The effective date of this Agreement is May 1, 2013
Last updated on November 29, 2014
As a User of the Resoltz Site you may, from time to time, post content and share it with other users, read content generated by other visitors to the Resoltz Site and other affiliated sites, and view third party postings and reviews regarding products and services. If you wish to post content to, or participate in the Resoltz Site other than simply by reading product information and content and reviews posted by others, you must register using the registration form available by clicking the “sign up” link near the top of any page on https://www.resoltz.com
The Resoltz Site provides health and fitness information applications and content published over the Internet and is intended only to assist users in their personal health and fitness efforts. The content appearing on the Resoltz Site is for informational purposes only and is not intended to be a substitute for, and should not be construed as, professional medical advice, diagnosis, consultation, evaluation or treatment.
Resoltz recommends that any and all Users use common sense when making use of any information on the Resoltz Site. Every individual’s fitness goals, needs and abilities are unique, and not all exercises or activities described on the Resoltz Site are suitable for everyone. As such, Resoltz recommends that users of the Resoltz Site exercise caution when exercising or leading others in fitness activities. You are urged and advised to seek the advice of a physician or other qualified health provider before beginning any dietary, fitness or health-related effort or regimen, following any training instructions you receive through the Resoltz Site, or participating in any event announced on the Resoltz Site. The Resoltz Site is intended for use only by healthy adult individuals. The Resoltz Site is not intended for use by minors, pregnant women, or individuals with Type 1 diabetes or any other medical or nutritional condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of dietary, fitness or health-related effort or regimen. Resoltz is not a medical organization and our staff cannot give you medical advice or diagnosis. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Resoltz Site!
If you are in the United States and think you may have a medical emergency, call 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain.
The Resoltz Site does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on the Resoltz Site. Reliance on any information provided by the Resoltz Site, Resoltz employees, others appearing on the Resoltz Site at the invitation of Resoltz, or other Users of the Resoltz Site is solely at your own risk.
The Resoltz Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Resoltz Site.
The Resoltz Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Resoltz Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the Resoltz Site. In the event we become aware you are under 18, we will terminate your registration.
You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Resoltz Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
You may use the Resoltz Site solely for your personal, non-commercial use. For example, you may use the Resoltz Site to solicit opinions, ideas and other input from, and share ideas and opinions with, other Users, and to search the Resoltz Site for User Content and business or product information. You may also invite people you know to join the Resoltz Site. You acknowledge and agree that we do not control the User Content posted to the Resoltz Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Resoltz Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the Resoltz Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the our views. You understand that, by using the Resoltz Site, you may be exposed to User Content that is offensive, indecent or objectionable. You are solely responsible for your reliance on any communications found on the Resoltz Site. User Content should not be taken as medical advice and we are not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on User Content is at your own risk.
IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.
Without limiting the generality of any other provisions of these Terms of Service, you agree:
If you believe any User Content or any other aspect of the Resoltz Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. Â¤512) by providing the following information:
Our designated copyright agent for notice of claims of copyright infringement on the Resoltz Site may be reached at the following address:
15600 NE 8th Street, Suite B1, PMB 812
Bellevue WA 98008
Or by email: email@example.com
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Resoltz may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Resoltz’s sole discretion.
