The Platform is owned and operated by Ready2Exercise, a division of Rehabilitation Health, LLC ("Ready2Exercise," "we," "us," or "our"). The Platform includes all information, text, visual images, software, products and services used or available through the Platform. The Platform is intended to be used only for lawful purposes. These Terms apply to any visitor to or user of (collectively "Users") our Platform. These Terms govern your use of the Platform, the Services offered through the Platform, submissions of content you make to the Platform in whatever form ("Content") and your use of Content submitted by other Users. From time to time, we may revise these Terms. Any such revised Terms will be posted on the Platform and will be effective immediately upon posting.
The Services are not for use by anyone under the age of 18. By using the services, you represent that you are at least 18. To use the Services, you agree that (1) you will only have one Ready2Exercise account and (2) you are not already restricted by Ready2Exercise from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.
You may access the Platform generally and/or browse generally without registering with the Platform. In order to access the Services, you must register to create a user profile ("Profile"). You must complete the registration process by providing us with current, complete and accurate information. By creating a Profile, you acknowledge and agree that you are doing so out of a genuine interest in the Services. You are solely responsible for updating any and all pertinent registration information, including your Profile. If you create a Profile with false, inaccurate or incomplete information, or you fail to update such information, this shall constitute a breach of the Terms of Use, which may result in immediate termination of your Profile. Ready2Exercise reserves the right in its sole discretion to refuse registration of, or cancel your account at any time. You are solely responsible for maintaining the confidentiality Profile. You agree to notify Ready2Exercise immediately in writing of any unauthorized use of your Profile or any other breach of security. You agree not let anyone else access your Profile, or do anything else that might jeopardize the security of your Profile. You acknowledge and agree that you are liable for any damages or losses to Ready2Exercise and other Users by any use of your Profile, either authorized or unauthorized. You agree that your Profile will be self-directed and that you are solely responsible for all interactions, purchases, orders, decisions and instructions placed through your Profile.
In connection with your use of our Platform or the Service, you may provide Content and interact with other Users. As a condition to your use of our Platform or the Service, you agree that you will not:
In connection with use of the Platform and the Service, each User represents and warrants that he or she:
You agree that we may communicate with you through email or other means about your Platform registration or Services through the Platform. You agree that we shall have no liability associated with or arising from your failure to maintain accurate contact information.
The Ready2Exercise IP contains confidential and sensitive trade secrets of Ready2Exercise. We do not permit you to disclose this information to anyone other than another User, and we do not permit you, or other Users, from using this information for any purposes other than those that consist of participating in our Services, as provided herein.
For more information, refer to our Security Policy.
Subject to compliance with these Terms and the obligations hereunder, Users have a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable license to access and use the publicly available areas of our Platform through the web application and through a generally available web browser only for its intended purpose. Subject to compliance with the Terms and the obligations hereunder, Users have a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable license to access and use the password-protected areas of our Platform through the web application and a generally available web browser only for its intended purpose. Subject to compliance with these Terms and the obligation hereunder, Users have a worldwide, royalty-free, non-transferable license to refer to or provide a link to the publicly available areas of our Platform if such links are provided for the purpose of furthering the purpose of our Platform. Users are not entitled to create links to Content submitted by other Users. Except as specifically permitted, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content or any information included on our Platform.
Users may submit Content to the Platform and participate in discussions and online meetings and utilize Services and tools on the Platform. By submitting any Content to the Platform, Users grant to Ready2Exercise and to all other Users a royalty-free, perpetual, irrevocable, non-exclusive, fully paid and transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, perform and display such Content worldwide or to incorporate the Content into any other works in any form or media without restriction or compensation and to grant and authorize sublicenses thereof. Any Content contributed to the Platform by a User becomes public upon submission of the information. Content posted on the Platform may be accessed by everyone on the Internet, including those who are not Users, and may appear in public search results. Users can also restrict the information available to others by deleting information you do not want visible or by not providing it at all. Our Privacy Policy does not protect information which you disclose on the Platform. Ready2Exercise can offer no assurance that others who access Content will not misuse the Content. Ready2Exercise may not preserve or return Content which Users submit. Users should, therefore, maintain copies of any Content which they submit.
Our Platform may contain hyperlinks or other connections to Platforms operated by persons or entities other than us. While we try to provide links to only quality sites, we do not endorse and are not able to verify the accuracy of the information on these websites. We are not responsible for the content of those websites.
Ready2Exercise reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Ready2Exercise logos and other Ready2Exercise trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Ready2Exercise.
THE READY2EXERCISE SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION OR SUGGESTIONS AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER, OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE READY2EXERCISE PLATFORM. THE USE OF INFORMATION PROVIDED THROUGH THE READY2EXERCISE SERVICE IS SOLELY AT YOUR OWN RISK. YOU ARE ENTIRELY RESPONSIBLE AND ASSUME ALL RISK FOR USE OF THE CONTENT ON THIS APPLICATION AND THE PERFORMANCE OF ANY ACTIVITY DEPICTED HEREIN AS WELL AS THE USE OF ANY SUPPLEMENT, NUTRITION PRODUCT, EXERCISE EQUIPMENT, OR RELATED PRODUCT. YOU SHOULD NOT USE THE CONTENT OR ACTIVITIES PERFORMED OR DESCRIBED THEREIN IN HIGH-RISK ACTIVITIES OR WHERE YOU HAVE ANY PHYSICAL, MEDICAL, OR HEALTH CONDITION WHICH MAY LIMIT OR AFFECT YOUR ABILITY TO PERFORM ANY ACTIVITY DEPICTED OR DESCRIBED HEREIN. PERFORMING ANY ACTIVITY DEPICTED OR DESCRIBED ON THIS WEBSITE INVOLVES A RISK OF PERSONAL INJURY, AND YOU EXPRESSLY ASSUME ALL RISKS OF HARM. IF AT ANY TIME WHILE YOU ARE PERFORMING ANY ACTIVITY DEPICTED HEREIN YOU FEEL DISCOMFORT, LIGHT-HEADED, NAUSEOUS OR HAVE CHEST OR ANY OTHER PAINS, YOU SHOULD STOP IMMEDIATELY AND CONTACT A DOCTOR OR DIAL 911.
