ThePhytChick.com Terms & Conditions of Use
- Acceptance & agreement to be bound.
These conditions of use govern your access to and use of the websites, products, data, services, and Content provided to you on, from, or through this website, any of our software, and any applications created by The Phyt Chick whether available through a social networking site or its subsidiaries or affiliated companies (the “Service”).
This website does not provide medical advice.
Nothing on this website constitutes medical advice.
If you have concerns about any medical condition, diagnosis, or treatment, you should personally consult with a licensed healthcare provider. In case of medical emergency, you should call 911 immediately.
This website does not create or constitute a provider-patient relationship between you and The Phyt Chick.
By using this website, you explicitly acknowledge that you understand your use of this website does not create a provider-patient relationship between you and The Phyt Chick. Your use does not create any duty for The Phyt Chick to follow up with you about any medical condition, diagnosis, or treatment.
This website does not provide physical therapy services.
Nothing on this website, in the Content, or in the Service is intended to and does not constitute the practice of physical therapy. The website, the Content, and the Service are for educational purposes only based upon The Phyt Chick’s proficiency in, knowledge of, and experience with the subject matter of the website, the Content, and the Service.
Do not provide protected health information to us.
Do not use, provide, transmit, store, or disclose any health information that constitutes protected health information (“PHI”) through this website. The Phyt Chick accepts no affirmative duty to learn whether you provide, transmit, store, or disclose PHI while using this website, the Content, or the Service but if The Phyt Chick has actual knowledge that you are using, providing, transmitting, storing, or disclosing PHI it may revoke your access to the website, the Content and the Service.
If you use, provide, transmit, store, or disclose PHI in connection with this website, the Content, or the Service, you agree to indemnify The Phyt Chick against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorney fees and costs) arising out such use, provision, transmission, storage, or disclosure of PHI.
Permitted use of the Content.
Unless otherwise expressly stated, The Phyt Chick or its licensors owns all of the Content. The Content is protected by United States’ and worldwide copyright laws and treaty provisions.
Except as provided above, you may not copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Content, including any trademarks, names, or logo, and you may not redeliver or present any of the pages, text, images, or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory.
All rights not expressly granted are reserved to The Phyt Chick.
You expressly agree not to deceive, harass, stalk, harm, or exploit any other users; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service. The Phyt Chick reserves the right, but does not have the obligation, to monitor all conduct on the website.
This website in not intended for children.
This website is not intended or designed to attract children under the age of 18 The Phyt Chick does not collect personally identifiable information from any person known by The Phyt Chick to be a child under the age of 18. Should The Phyt Chick inadvertently come to possess personally identifiable information about a child under the age of 18, The Phyt Chick will not knowingly disclose contact information relating to a child under the age 18 to any third-party.
Disclaimer of liability and no warranty.
ALL INFORMATION IN THIS SITE IS PROVIDED on an “AS IS” basis. The Phyt Chick MAKEs NO REPRESENTATIONS, and NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WITH RESPECT TO THE CONTENT, or the service, or OTHERWISE REGARDING THIS website OR ANY LINKED WEBSITE. TO THE FULL EXTENT PERMITTED by LAW, The Phyt Chick DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
The Phyt Chick GIVES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THIS WEBSITE OR the CONTENT OR OF ANY LINKED WEBSITE.
By using this website, you signify that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on this website and are not responsible for any errors or omissions in the information provided.
The Phyt Chick is not responsible for visitors’ damage or loss.
You agree that The Phyt Chick is not responsible to you or others for any loss or damages that results from your use (or nonuse) of this website or any linked third-party website. This loss or damage includes, but is not limited to, direct, indirect, special, consequential, compensatory damage, incidental damage, lost profits or data, damages to your computer resulting from viruses, loss of or damage to other property, claims of third parties, or copying or display of this website or its contents. The Phyt Chick is not responsible, regardless of whether The Phyt Chick has been advised or knew or should have known of the possibility of such damages or claims.
Your sole and exclusive remedy against The Phyt Chick is to stop using this website.
