PreGame Fit LLC Website (“Website”) Terms and Conditions of Use
1. Medical Advice Disclaimer. The Content appearing on this Website, including without limitation all text, information, audio components, photographs, illustrations, graphics, video and other visuals (if any), is intended for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or a recommendation of any kind. You should always obtain the advice of a qualified doctor or heath care professional: (a) before starting or implementing any health-related program, including without limitation diet or exercise programs, and (b) with any questions or concerns regarding your medical condition and personal needs. Neither PreGame Fit nor its founders, members, managers, directors, employees, contractors, or agents recommend or endorse any Content, including without limitation any specific actions, activities, products, procedures, opinions or other information that may appear or be included on the Website, either on an individual basis or for the population as a whole. Individual decisions regarding health and fitness are made at the User’s own risk and should be made with the assistance of and after consultation with medical doctors or other qualified professionals. Reliance on or use of Website Content is done solely at the User’s own risk.
2. General Disclaimer. The Website may contain various Content, including without limitation facts, views, opinions, statements, articles, recommendations, advertisements, and links to external websites not owned or controlled by PreGame Fit. PreGame Fit makes no warranties or representations as to the accuracy, safety or value of Content created or owned by third parties, or for content of third-party websites linked to or from the Website, and assume no liability or responsibility for errors or omissions in Content. Use and reliance upon Website Content is taken at the User’s sole risk.
3. Service. The Website provides Users with access to Website Content. Users must obtain, provide, and maintain Internet access and required, related equipment. PreGame Fit accepts no responsibility or liability for any User’s ability or inability to access the Website or take advantage of Website Content.
5. Personal Use Only. The Website, Content, and related products and services (including without limitation purchased Content and Audiovisual Materials) are made available to Users for personal, non-commercial use only. Users may not: (a) copy, reproduce, edit, alter, overwrite, block, reproduce, or delete Content, (b) alter the Website’s appearance or functionality, or (c) use the Website or Content to advertise or sell a product or service without the advance written consent of PreGame Fit, which may be withheld, conditioned, or denied at PreGame Fit’s sole discretion. PreGame Fit reserves the sole, exclusive, discretionary right to determine what constitutes “selling” and “advertising” and to grant or deny any person or entity the right to sell or advertise a product or service on the Website.
12. Third Party Content. EACH USER HEREBY RELEASES PREGAME FIT AND ITS MEMBERS, MANAGERS, OFFICERS, AGENTS, CONTRACTORS, AND EMPLOYEES FROM ANY AND ALL LIABILITY RELATING TO CONTACT, COMMUNICATION, CONTRACTS, AND OTHER RELATIONSHIPS BETWEEN THE USER AND ADVERTISERS OR OTHER THIRD PARTIES NOT OWNED OR CONTROLLED BY PREGAME FIT, INCLUDING WITHOUT LIMITATION LIABILITY FOR OR ARISING OUT OF WEBSITE CONTENT, LINKS, GOODS, SERVICES, TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS MADE BY OR CONNECTED WITH THIRD PARTIES. Users understand and agree that PreGame Fit does not control any websites linked to or from its Website, and that PreGame Fit disclaims all responsibility and liability for or relating to Content created, provided, linked, or posted by third parties. Users accept responsibility for accessing links, and accept all foreseeable and non-foreseeable results of using links or hyperlinks.
14. Suggestions. PreGame Fit does not accept or consider unsolicited ideas, suggestions or proposals relating to the operations, organization, publications, activities, or property of PreGame Fit and the Website (collectively “Ideas”). Users understand that: (a) Ideas sent to PreGame Fit or Website will be considered non-proprietary, non-confidential and fully released for use by PreGame Fit and the Website free of costs, royalties, fees, charges, or other compensation, (b) PreGame Fit and Website have no obligation or liability to any User or third party relating to or arising out of the use, nonuse, disclosure, publication, or receipt of Ideas, and (c) PreGame Fit and Website may use Ideas for any purpose, including without limitation commercial uses, free of charge and without liability, restriction or compensation to the submitting User.
17. LIMITATION OF LIABILITY. PREGAME FIT AND WEBSITE STAFF DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, INACCURACY, LEGALITY, RELIABILITY, OPERABILITY, FUNCTIONALITY, AVAILABILITY AND CONTENT OF ANY AND ALL WEBSITE CONTENT. PREGAME FIT DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR DAMAGES AND INJURY (INCLUDING WITHOUT LIMITATION PERSONAL INJURY) ARISING OUT OF, RESULTING FROM OR RELATING TO USERS’ USE OF CONTENT OR THE WEBSITE. PREGAME FIT DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR INJURIES, DAMAGES, ERRORS, AND OMISSIONS, AND FOR SUSPENSION, DELETION, MISDELIVERY OR UNAVAILABILITY OF THE WEBSITE AND WEBSITE CONTENT. PREGAME FIT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY AND ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, CAUSED BY, RESULTING FROM OR ARISING OUT OF: (A) USE, MISUSE OR LACK OF USE OF WEBSITE OR WEBSITE CONTENT, (B) CONTENT, MATERIAL, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR AS A RESULT OF THE WEBSITE, OR DOWNLOADED FROM THE WEBSITE, (C) MESSAGES SENT, RECEIVED, INTERRUPTED OR DELETED, TRANSACTIONS ENTERED INTO AND ANY OTHER ACTION TAKEN OR NOT TAKEN AS A RESULT OF AUTHORIZED OR UNAUTHORIZED ACCESS TO THE WEBSITE, (D) WEBSITE CONTENT CREATED, PROVIDED , UPLOADED, DOWNLOADED, LINKED OR POSTED BY USERS OR THIRD PARTIES, OR (E) ANY OTHER CAUSE, EFFECT, ACTION, CONSEQUENCE OR DAMAGE NOT DIRECTLY CAUSED BY OR RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF PREGAME FIT. EACH USER ACCEPTS SOLE RESPONSIBILITY FOR EVALUATING THE APPROPRIATENESS, ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT, INFORMATION, OPINION, OR OTHER FACTS AND CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, AND TO CONSULT A PHYSICIAN OR OTHER QUALIFIED PROFESSIONAL PRIOR TO ENGAGING IN OR STARTING ANY EXERCISE OR OTHER HEALTH OR FITNESS REGIME. PLEASE SEEK THE ADVICE OF QUALIFIED PROFESSIONALS TO ASSIST WITH EVALUATING HEALTH-RELATED CONTENT, INFORMATION, OPINIONS, AND ADVICE. EXCLUSIONS AND DISCLAIMERS CONTAINED IN THIS LIMITATION OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF USERS MAY VARY BY JURISDICTION.