I warrant and represent that I am at least 18 years of age and have the legal right and capacity to enter into these ExRx Terms and Conditions and to use ExRx Services or Products in accordance with the ExRx Agreement.
By using ExRx Services or Products you agree to accept without reservation and be bound by this agreement's terms and conditions. You should not use ExRx Services, Products, nor the ExRx Web site if you do not want to be bound by or do not agree with such terms and conditions in this agreement. You further acknowledge, understand and agree that any terms and conditions may change from time to time without notice to you. By using ExRx Services or Products you agree to be bound by and accept such changed terms and conditions without reservation.
ExRx refers to ExRx.net LLC and its associates. You and I refer to the individual entering into the ExRx Agreement, or the party recieving a service from ExRx.net LLC and its associates.
INFORMED CONSENT
You are aware that activities mentioned in the service may include, but not limited to vigorous cardiovascular activity, strenuous exertion of strength training, stretching, and lifestyle changes. Your understand these activities involve certain risks, including, but not limited to heart attack, stroke, injury to bones, joints, or muscles, serious spinal and neck injuries resulting in complete or partial paralysis. You are voluntarily participating in mentioned activities with full knowledge of the involved dangers and hereby agree to accept any and all inherent risks of injury, property damage or death.
INDEMNIFICATION
You acknowledge and agree that the limitations mentioned in this section are essential elements of this agreement and the service would not be provided to you in absent such limitations.
You agree to indemnify and hold harmless ExRx for any and all claims arising as a result of my use of ExRx services or products, or as a result of engaging in any activities incidental thereto, whenever, wherever or however the incident may occur. You agree that ExRx, its owners, independent contractors, employees or associates are not responsible for any loss of property, injury, or death related to your use of ExRx Services, including using the ExRx web site, participating in physical activities, or utilizing information obtained from ExRx, for any reason whatsoever, including ordinary negligence on the part of ExRx. You agree that ExRx, its owners, independent contractors, employees or associates shall have no liability to you under any interpretation of law, liability or indemnity in relation with your use of ExRx Services or Products. You hereby discharge, release and forever waive any and all claims you may have against ExRx, its owners, independent contractors, employees or associates or the like including but not limited to claims based upon the negligence of ExRx, its owners, independent contractors, employees or associates or the like for damages or losses you sustain in connection with your use of ExRx Services or products. You hereby voluntarily waive any and all claims against ExRx resulting from any cause, including ordinary negligence, both present and future, that may be made by you, your family, estate, heirs, or assigns.
In no event shall ExRx or its associates be liable for any injury, death, loss, or damages whatsoever arising from the use of, or inability to use, the service, whether based on negligence, tort, breach of contract, product liability or otherwise, even if advised of the possibility of such loss, injury or damages. This disclaimer of liability includes, but is not limited to, any failure of performance, communication line failure, computer virus, deletion, defect, delay in operation or transmission or delivery, error, interruption, omission, destruction or theft or unauthorized access to, modification of, or use of records, files or programs; whether for breach of contract, tortuous behavior, negligence, or under any other legal argument or cause of action. ExRx's liability in any case regarding goods or services purchased is expressly limited to replacement of defective goods, or at ExRx's preference, to credit or repay the buyer with an amount equal to the purchase price of the service or goods.
Under no circumstances including but not limited to negligence, shall ExRx be liable for any damages (special, consequential, incident or punitive) arising out of your use of, or your inability to use, ExRx services or products, even if ExRx or a representative has been advised of the possibility of such damages. You expressly understand and agree that ExRx shall not be liable for any incidental, special, direct, indirect, exemplary or consequential damages, including but not limited to, damages for loss of profits, use, goodwill, data or other intangible losses (even if ExRx has been advised of the possibility of such damages), resulting from: (a) the cost of obtaining substitute goods and services resulting from any goods, information or services purchased or acquired or transactions placed through or from the site; (b) the use or the inability to use services or information provided by ExRx; (c) statements or behavior of any third party; or (d) modification of transmissions or data or unauthorized access; (e) any other matter associated with the service or web site.
Some jurisdictions do not allow certain limitations of liability and the exclusion of certain warranties. Consequently, some of the exclusions or limitations described in this Indemnification may not apply. In the event that any of the limitations on liability or remedies contained in this agreement shall be deemed invalid by a court of competent jurisdiction, Under no circumstances shall ExRx's damages under any legal theory exceed the sum of $100.
