constitute the entire agreement between us concerning the use of the site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Liability Waiver

ACKNOWLEDGEMENT AND RELEASE OF LIABILITY

By electronically signing the form below, “I Accept”:

I acknowledge that my participation in health and wellness coaching is expressly conditioned on my agreement to each of the terms of this document. I acknowledge and agree as follows:

1. Physical exercise, sport, and recreational activities may cause injury. I understand that there is an inherent risk of injury when choosing to participate in any physical exercise, sport, wellness, and/or recreational activities. My participation is a voluntary activity in all respects and I assume all risks of injury and illness that may result from such participation in any individual activities.

2. As the participant, I recognize and acknowledge that there are risks of physical injury and I agree to assume the full risk of any injuries (including death), damages, or loss which I may sustain as a result of participating in any and all activities arising out of, connected with, or in any way associated with wellness activities. I acknowledge that participation in these activities is voluntary.

3. I, on behalf of myself , do hereby fully release and discharge Gymstones Factory LLC and their agents and contractors from any and all liability, claims, and causes of action from injuries or illness (including death), damages or loss which I may have or which may accrue to me on account of participation in suggested wellness activities. This is a complete and irrevocable release and waiver of liability. Specifically, and without limitation, I, on behalf of myself, hereby release the Released Parties from any liability, claim, or cause of action arising out of the Released Parties’ negligence.

I, on behalf of myself, covenant not to sue the Released Parties for any alleged liabilities, claims, or causes of action released hereunder.

4. I further agree to indemnify and hold harmless and defend the Released Parties from any and all claims resulting from injuries or illness (including death), damages, or loss, including, but not limited to attorneys’ fees, sustained by me arising out of, connected with, or in any way associated with my participation in wellness activities.

5. In the event of any emergency, I authorize the Released Parties to secure from any licensed hospital, physician and/or medical personnel any treatment deemed necessary for my immediate care and agree that I will be responsible for payment of any and all medical services rendered.

6. I have been advised by Gymstones Factory LLC to consult with a physician before I undertake any physical exercise program. I certify that I am in good health and sufficient physical condition to properly participate in fitness activities; that I am knowledgeable about the proper use of any and the rules of any activities that I will participate in; and that I will carefully read the operating instructions for any exercises prior to demonstrating and will perform in strict accordance with instructions.

I have read and fully understand this Acknowledgement and Release of Liability set forth above, including the permission to secure medical treatment and the release of all claims, including claims for the negligence of the Released Parties.

I am 18 years old or older. This document is binding upon me and my heirs, children, wards, personal representatives and anyone else entitled to act on my behalf.

By electronically signing the form, “I Accept”.