Pippin Performance, LLC 

TERMS OF USE

1. Terms of Use

By accessing PippinPerformance.com (the “Site”), you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained on the Site are protected by applicable copyright and trademark law. By using the Site you hereby agree to the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms of Use you must immediately cease all use of the Site.

 

2. Legal Agreement.

These Terms of Use are a legal agreement between you and Pippin Performance, LLC, an Illinois limited liability company (“Pippin Performance”) and contain important information regarding your legal rights, remedies and obligations. By using and accessing the Site, you: (a) acknowledge you have read, understand, and agree to be bound by these terms; (b) agree to comply with all applicable laws, rules and regulations with respect to your use of the Site; and (c) represent you are an adult at least eighteen (18) years of age and have the legal capacity to enter into contracts in the jurisdiction where you reside.

 

3. No Children Are Permitted To Use Our Site.

This Site is not directed toward children under thirteen (13) years of age, nor does Pippin Performance knowingly collect information about children under thirteen (13). If you are under thirteen (13) years of age, you are not permitted to submit any personally identifiable information to us. If we find out any users of the Site are under the age of thirteen (13) years of age, we will immediately, upon notice, cancel your account.

 

4. Physician’s Permission.

You acknowledge that physical exercise can be strenuous and can expose you to risk of serious injury. We urge you to obtain a physical examination from a healthcare professional before participating in any exercise related activity. You voluntarily accept and assume any and all risks, known or unknown, associated with your use of the Site and our services including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which may arise by any means, including, any acts, omissions, recommendations or advice given by Pippen Performance.

 

The content provided by Pippin Performance is for informational and educational purposes only and is not intended as medical advice or to replace a relationship with a qualified healthcare professional. Consult your healthcare professional before practicing any recommendations by us or acting upon any Content on the Site. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy, or have any physical discomfort, you should stop immediately and consult a doctor. You are responsible for exercising within your limits and seeking medical advice and attention as appropriate. You agree that use of the Content is at your own risk and hereby hold Pippin Performance harmless from any and all losses, liabilities, injuries or damages resulting from your use of the Content or recommendations by Pippin Performance.

 

5. Not Advice

 

6. Content

The text, images, photographs, graphics, videos, logos, illustrations, descriptions, data, and other material on the Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”.

 

The Content may contain errors, omissions, or may be out of date. Pippin Performance may change, delete, or update Content at any time. The Content is provided for informational purposes only and is not binding on Pippin Performance.

 

All content, logos, graphics, pages, scripts, and service names included in or made available through any Site are subject to trade dress, trademarks, service marks, and/or copyright law and other laws that protect intellectual property in the U.S. and other countries. Pippin Performance’s intellectual property may not be used without Pippin Performance’s written permission. All other trademarks and service marks not owned by Pippin Performance that appear in any Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pippin Performance.

 

You may view and use the Content for your personal information and for no other purpose, except as set forth in these Terms of Use. Pippin Performance does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site.

 

The Contents of the Site do not constitute advice and should not be relied upon in making or refraining from making, any decision.

 

7. License

Pippin Performance hereby grants a license to temporarily download one copy of any downloadable materials on the Site for personal, non-commercial, and transitory viewing only. 

 

As a licensee, you may not do any of the following without the express written consent of Pippin Performance:

 

  1. modify or copy the materials;

  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

  3. attempt to decompile or reverse engineer any software contained on ’the Site;

  4. remove any copyright or other proprietary notations from the materials; or

  5. transfer the materials to another person or ‘mirror’ the materials on any other server.

 

This license shall automatically terminate if you violate any of these restrictions, or any other terms set forth in these Terms of Use, and such license may be terminated by Pippin Performance at any time, with or without cause. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

8. DISCLAIMER OF WARRANTIES

UNLESS PROHIBITED BY APPLICABLE LAW, PIPPIN PERFORMANCE MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO PIPPINPERFORMANCE.COM, ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. PIPPIN PERFORMANCE ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF PIPPINPERFORMANCE.COM OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT PIPPINPERFORMANCE.COM OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH PIPPINPERFORMANCE.COM IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF PIPPIN PERFORMANCE SERVICES.

 

9. LIMITATIONS

UNLESS PROHIBITED BY APPLICABLE LAW, PIPPIN PERFORMANCE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE APPLICATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT PIPPIN PERFORMANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL PIPPIN PERFORMANCE BE LIABLE TO YOU FOR ANY AMOUNT.

 

10. Revisions 

Pippin Performance may make changes to the Content at any time without notice. Pippin Performance does not, however, make any commitment to update the materials.

 

11. Links

Links to other websites operated by third parties, including Pippin Performance vendors, do not constitute sponsorship, endorsement, or approval by Pippin Performance of the content, policies, or practices of such linked sites. Pippin Performance does not operate, control, or maintain linked sites and is not responsible for their availability, content, security, policies, or practices. Links to other sites are provided for your convenience and you access them at your own risk.

 

12. Site Terms of Use Modifications

Pippin Performance may revise these Terms of Use at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use, and it is your responsibility to review these Terms of Use and any modifications.

 

13. Dispute Resolution

By using the Site, you agree that all disputes, claims, or causes of action arising from or related to your use of the Site will be resolved through binding arbitration in Chicago, Illinois in accordance with the rules of the American Arbitration Association. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

These Terms of Use shall be construed in accordance with the laws of the state of Illinois, without giving effect to any choice or conflict of law provision. You agree to jurisdiction in Illinois and you will initiate any claim in connection with use of the Site or these Terms of Use in Cook County, Illinois.

Nothing in this Section shall prevent Pippin Performance from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Site.

14. Entire Agreement/Severability

These Terms of Use, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Pippin Performance, shall constitute the entire agreement between you and Pippin Performance. If any provision of these Terms of Use is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.

 

15. No Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Pippin Performance’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

 

16. Hold Harmless and Indemnity

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Pippin Performance, its respective subsidiaries, affiliates,  shareholders, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation or mediation costs, and attorneys’ fees, of every kind and nature.

 

 

Copyright© 2019 Pippin Performance, LLC. All rights reserved.

Pippin Performance, LLC, USA

 

Updated on August 14, 2019

 

 

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Always consult with a qualified healthcare professional prior to beginning any exercise program. The content on our website is for informational and educational purposes only and is not intended as medical advice or to replace a relationship with a qualified healthcare professional.

© 2019 by Pippin Performance, LLC

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