Website Terms of Use

Last updated: October 31, 2018

The www.gopersonalbest.com website and all related subdomains are owned by Go Personal Best. These terms of use (the “Terms”) govern your use of the Website and its content. Please carefully read these Terms as they contain important information about your rights and responsibilities. By accessing this Website you acknowledge that you have read, understood and agree with the Terms. If you do not wish to be bound by these Terms, please stop using the Website immediately.

Acceptance

These Terms comprise an electronic contract that establishes the legally binding terms you must accept to use the Website. The Terms include our Privacy Policy.

By accessing or using the Website you accept and agree to the terms, conditions and notices contained or referenced herein and consent to have the terms and all notices provided to you in electronic form. The Terms may be modified by us from time to time. Such modifications will become effective upon posting on the Website. We shall notify you of changes to the Terms through notices on the Website, by email, or by both. To withdraw your consent, you must cease using the Website.

If you breach any provision of these Terms, your right to access and use this Website shall cease immediately.

No Medical Advice or Guarantee

This Website is for informational purposes only. The information presented on the Website is in no way intended as medical or other professional advice, diagnosis, or as a substitute for medical treatment. All opinions, tips and reviews are based upon the personal life experiences of the author of such opinion, tip, or review. We are not doctors, mental health providers, aromatherapists, or nutritionists. Consult your physician before beginning any diet, nutrition, aromatherapy, or exercise for fitness plan offered through the website. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional.

Any exercise or activity program may result in injury. By undertaking any exercise or activity displayed on the Website, or otherwise using any information provided on the Website, you assume the sole risk of any resulting injury, damage, or loss. Further, there is no guarantee that you will experience the same results represented on the Website and you accept the risk that the muscle building results, fitness results, fat loss results, and health improvement will differ by individual.

User Content

In these Terms, “User Content” refers to any information, content, or any other media uploaded, posted, emailed, submitted, or otherwise communicated to or through the Website by a user of the Website. You grant (and you represent and warrant that you have the right to grant) to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works including for marketing purposes, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights. You irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

You are not to collect, upload, transmit, display, or distribute any User Content that:

  1. violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  2. is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
  3. is harmful to minors in any way; or
  4. is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

You are responsible for your User Content. We do not sponsor or endorse your User Content, nor do we sponsor or endorse the User Content of any other party. All views and opinions expressed in User Content are those of the author and, unless specifically stated, are not those of Go Personal Best. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Terms or otherwise create liability for us or any third party. Such action may include removing or modifying your User Content and/or reporting you to law enforcement authorities.

We are not obligated to keep a backup of the User Content. We accept no liability for lost User Content.

Use of the Website

If you are under 19, please get a parent’s or guardian’s permission before using the Website.

You are not permitted to use the Website:

  1. in any unlawful, fraudulent, or commercial manner, or any other manner prohibited by these Terms;
  2. to upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data;
  3. to send through the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
  4. to use the Website to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
  5. to interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks;
  6. to attempt to gain unauthorized access to the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means;
  7. to harass or interfere with any other Website user’s use and enjoyment of the Website;
  8. to use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website;
  9. to tamper with, modify, copy without express permission, amend, make derivative or reverse engineer any part of the Website; or
  10. to licence, sell, rent or lease any part of the Website.

Privacy

We are committed to protecting your privacy. Please read our Privacy Policy www.gopersonalbest.com/privacy-policy which outlines how we collect personal information, how we use that information and your rights and responsibilities regarding personal information collection.

Intellectual Property

Go Personal Best owns and retains all proprietary rights in the Website, and in all content, trademarks, trade names, service marks, documents and other materials, and other intellectual property and proprietary materials related thereto (the “Intellectual Property”). We grant you a nonexclusive, non-transferable, and revocable license to access and use the Website for your personal home use. No license to sell or distribute the Intellectual Property is granted or implied. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way the Intellectual Property. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

Subject to the limited licenses granted in these terms, no license is granted to you or any other party for the use of the Intellectual Property.

Any third party trademarks, service marks or other intellectual property displayed on through the Website are used with the authorization of the owner of the intellectual property, subject to their guidelines for use. We cannot authorize you to use, reproduce or modify any third party intellectual property used on this Website, and are not responsible for any loss or damage you may suffer or incur in connection with your use of any third party intellectual property for your own purpose.

