TERMS OF USE
1. AGREEMENT
These Terms of Use (the “User Agreement”) constitute a legally binding agreement by and between JaminThompson.com (hereinafter, “Jamin Thompson”) and you (“You” or “Your”) concerning Your use of this website http://www.JaminThompson.com (the “Website”) and the services available through the Website (the “Services”).
By using the Website and Services, and by accessing the information, resources, products, and tools we provide, You represent and warrant that You have read and understood, and agree to accept and be bound by, this Agreement and Privacy Policy, which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
Last updated: December 17, 2016.
2. PRIVACY POLICY
By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. Jamin Thompson encourages users of the Website to frequently check the Privacy Policy for updates and changes.
3. CHANGES TO AGREEMENT AND PRIVACY POLICY
Internet technology and the applicable laws, rules, and regulations change frequently. Accordingly, we reserve the right to change this agreement and/or the privacy policy at any time with or without notice to you. You acknowledge and agree that it is your responsibility to review this User Agreement and Privacy Policy periodically to familiarize yourself with any modifications. If at any time you find either unacceptable, you must immediately leave this website and cease using the services. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
4. ELIGIBILITY
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. This Agreement is void where prohibited.
5. COPYRIGHTS AND TRADEMARKS
All content and materials available on JaminThompson.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Jamin Thompson, and are protected by United States and international copyright and trademark law. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software of data accompanying such software) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in anyway or decompiled, reverse engineered or disassembled. Modification of the
Materials or use of the Materials for any other purpose is a violation of JaminThompson’s or such other sources’ copyright, trademark and other proprietary rights. The use of any such content or materials on any other web site or networked computer environment, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited without JaminThompson.com’s express written consent.
6. RESPONSIBLE USE AND CONDUCT
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. This Site may provide various open communication tools, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, and other areas where users can post and/or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials (collectively “Bulletin Boards”). JaminThompson.com does not control the material delivered to Bulletin Boards, and JaminThompson.com has no obligation to monitor such Bulletin Boards. The messages do not necessarily reflect the views of JaminThompson.com.
You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any JaminThompson.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Jamin Thompson, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
i. You agree to indemnify and hold harmless Jamin Thompson and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
In no event shall JaminThompson.com assume or have any responsibility or liability for any materials posted on bulletin Boards or for any claims, damages or losses resulting from their use and/or appearance on this Site. JaminThompson.com reserves the right at all times to disclose any information (including the identity of the persons providing information or materials on its Bulletin Boards) as necessary to satisfy any law, regulation or governmental request. In addition, JaminThompson.com reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in JaminThompson.com’s sole discretion are objectionable or in violation of these Terms of Service.
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting JaminThompson.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
1) Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication;
2) Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
7. PUBLIC INFORMATION PROVIDED BY MEMBERS; USER PROFILES
As part of registration with the Website, members must create public profiles, which contain certain identifying information (such as age, height, body type, ethnicity, marital status, religion, etc.). In addition, members have the option to post photographs, videos and other information (such as likes and dislikes) on their public profiles. JaminThompson.com relies on its members to provide current and accurate information, and JaminThompson.com does not, and cannot, investigate information contained in member public profiles. Accordingly, JaminThompson.com must assume that information contained in each member public profile is current and accurate. JaminThompson.com does not represent, warrant or guarantee the currency or accuracy of public profile information, and hereby disclaims all responsibility and liability for any information provided by members by means of public profiles or otherwise in connection with the services.
8. YOUR INTERACTIONS WITH OTHER MEMBERS
You are solely responsible for your interactions with other members. You acknowledge and understand that jaminthompson.com has not, and does not, in any way: (a) screen its members; (b) inquire into the backgrounds of its members; or (c) review or verify the statements of its members, including without limitation information or representations contained in public profiles. You hereby agree to exercise reasonable precaution in all interactions with other members, particularly if you decide to meet another member in person. Jaminthompson.com does not represent, warrant, endorse or guarantee the conduct of its members or their compatibility with you. In no event shall jaminthompson.com be liable for indirect, special, incidental, or consequential damages arising out of or relating to any member’s conduct in connection with such member’s use of the services, including, without limitation, bodily injury, property damage, wrongful death, emotional distress, loss of privacy or any other damages resulting from communications or meetings between members.
9. MEMBER DISPUTES
JaminThompson.com reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between Website members. You agree to hold JaminThompson.com harmless in connection with any dispute or claim You make against any other member.
10. CONSENT TO RECEIVE DIGITAL COMMUNICATION FROM JAMINTHOMPSON.COM
By registering with the Website, you thereby consent to receive periodic digital and electronic communications, including email and instant message communications, regarding the Services, new product offers, promotions and other matters.
11. CONSENT TO RECEIVE DIGITAL COMMUNICATIONS FROM MEMBERS
By registering with the Website, your thereby consent to receive digital and electronic communications, including email and instant messages from other Website members.