You acknowledge and agree that:
Subject to the limitation of liability set forth below, we warrant to Users that we will use commercially reasonable efforts to safeguard Personally Identifiable Information as provided in the Privacy Policy. OTHER THAN THE EXPRESS LIMITED WARRANTY SET OUT ABOVE, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTIES' RIGHTS, TITLE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE PLATFORM OR INFORMATION PROVIDED THEREIN. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (1) ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS, OR TIMELINESS OF OUR PLATFORM, (2) THE QUALITY AND SECURITY OF OUR PLATFORM, OR (3) THE INABILITY TO ACCESS OUR PLATFORM OR ITS CONTENT, INCLUDING WHETHER OUR PLATFORM WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS, OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OUR PLATFORM. WHEN USING OUR PLATFORM, INFORMATION WILL BE TRANSMITTED OVER THE INTERNET, A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF OUR PLATFORM, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR PLATFORM. ANY MATERIAL DESCRIBED OR USED ON OUR PLATFORM MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US. WE MAKE NO WARRANTIES WHATSOEVER AS TO THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE ON THE PLATFORM OR IN OFFERING DOCUMENTS. WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF USERS OF OUR PLATFORM, AND WE HAVE NO OBLIGATION TO MONITOR THE USE OF OUR PLATFORM BY OTHER USERS. THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
READY2EXERCISE SHALL NOT BE LIABLE FOR ANY DAMAGE, LIABILITY, OR LOSS RESULTING FROM THE PRODUCTS, SERVICES, OR EVENTS, INCLUDING BUT NOT LIMITED TO INJURY, THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS OR THEFT. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING, OR DOWNLOADING ANYTHING FROM OUR PLATFORM OR ATTENDING OUR EVENTS. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING OUR PLATFORM OR ATTENDING OUR EVENTS. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR PLATFORM OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED PLATFORMS), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH OUR PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF OUR PLATFORM, OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE, OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE PLATFORM (WHETHER ARISING IN TORT, CONTRACT, BREACH OF WARRANTY, OR OTHERWISE) OR UNDER THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Ready2Exercise, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms of Use.
We expressly disclaim any implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranties that are not expressly stated are hereby waived to the fullest extent permitted by law.
You may terminate your account with us for any reason or no reason, at any time, upon notice to us. Your termination notice will be effective upon our processing the notice. We do not offer refunds of any kind. We may terminate your account with us for any reason or no reason, at any time, with or without notice. A termination by us will be effective immediately or as may be specified in any notice from us. Termination of your account with us includes disabling your access to our Platform and may also bar you from any future use of our Platform. We may immediately restrict, suspend, or terminate your account if you abuse or misuse our Platform or engage in any behavior that we, in our sole discretion, deem contrary to the purpose of the Platform. If you violate any of the Terms, we may immediately terminate your limited license to use our Platform. Upon the termination of your account with us, you lose access to our Platform. In addition, we may block access to our Platform from an IP address or range of IP addresses associated with those of terminated Users.
You are solely responsible for your interaction with other Users that involve or arise from your relationship to the Platform. Although we may monitor claims that involve you and other Users, we have no obligation to become involved. If you become involved in such a dispute, and our provision of Services is an insubstantial factor (or no factor) in creating this dispute, then you release us from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or connected with such dispute.
We do not anticipate having any disagreements with you, the user, regarding usage of this Platform. But if any concerns about these matters arise, please notify us immediately. We would endeavor to resolve any disagreements in a fair and amicable manner. If it is not possible to resolve the disputes ourselves, then each party hereby agrees that all disputes or claims between you and the Company of any nature whatsoever, including but not limited to those relating to use of the Platform or the quality or appropriateness of services offered by the Platform shall be resolved by binding arbitration.
You agree that, by entering into this Agreement, you and Ready2Exercise are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement. You and Ready2Exercise agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitration shall be conducted by the Judicial Arbitration and Mediation Services ("JAMS"). The arbitrator must decide all disputes in accordance with the chosen association's rules and in accordance with Utah law, and shall have power and obligation to decide all matters submitted, including arbitrability and legal questions raised by pleading or summary judgment motions. If any dispute or claim is determined not subject to arbitration by the arbitrator, then all parties agree that their respective rights and obligations shall be governed by the laws of the State of Utah, excluding its choice of law rules. Furthermore, if any dispute or claim is determined not subject to arbitration by the arbitrator, then all parties agree that any and all legal action or proceedings shall be instituted in a state or federal court in Utah.
If you believe that a User has acted inappropriately, or you have a complaint regarding a product, then you may report your concerns either via the links we have included on the Platform, or by contacting us by the means described herein. If we are notified by a User that he or she believes that a User has acted inappropriately, then we may investigate the allegation and determine in good faith, in our sole discretion, to take action with respect to such person.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of our Platform believes its copyright rights have been infringed on our Platform, then the copyright(s) owner ("Complaining Party") should contact us immediately. To be effective, the notification must include:
For general inquiries, you may contact us at info@ready2exercise.com. For legal notices or service of process, you may write us at this address: PO Box 982212, Park City, UT 84098
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