Third Party Links

We may provide links through the Website to the websites of third parties. These websites are owned and operated by third parties over whom we do not have control. We have not reviewed all of the sites linked through the Website and accept no responsibility for the contents or use of third party websites. The inclusion of any link does not imply endorsement by us of the website. Use of any such linked websites is at your own risk. Any links to third party websites are provided for your interest and convenience only. We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third party websites or for any acts, omissions, errors or defaults of any third party in connection with their websites.

Affiliate Links

This section details the affiliate relationships of Go Personal Best with other companies and products. Some of the links available on the Website are “affiliate links”, a link with a special tracking code. This means if you click on an affiliate link and purchase the item, we will receive an affiliate commission. The price of the item is the same whether it is an affiliate link or not. Regardless, we only recommend products or services we believe will add value to our readers. By using the affiliate links, you are helping support Go Personal Best, and we genuinely appreciate your support.

Affiliate advertising programs that we use are:

  1. Amazon Services LLC Associates Program
  2. ClickBank

Disclaimers

The Website is provided for strictly educational purposes only. You accept and agree that you are 100% responsible for your progress and results. We make no representations, warranties or guarantees verbally or in writing. You understand that because of the nature of the content we provide, the results experienced by each individual may significantly vary. The Website is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. We assume no responsibility for errors or omissions that may appear in the Website or its content.

By using the Website, you agree that:

  1. if you use the Website, you do so at your own and sole risk. The Website is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, and fitness for a particular purpose, title and non-infringement.
  2. if you access or transmit any content through the use of the Website, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions. We are not responsible for any incorrect or inaccurate content in connection with the Website. We are not responsible for the conduct, whether online or offline, of any user of the Website. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.

We do not warrant that:

  1. the Website will meet your requirements;
  2. access to the Website will be uninterrupted, timely, secure, or error-free;
  3. the quality or reliability of the Website will meet your expectations;
  4. the content will be free of viruses, bugs, or other malicious code;
  5. any information you provide or we collect will not be disclosed to third parties;
  6. third parties will not use your confidential information in an unauthorized manner.

Limitation of Liability

You agree that we, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees, will not be liable for any damages whatsoever, including direct, indirect, incidental, punitive, special, consequential or exemplary damages arising from, relating to, or connected with:

  1. the use or inability to use the Website;
  2. actions or inactions of other users or any other third parties for any reason; or
  3. any other matter arising from, relating to or connected with the Website or these Terms.

We will not be liable for any failure or delay in performing under these Terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.

You acknowledge and agree that above disclaimers and these limitations of liability are an agreed upon allocation of risk between you and Go Personal Best. You acknowledge and agree that if you did not agree to these limitations of liability you would not be permitted to access the Website. You acknowledge and agree that such provisions are reasonable and fair.

Indemnification

You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers (each an “Indemnified Party”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers’ fees and costs, investigation costs and settlement expenses incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Website, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user of the Website or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above.

Termination

You acknowledge and agree that we, in our sole discretion, may terminate your access to the Website for any reason, including, without limitation, your breach of these Terms. You understand and agree that we are not required, and may be prohibited, from disclosing to you the reason for termination of your access to the Website. You acknowledge and agree that any termination of your access to the Website may be effected without prior notice, and acknowledge and agree that we may bar any further access to the Website. Further, you acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to my Website. Upon termination, your information may be deleted or kept as necessary.

Dispute Resolution

In the event a dispute arises out of or in connection with these terms, the parties shall attempt to resolve the dispute through friendly consultation.

If the dispute is not resolved within a reasonable period then any or all outstanding issues shall be referred to mediation on notice by one party to the other, with the assistance of a neutral mediator jointly selected by the parties. If the dispute cannot be settled within thirty (30) days after the mediator has been appointed, or within such other period as agreed to by the parties in writing, either party may refer the dispute to arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre (the “BCICAC”). The appointing authority shall be the BCICAC and the case shall be administered by the BCICAC in accordance with its Rules.

General

These Terms shall be governed by, and construed under, the laws of the Province of British Columbia.

In the event that any portion of these Terms are held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remainder of the provisions shall remain in full force and effect.

No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right.

These Terms constitute the entire agreement between you and us with respect to your use of the Website. These Terms supersede and cancel all prior or contemporaneous discussions, writings, negotiations, and agreements whether electronic, oral, or written between you and us with respect to your use of the Website.

Contact

If you have any questions about these Terms please contact us at: [email protected]

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