12. MEMBERSHIP
Jamin Thompson memberships provide access to content and/or areas of the website granted by their respected membership levels. Active members are allowed unlimited access to content and/or areas of the website associated with their respective membership level. Memberships can be cancelled at any time by the member, or Jamin Thompson if deemed appropriate. If canceled, memberships will be terminated immediately and billing will cease the following billing cycle. Annual memberships are billed on an annual cycle. Monthly memberships are billed on a monthly cycle. Due to the nature of content accessibility, memberships are not entitled to refunds unless deemed appropriate by Jamin Thompson.
13. LIMITATION OF WARRANTIES
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Jamin Thompson or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
14. LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Jamin Thompson will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
15. TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
16. MEDICAL DISCLAIMER
JaminThompson.com provides the Website for informational purposes only. THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. THE WEBSITE DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE; NO DOCTOR-PATIENT RELATIONSHIP. Jamin Thompson is not a medical professional, and This Website does not provide medical services or render medical advice. The Website and Services are not a substitute for the advice of a medical professional, and the information made available on or through the Website and Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If you require medical advice or services, You should consult a medical professional. YOUR USE OF THE WEBSITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND JAMIN THOMPSON. YOU HEREBY AGREE THAT, BEFORE USING THE WEBSITE AND SERVICES, YOU SHALL CONSULT YOUR PHYSICIAN, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM EXERCISE OR CHANGES IN YOUR DIET.
17. RISK ASSUMPTION
You knowingly and freely assume all risk when using the website and services. you, on behalf of yourself, your personal representatives and your heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify JaminThompson.com and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, and assigns from any and all claims, actions or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy or other damages or harm, whether to you or to third parties, which may result from your use of the website and services.
18. HOLD HARMLESS AGREEMENT
In consideration of, and as an inducement to, my enrollment and payment of fees to become a member of Jamin Thompson, hereinafter referred to as “JaminThompson.com”, I represent and agree to the following:
1. I, hereinafter referred to as “I” or “member”, have been examined by a licensed physician within the past 6 months and been found by such physician to be in good health and fully able to perform fitness exercises, which I am to learn and perform during my subscription to JaminThompson.com.
2. I will faithfully follow all instructions given to me by JaminThompson.com and its Trainers as to when and how to perform and not to perform any and all fitness exercises and workouts. I understand that engaging in fitness activities may expose me to the risk of personal injury, disease, or death and I knowingly and willingly assume such risk.
3. I understand and agree that I will receive instruction in training and exercise only and that I hold harmless JaminThompson.com, its employees, officers, directors, and contract trainers for any personal injury, including but not limited to bodily injury, disease, disability, death, humiliation, or consequential loss of any kind arising out of my participation in any JaminThompson.com training, event, or activity. I also understand that not all exercises are suitable for everyone, and to reduce the risk of injury, I will never force or strain during exercise, and will consult a physician immediately upon experiencing any pain or discomfort.
4. In the event that I am pregnant, I will not participate in any of JaminThompson.com’s activities until I have discussed the potential risks to me or my unborn child/fetus with my obstetrician. I agree that I will follow my obstetrician’s recommendations and on behalf of myself, my heir, spouse or other interested party hold harmless JaminThompson.com for any possible injury to myself or my unborn child/fetus. I further acknowledge that pregnant women should not practice abdominal twists or any abdominal tightening exercises.
19. GOVERNING LAW
This website is controlled by Jamin Thompson from our offices located in the state of CALIFORNIA, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of CA, by accessing our website, you agree that the statutes and laws of CA, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Any provision not in conformity with the law of any state or governing body having jurisdiction is hereby severed from this contract and the remaining provisions remain enforceable. Member agrees that any dispute regarding this Agreement will be first tendered by the parties to a member of The American Arbitration Association for resolution prior to filing any lawsuit. Member also agrees, failing a successful arbitration effort, any suit to be tendered will be filed in and under the laws of the State of California.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, CA You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
20. THIRD-PARTY WEBSITES
The Website is linked with the websites of third parties (“Third-Party Websites”), some of whom may have established relationships with JaminThompson.com and some of whom may not. JaminThompson.com does not have control over the content and performance of Third-Party Websites. JaminThompson.com has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through third-party websites. accordingly, JaminThompson.com does not represent, warrant or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness or quality of the information material, goods or services available through third-party websites. JaminThompson.com disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of third-party websites.
21. GUARANTEE
UNLESS OTHERWISE EXPRESSED, JAMINTHOMPSON.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Contact Information
If you have any questions or comments about these our Terms of Use as outlined above, you can contact us at:
[email protected]
Jamin Thompson Inc
468 N. Camden Dr, Beverly Hills, California 90210
USA