LIMITED WARRANTY
No information or advice, whether written or oral, obtained by you from ExRx or through or from the ExRx site shall create any warranty not expressly stated. You expressly understand and agree that the ExRx services, products, information and materials provided by ExRx, suppliers to ExRx and their associates is provided "as available" and "as is" without warranty of any kind, whether expressed or implied, including but not limited to any warranty as to the completeness, accuracy, reliability, currency, or content, and the implied warranties of condition or applicability for a particular purpose. You expressly understand and agree that your use of the materials are provided at your sole risk. The entire risk as to the accuracy, quality, adequacy, currency, correctness, completeness, or validity of material, information or correspondence provided by or through the service of ExRx rests with you.
ExRx does not warrant that (a) services, products, and information will meet your requirements, (b) the quality of any services, information, or products purchased or obtained by you through the ExRx site will meet your expectations, (c) services and information will be error-free, uninterrupted, secure, timely, or, (d) the results that may be obtained from the use of the services, products, and information will be reliable or accurate, and (e) any errors in the services, products, and information will be corrected.
Any information, application, or aplet downloaded or acquire through the use of the ExRx services or the ExRx web site is done at your own risk and discretion. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such information, application, or aplet.
ExRx shall not be liable for any loss, injury, or death caused by or related to, in whole or in part, by any negligent acts or omissions in obtaining, collecting, compiling, interpreting, communicating, reporting, or delivering information provided by the ExRx or contained in the ExRx Site.
Information provided by ExRx contain links to web sites operated by other parties. These links are provided for your convenience only and you access them at your own risk. ExRx does not control nor necessarily endorse such web sites nor is ExRx responsible for the content, performance and condition of these sites. Links provided by ExRx do not imply any endorsement of the material and/or products on these other web sites.
INFORMATION ON THE SERVICE
You can download or print any information provided by ExRx provided such is for your personal use only. You may not, in part or in whole reprint, reproduce retransmit, or distribute any information unless obtaining ExRx's prior written permission.
ExRx, its suppliers, and associates assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other materials. While ExRx endeavors to keep information accurate and current, ExRx, its suppliers, and associates cannot guarantee, and will not be responsible for any loss or damage related to the completeness, accuracy, or timeliness of the information.
You can only use ExRx Services for lawful educational purposes. The ExRx Services, information, advice, and recommendations are intended solely as general educational aids and they do not constitute either medical or health care advice for any individual problem or a substitute for medical, health care, or other professional advice and services from a qualified health care provider familiar with your particular conditions or circumstances. Always seek the advice of your physician or other qualified health care professional prior to starting any new or modified regimen and regarding any medical condition. You understand and agree that nothing exchanged during the ExRx Services or contained within the ExRx web site is or should be interpreted as a medical treatment or diagnosis, and neither ExRx nor its suppliers, associates, or other users are engaged in giving legal, medical, counseling or other professional services or advice. Your use of the Service is also subject to all additional disclaimers and warnings that may appear throughout the ExRx website and within correspondences from ExRx.
MODIFICATIONS OF SERVICE OR TERMS AND TERMINATION
ExRx may terminate your service at any time, with or without cause, without notice, in ExRx absolute discretion. ExRx may at any time, without notice or liability, change or eliminate any content or feature of the ExRx Web site or service, or restrict the use of any part of the Service, including restricting the time of the services availability, the amount of use allowed, or the individuals who are permitted to use the service. Your only right with regard to any dissatisfaction with any change or elimination of service is to cease your continued use of the service and request your money back for the unfulfilled duration of the service.
ExRx has the right to change this Agreement at any time and in any way, without notice or liability. Any such modifications will be effective immediately upon posting of the modified Terms. Accordingly, you agree to review the Terms periodically. Your continued use of the Service willed be deemed your acceptance of the modified Terms. Your only right with regard to any dissatisfaction with any modified Terms, policies or practices of ExRx in providing the Service, including, without limitation, any changes of the Service, is to cease your continued use of the Service and request your money back for the unfulfilled duration of the service.
USER NAME AND CUSTOMER RECEIPT NUMBER
Your e-mail address will serve as your user name. ExRx will only respond to the original e-mail account you disclosed during registration. A customer receipt number will be provide during your purchace of ExRx consultation services. Write this ticket number and keep it in a safe place since this password will be required on all correspondences to ExRx. You still will be required to correspond with ExRx using your original e-mail account disclosed during registration. To protect the privacy of your information, you should not allow any other person to correspond with ExRx using your e-mail account with or with out the password. If applicable, you should not disclose your user name or ticket number to any other person and should protect its confidentiality.
You are solely responsible for maintaining the confidentiality of your user name and customer receipt number. You should promptly inform ExRx if you suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of your user name or ticket number. Until ExRx is properly notified of a breach of security by e-mail notice at ExRx@planetkc.com, you will remain responsible for any unauthorized use of the Service occurring under your user name and ticket number.