Information you provide.
The Phyt Chick has the right, but not the duty, to monitor your use of this website, including any information you provide. Any information you send to The Phyt Chick by email may be misdirected or intercepted by unintended recipients, and thus it may not constitute a confidential medium of communication. If you have confidentiality concerns, please consider using an alternative mode of communication and do not transmit any sensitive or confidential information to us via email.
This website provides you the option to communicate with The Phyt Chick through email. This option is provided solely for your convenience, and it may not be secure. By using it, you agree that The Phyt Chick is not responsible for the privacy of any email messages. The Phyt Chick does not warrant the confidentiality or security of any email transmission.
You are responsible for all information you send through this website. This means that you agree not transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement. The Phyt Chick may edit, delete, modify, or ban such information, and/or take necessary legal action.
Links to third-party websites.
The Phyt Chick may provide links to third-party websites:
This website occasionally provides links to third-party websites. By clicking on these links, you agree that The Phyt Chick is not responsible and does control any information on these websites. Third-party websites are unrelated to, and not maintained by, The Phyt Chick.
By clicking on such links, you agree that The Phyt Chick is not responsible for their content, regardless of whether your access is provided by The Phyt Chick or by another third-party. The Phyt Chick does not warrant the accuracy, timeliness, or suitability of the content of any third-party website.
By providing a link to a third-party website, The Phyt Chick does not endorse the products or services of that linked websites, nor does it endorse the third-party website’s sponsoring organization. Your sole and exclusive remedy for claims arising from any such third-party products or services is against the third-party provider, and not The Phyt Chick.
Third-party websites may provide links to The Phyt Chick:
The Phyt Chick hereby grants third-party websites the limited right to link to its website. This limited license does not grant the right to “framing” of the Content or grant any other activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation.
Submissions of information.
Do not send The Phyt Chick any ideas, suggestions, materials, concepts, or other information (collectively “Information”) relating to the website. If you violate this policy and do send Information to The Phyt Chick, that Information will become The Phyt Chick’s property. This means that The Phyt Chick will have unrestricted use of it for its personal and commercial purposes. You will not be compensated, and The Phyt Chick will not be liable to you or any other provider of the Information.
If you send Information to The Phyt Chick, you agree:
- to waive your rights in any Information;
- to warrant that it is original to you;
- that you have the right to submit it to The Phyt Chick, and
- that you have no recourse against The Phyt Chick for any alleged or actual infringement or misappropriation of any proprietary right in any Information.
The Phyt Chick is not obligated to maintain the confidence of any Information submitted, and The Phyt Chick disclaims any liability that may result from its disclosure of any Information submitted in violation of its policy.
You further agree not to:
- Transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information;
- Impose an unreasonably large amount of Information on this website or otherwise interfere with or inhibit any other user from using or enjoying this website;
- Transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications;
- Access, use, or copy any portion of the Content using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and/or
Indemnification of The Phyt Chick for claims arising from your use of the website.
You agree to indemnify The Phyt Chick against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney fees and costs) arising out of any third-party’s claims that relate to your use of this website.
Operation of the website.
The Phyt Chick makes all reasonable efforts to keep this website operational and available for access on a 24-hour-a-day, seven-day-a-week basis. This is occasionally subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages.
The Phyt Chick, however, does not provide any assurance or warranty that:
- access will always be available;
- service will be uninterrupted;
- its operation will be error-free;
- defects will be corrected; or
- the servers that operate the website are free from viruses or other harmful components.
You agree to assume the entire cost of all servicing, repair, or correction to your property arising from your use.
Privacy and security.
The Phyt Chick makes every effort to comply with all applicable laws that concern the privacy of online communications. By using this website, however, you acknowledge that the Internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised.
Reproduction, replication, or redistribution for commercial purposes of any of the Content is prohibited.
You agree that The Phyt Chick is not responsible for any injuries that you sustain from participation in any of the activities depicted on the on the website or through the Content or the Service. You expressly waive any claim for any injury at any time against The Phyt Chick, or any person or entity involved with The Phyt Chick, including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.
