Acceptance of Terms. Vidpt, LLC (“Vidpt”) provides the Vidpt website and any downloadable materials (collectively, the “Site”) and exercise/wellness programs (“Services”) to you, the user, subject to your compliance with the terms, conditions, and notices set forth in these Terms of Use (“Terms of Use”). By using this Site and Services, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please exit the Site and discontinue any use of the Services. Your only remedy for dissatisfaction with the Site or any Services is to stop using the Site and/or the Services. Your agreement regarding compliance with these Terms of Use becomes effective immediately upon commencement of your use of the Site.
Change of Terms. These Terms of Use were last revised as of June 2020. Vidpt expressly reserves the right to change these Terms of use from time to time without notice. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this Site after such modifications constitutes acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
Assumption of Risk and Medical Liability Disclaimer. This Site encourages users to participate in certain physical activities. By using this Site, you acknowledge and agree that you understand the safety hazards, risks, dangers, and potential for injury associated with any physical or recreational activity.. Nothing stated or posted on this Site is intended to be, and must not be taken to be, the practice of medical or professional advice or care. The representatives of Vidpt are not medical doctors or licensed physical therapists. Any advice provided by Vidpt or its representatives, whether it be on the Site, via YouTube, or through email coaching is not a substitute for medical advice. The material on the Site is provided for educational and informational purposes only and is not intended as medical advice. The information contained in this site should not be used to diagnose or treat any illness, disorder, disease, or health problem. Always consult your physician or health care provider before beginning any exercise or wellness program. By entering this Site and using the Services, programs, advice, and information contained in this Site you acknowledge, assume, and accept all risks associated therewith.
Accessing the Site. Vidpt reserves the right to withdraw or amend this Site, and any service or material it provides on the Site, in its sole discretion without notice. Vidpt will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Vidpt may restrict access to some parts of the Site, or the entire Site, to all users or any user.
Who May Use the Site. This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Vidpt. If you do not meet all of this requirement, you must not access or use the Site.
License. Subject to your compliance with these Terms of Use, Vidpt grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Site. The Site and Services are for your personal and non-commercial use. The Site, or any portion of the Site, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Vidpt. Except as expressly set forth herein, these Terms of Use grant you no rights in or to any intellectual property of Vidpt. The license granted in this Section is conditioned on your compliance with these Terms of Use. In the event that you breach any provision of these Terms of Use, your rights under this Section will immediately terminate.
Disclaimer of Warranties. You understand that Vidpt cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Vidpt’s Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, VIDPT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VIDPT NOR ANY PERSON ASSOCIATED WITH VIDPT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER VIDPT NOR ANYONE ASSOCIATED WITH VIDPT REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, VIDPT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL VIDPT ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification. You agree to defend, indemnify, and hold harmless Vidpt, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to any use of the Site’s content, Services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
Governing Law. This Site is controlled by Vidpt from its offices located in California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. By accessing this Site user agrees that the statutes and laws of the State of California will apply to all matters relating to the use of this Site and the Services, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California. User agrees to commence or prosecute any action in connection therewith in the State of California, Orange County, and hereby consents to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction.
Miscellaneous.