You are responsible for remembering your user name and customer receipt number! If you forget either of them, ExRx may disclose them to you under security procedures determined by ExRx, which may result in delays in the your ability to use the service. This delay will not be credited to your account in anyway.
USE OF PERSONAL INFORMATION
ExRx will not disclose information such as name, e-mail address, or other personal information to third parties without your prior consent. When necessary or in particular circumstances, ExRx may consult an associate or have a specialist fulfill your consultation order. ExRx may forward your information to its associates or specialists in order to fulfill your consultation service with greater accuracy. ExRx's associates and consultants have agreed not to share your personal information with any other company and they have agreed not to use your information for their own marketing.
Personal information must be used internally, when you purchase Services or Products from ExRx or if necessary externally for the enforcement of any of this Agreement's terms and conditions. You give your consent for the use and collection by ExRx, its subsidiaries and affiliates of all such information provided by you in connection with ExRx Services or Products. You agree ExRx can use the information for purposes of determining whether to accept your request for ExRx Services and for the enforcement of any of this Agreement's terms and conditions. You understand that the information may be maintained by ExRx on computers, and you agree to the transfer of the information between such computers. You have the right to have any inaccuracies in the information corrected by ExRx upon your request.
Many products are drop shipped by third party companies on behalf of ExRx. You agree ExRx can forward your contact information or case to third party(s) to fulfill your order.
E-MAIL COMMUNICATIONS
You understand the inherent risks that may accompany the use of e-mail and online forms. The contents of online forms are fowarded via e-mail to ExRx and its associates. The principal risks to the use of e-mail and online forms are that the message could be intercepted by a third party and that the confidentiality of your information could be impaired. An e-mail message may be intercepted at different stages, including while traveling from the sender to the recipient. A third party could also obtain the e-mail from a computer or computer network. Further, many computer systems copy messages and store them in multiple off-site locations as part of their backup systems, making the messages potentially accessible to others. By using ExRx Services, you are acknowledging that you are satisfied that the risks described above are acceptable for e-mail communication with you and are authorizing us to communicate with you via e-mail notwithstanding such risks. Accessibility to e-mail by others, including family members and employers or employees, may infringe on your privacy and could impair the privacy of the information contained within your correspondances. In order to help protect the privacy of your e-mail, please provide us with the e-mail address of an account that is accessible only by you.
VENUE
This Agreement shall be governed by the State of Kansas's internal laws without regard to conflicts of law principles. Any action or proceeding to enforce any provision of, or based on any right arising out of, this Agreement must be brought against either of the parties in the courts of the State of Kansas, Johnson County, or, if it has or can acquire jurisdiction, in the United States District Court for the state of Kansas, and you acknowledge and consent to the exclusive personal jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waive any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on you anywhere in the world.
This Agreement, and all other aspects of your use of the Service or Product, whether performed or entered into inside or outside the United States shall be governed by and construed in accordance with the State of Kansas's internal laws, without regard to its conflict of law principles. All disputes and claims arising out of your use of the Service, Product, or this Agreement must be submitted to and resolved by binding arbitration under the auspices of the American Arbitration Association pursuant to the Rules and Regulations. Any arbitration proceeding must take place in the County of Johnson, Kansas U.S.A.
The prevailing party will be entitled to costs and attorneys' fees in any arbitration proceeding or action to enforce the arbitrator's award.
LIMITATION PERIOD
You agree not to demand arbitration or action of any kind arising out of this Agreement or out of your use of the Service beyond one year after the date on which the cause of action first originates. Some jurisdictions do not allow for limitation periods as mentioned in regard of demands for arbitration or action. Consequently, the limitation specified in this agreement may not apply to you. In such jurisdictions the limitation period will be limited to the minimum required by law.
CONTACT
You may contact ExRx at either communication address below with an complaint or question or to implement any of the rights and options permitted in this Agreement.
Postal Address: ExRx.net LLC, 1302 S. Lindenwood Dr., Olathe, KS 66062
E-mail Address: orders@exrx.net
This Agreement constitutes the entire agreement between you and ExRx with regard to the Service and Products and supersedes any prior understandings or agreements between you and ExRx with respecting the subject matter hereof. There are no representations, understandings, arrangements, or agreements, written or oral, between the parties hereto relating to the subject matter of the Agreement which are not fully mentioned herein.
EXCLUSIONS AND LIMITATIONS
You understand that this Agreement is intended to be as broad and inclusive as permitted by state law and agree that if any provision of this Agreement is deemed to be invalid, illegal or unenforceable in any respect, in whole or in part, the validity of the remaining provisions and terms, and the remaining portion of any provision or term held to be partially invalid, illegal or unenforceable, will remain in full legal force and effect without the operation of such term, provision or part thereof.