Your use of the website, the Content, and/or the Service evidences your understanding that physical exertion may result in physical or mental injury or risk of injury. You further agree that you are solely responsible to exercise within your limits.
You should SEEK THE ADVICE OF A PHYSICIAN PRIOR TO BEGINNING A PHYSICAL EXERCISE REGIMEN. IF YOU FEEL FAINT, DIZZY, OR HAVE PHYSCIAL DISCOMFORT, STOP IMMEDIEATELY, AND CONTACT YOUR PHYSICIAN.
The Phyt Chick may suggest a particular technique, use of equipment, pose, move, or instruction, but it is your sole responsibilities to ascertain if such technique, use of equipment, pose, move, or instruction is consistent with your ability and safe for you to do.
No warranty or guarantee of outcome.
The Phyt Chick has made efforts to provide accurate information on the website, the Content, and in the Service. But any testimonial or example on the website or in the Content or the Service does not guarantee that you will receive similar results. Your results will depend on your background, effort, overall health, motivation, desire, and many other factors that are beyond the scope of the website, the Content, or the Service.
The Phyt Chick makes no guarantee and no warranty that you will have any specific result.
Intellectual property infringement.
The Phyt Chick respects intellectual property rights. If you think that material that appears on our website is subject to copywrite or trademark infringement, please provide us with following information: (1) The claimed infringement; (2) reasonably sufficient information to allow The Phyt Chick to locate the claimed infringement on the website; (3) the owner or complaining parties contact information, including name, address, and email address; (4) the signature of the owner; (5) a statement by the owner that the owner has a good faith belief that the use of the copyright or trademark is not authorized by the copyright or trademark owner, its agent, or the law; (6) a statement, under penalty of perjury, that the information is accurate, and you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Note: Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Exercise Equipment that you purchase from this website.
This website may offer fitness and/or exercise equipment for sale and related products or services for use in Pilates, yoga, fitness, weight training, cross-training, high intensity athletic activity and demonstration (“Exercise Equipment”).
Keeping, using, or allowing others to use the Exercise Equipment constitutes your agreement to these terms and conditions.
To the extent permitted by law, you expressly and voluntarily assume the risk of death or other personal injury sustained while using the Exercise Equipment, whether or not it was caused by the negligence or any other fault of the The Phyt Chick, including but not limited to equipment malfunction resulting from any cause.
You agree to indemnify The Phyt Chick against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney fees and costs) arising out of any third-party’s claims arising from your use or purchase of the Exercise Equipment.
The Phyt Chick provides no professional, medical, or health care advice relating to the Exercise Equipment.
Additional terms and conditions may apply to your use of the Exercise Equipment.
DMCA takedown notification.
Pursuant to a valid DMCA takedown notice, The Phyt Chick will notify you if we have removed copyright protected material.
The conditions of use and licenses may not be transferred or assigned by you but may be assigned by us without restriction.
Consent for electronic communications.
By providing The Phyt Chick with your email address, you consent to receive unencrypted an unsecured email communications form us. You agree that any notices, agreements, disclosures or other communications that The Phyt Chick provides to you by email satisfies any legal communication requirements.
Applicable law and enforcement of conditions of use.
By using this website, you agree that:
- if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded;
- that if an unenforceable provision is modified or disregarded in accordance with this paragraph, then the rest of these conditions of use will remain in effect as written; and
- that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
Amendments and modifications.
The Phyt Chick may amend or update the privacy policies, these conditions of use, the Content or the Service at any time without prior notice. If you use this website after any changes, you agree to be bound by the changes.
Pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255 Sections 255.0 through 255.5, some of the links are affiliated links. This means that The Phyt Chick may receive payment if you purchase products or services through such links.
The Phyt Chick only utilizes affiliated links for products or services that its principals have personally used and believes will add value to its visitors.
Copyright © 2017 Phyt Solutions, Inc. All rights reserved.