As part of the Resoltz Site, Resoltz offers fitness professionals the option to submit and display profile information regarding the fitness professional’s credentials and service offerings. Such fitness professionals acknowledge that they are not employees of Resoltz. Furthermore, by using the Resoltz Site, Users specifically acknowledge that Resoltz makes no warranties or representations about the accuracy of any credentials or background checks displayed by fitness professionals or the character of any fitness professionals listed on the Resoltz Site.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Resoltz Site are the proprietary property of Resoltz or our respective licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Resoltz Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Resoltz Site without the express written permission of the trademark owner.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE RESOLTZ SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE RESOLTZ SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN AS AVAILABLE BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE RESOLTZ SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE RESOLTZ SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE RESOLTZ SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE RESOLTZ SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE RESOLTZ SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE RESOLTZ SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES REGARDING: (I) THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THE RESOLTZ SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE, (II) THE SUITABILITY OF ANY EXCERCISES, TRAINERS OR OTHER CONTENT FOR ANY GIVEN USER, (III) THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUGS OR OTHER HEALTH-RELATED PRODUCTS OR SERVICES, OR (IV) THAT THE RESOLTZ SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE RESOLTZ SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE INFORMATION ON THE RESOLTZ SITE IS PROVIDED WIH THE UNDERSTANDING THAT NEITHER RESOLTZ NOR THE OTHER RESOLTZ USERS, WHILE SUCH USERS ARE PARTICIATING IN RESOLTZ, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. RESOLTZ ENCOURAGES YOU TO SEEK APROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON THE RESOLTZ SITE CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER) BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON THE RESOLTZ SITE.
Resoltz reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your State is restricted or prohibited. In the event of a pricing error on the Resoltz Site, Resoltz reserves the right to cancel any orders resulting from such pricing errors.
To properly serve all customers, Resoltz reserves the right to limit quantities. In this case, only one (1) of this limited quantity items may be placed in your shopping cart. Resoltz further reserves the right to cancel multiple orders of the limited quantity item purchased by the same User and/or shipped to the same delivery address.
Resoltz may display advertising prints for products sold through a Resoltz Site. Resoltz attempts to display the colors of the products shown on the Resoltz Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.
IN NO EVENT SHALL RESOLTZ OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE RESOLTZ SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE RESOLTZ SITE, USE OF OR PARTICIPATION IN ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED OR AVAILABLE THROUGH THE RESOLTZ SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, RESOLTZ' RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE RESOLTZ SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE RESOLTZ SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
We may display on the Resoltz Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE RESOLTZ SITE, ANY PRODUCTS, SERVICES, EVENTS OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
In addition, you may order services or merchandise through the Resoltz Site from other persons not affiliated with Resoltz (“Seller”). For example, you may choose to register for a fitness event on the Resoltz Site. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. Resoltz makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Resoltz, not will Resoltz be construed as, a party to such transactions, whether or not Resoltz may have received some form of revenue or other remuneration in connection with the transaction. You agree that Resoltz will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
At this time, with the exception of Resoltz's gift cards, Resoltz ships merchandise to locations within the 50 United States. Resoltz ships to international locations via a third party partner. Resoltz does not ship to Puerto Rico, Guam or the US Virgin Islands. Some oversized items requiring freight delivery can not be shipped to Alaska or Hawaii. Resoltz gift cards are shipped within the continental United States, as well as Alaska, Hawaii and Puerto Rico. The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier. To see Resoltz shipping and delivery policies in more detail, please see Shipping & Delivery.
You may purchase merchandise from the Resoltz Site by using any one of the payment options listed in Payment Options. Resoltz reserves the right to change its payment procedures at any time without prior notice to you.
Resoltz charges sales tax for merchandise ordered on the Resoltz Site based on the applicable state sales tax rate and the location to which the order is being shipped.
Once your order is submitted to us, we cannot change or cancel an order until your merchandise is received by you. All returns of merchandise are subject to Resoltz return policy, available under Returns/Cancellations.
When you request a Service from us, you agree that we may begin to provide the Services immediately. You won't be entitled to a cancellation or "cooling off" period, except if the law requires a cooling off period. You may cancel paid Services as provided in section Cancel Services.
If you are taking part in any trial period offer, you must cancel the Services by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel your Services at the end of the trial period, we may charge you for the Services.
We may change the price of the Services at any time and will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the term.
Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable.
You may cancel the Services at any time, with or without cause. Information and direction on how to cancel your Services is provided under the user profile page (Profile tab -> Manage). You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; or (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your Services end at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys' fees and other legal fees and costs.
If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to firstname.lastname@example.org