All information, documents, products and services, trademarks, logos, graphics, and images (hereafter known as MATERIALS) provided on this site are copyrighted or trademarked and are the property of NIP Fitness, or respective owners or copyright holders. Any unauthorized use of any material contained on the site may violate copyright laws, trademark laws, and the laws of privacy and communications statutes.
The contents of this website are provided for informational purposes only and is not intended to be a substitute for professional health advice, diagnosis, or treatment.
You agree not to "FRAME" or "MIRROR" any MATERIALS or third-party content contained on this site on any other server or internet based device without the express written permission of NIP Fitness or its licensors, respectively.
This site may be linked to other sites on the World Wide Web or Internet which are not under the control of or maintained by NIP Fitness. Such links do not constitute an endorsement by NIP Fitness. You acknowledge that NIP Fitness is providing these links to you only as a convenience; you further agree that NIP Fitness is not responsible for the content of such sites.
Certain areas of this site are password restricted to authorized users (hereafter known as RESTRICTED AREAS"). If you are an authorized user of the RESTRICTED AREAS, you agree that you are entirely responsible for the confidentiality of your password and account information, and agree to notify NIP Fitness immediately if your password is lost, stolen, disclosed to an unauthorized third party, or other wise may have been compromised. You agree that you are entirely responsible for all activities which occur under your account, including any fees which may be incurred under your password protected account whether or not you are the individual who undertakes such activities. You agree to immediately notify NIP Fitness of any unauthorized use of your account or any other breach of security in relation thereof known to you.
You must be 18 years of age or older to access our website or use our services. By accessing our websites, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the website.
You also agree not to interfere with the servers or networks connected to the website or to violate any of the procedures, policies or regulations of networks connected to the website, the terms of which are incorporated herein.
You also agree not to impersonate any other person while using the website, conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or website, or use the website for any unlawful purpose. NIP Fitness reserves the right to terminate your access to the website or any of its services if it determines that you do not comply with these terms and conditions; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of NIP Fitness rights or interests in its website, services, or other property; or for any or no reason whatsoever without prior notice to you.
You acknowledge that this site may include certain inaccuracies or typographical errors which may affect the quality of MATERIALS and third-party content. You acknowledge that the MATERIALS or any third-party content have not been independently verified or authenticated in whole or in part by NIP Fitness and agree that NIP Fitness does not warrant the accuracy or timeliness of MATERIALS or the third-party content, and further agree that NIP Fitness has no liability for any omissions in the MATERIALS and third-party content, whether provided by NIP Fitness or any third-party Limitation of Liability.
THE SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT NIP Fitness DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (1) VIRUSES, WORMS, TROJAN HORSES AND OTHER UNDESIRABLE DATA OR SOFTWARE, OR (2) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR USER DATA, WEBSITES, DEVICES AND NETWORKS. NIP FITNESS IS NOT RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR ACCOUNT, YOUR USER DATA, YOUR DEVICES AND KEEPING YOUR SOFTWARE UP TO DATE. YOU ACKNOWLEDGE AND AGREE THAT NIP FITNESS SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE CONTACT OR OTHER INFORMATION, INCLUDING, BUT NOT LIMITED TO, YOUR FAILURE TO RECEIVE CRITICAL INFORMATION ABOUT THE SERVICES. THE SERVICES AND THIRD-PARTY COMPONENTS ARE PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. NIP FITNESS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES AND THIRD-PARTY COMPONENTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES. NIP FITNESS DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. YOU UNDERSTAND AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NIP FITNESS SHALL CREATE ANY ADDITIONAL NIP FITNESS WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF NIP FITNESS OBLIGATIONS HEREUNDER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NIP FITNESS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY COST TO PROCURE SUBSTITUTE SERVICES OR USER DATA, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES, INCLUDING DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOSS OF DATA, LOSS OF USER DATA OR BUSINESS INTERRUPTION, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF NIP FITNESS HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE). IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF NIP FITNESS FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) SHALL BE LIMITED TO THE SUBSCRIPTION FEES PAID BY YOU TO NIP FITNESS IN THE 12 CALENDAR MONTHS IMMEDIATELY PRIOR TO THE DAMAGES ARISING. IF THE SERVICES ARE PROVIDED TO YOU WITHOUT CHARGE, THEN NIP FITNESS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE AND ARE NOT INTENDED TO ESTABLISH LIQUIDATED DAMAGES. YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT SUCH LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THESE TERMS AND NIP Fitness AGREEMENT TO PROVIDE YOU THE SERVICES, AND IS AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE FOREGOING TERMS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless NIP Fitness, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the website and software or your breach of these Terms Of Service. NIP Fitness shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.
NIP Fitness controls and operates this site from its headquarters in the United States of America, and makes no representations that the materials are appropriate or will be available for use in international locations. If you use this site form outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import laws of other countries in relation to the materials and third-party content.
"NIP Fitness," and its Logos are trademarks of NIP Fitness in the United States of America or other countries. Unauthorized use or duplication of these marks is strictly prohibited by law.
NIP Fitness is free to use any comments, information, ideas, concepts, photos, reviews, or techniques contained in any communication you may send to the website without further compensation, payment, or acknowledgement to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the website or other websites. Furthermore, by posting any information on our website, you grant us a nonexclusive, royalty-free, worldwide, perpetual license to display, use, reproduce or modify that information. Any information submitted on the website is subject to the NIP Fitness Privacy / Pricing / Security Policy, the terms of which can be found in our Privacy Policy.
If you have questions regarding our Terms Of Service or about the practices of NIP Fitness, please Contact Us. Thank you for your patience. We hope that you find the NIP Fitness website and our services to be helpful and convenient to use!
NIP Fitness may update its Terms Of Service from time to time. When we change this policy in a material way, a notice will be posted on our website along with the updated Terms Of Service.
Terms Of Service Changes: This policy was last updated on November 16, 2018.
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