Disclaimer and Release of Liability
By using any services offered on this website you are agreeing to the following terms.
I understand and am aware that strength, flexibility, and aerobic exercise, including the use of equipment are a potentially hazardous activity. I also understand that fitness activities involve a risk of injury and even death, and that I am voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death related to said fitness activities.
I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would affect nutrient metabolism or prevent my participation or use of equipment or machinery except as hereinafter stated. I do hereby acknowledge that Squats and Hops has recommended to me that I obtain a physician’s approval for my participation in an exercise/fitness activity or in the use of exercise equipment and machinery and in any changes to diet and nutrition.
Under no circumstances is anyone with Squats and Hops, liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, injuries or illnesses arising in any way from any product or service sold or provided by Squats and Hops. By proceeding with purchasing and utilizing the products and services available, you agree to indemnify, defend and hold harmless Squats and Hops and our affiliates from and against any and all liability, loss, damage, claim and expense, including reasonable attorney’s fees, arising from your use of the products or information, or your violation of these terms and conditions. In no event shall Squats and Hops’ liability exceed the price paid for the products.
LIMITATION ON LIABILITY:
SQUATS AND HOPS LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SQUATS AND HOPS OR EMPLOYEES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY SQUATS AND HOPS. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. SQUATS AND HOPS’S AGGREGATE LIABILITY TO YOU FOR ANY REASON SHALL NOT EXCEED THE FEES YOU HAVE PAID TO SQUATS AND HOPS FOR YOUR USE OF THE APPLICATION WITHIN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT OR ACTION ASSERTED AS SUBJECTING SQUATS AND HOPS TO LIABILITY.
You agree to indemnify, defend, and hold harmless Squats and Hops, and it’s employees from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Application, your acts or omissions, your violation of these Terms and Conditions, or your actual or alleged infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.