Terms and Conditions of Service

OVERVIEW

This website is operated by Next Level Fitness, LLC (“NLF”). www.nextleveltheory.com (“site”) is a wholly owned URL and website of NLF. Throughout the site, the terms “we”, “us” and “our” refer to NLF. Your use of this website is conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. THESE TERMS OF SERVICE CONTAIN LIMITATIONS, WAIVERS AND RELEASES OF LIABILITY FOR USING OUR LIBRARY AND THE WEBSITE. These Terms of Service apply to all users of the site, including without limitation vendors, customers and merchants and others who browse the site. Please read these Terms of Service carefully before accessing or using our website and using the library of fitness training videos that we provide to subscribers (“Library”). By accessing or using any part of the site or the Library, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new videos, features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

GENERAL TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature to our servers. You understand that your information may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. (At this time, we do not accept credit card payments through our website.) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this without our express written permission. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PRICE CHANGES AND PRODUCT MODIFICATIONS

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue products and services shown on this website (including the Library) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance relating to our products. LIMITS ON SALES OF PRODUCTS AND SERVICES We reserve the right, but are not obligated, to limit the sales of our products and services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We may place limits on the quantities of goods sold to any customer. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

THIRD-PARTY LINKS

Certain content, products and services available via our website may include materials from third parties, such as manufacturers. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages arising out of your use of any third-party websites.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. . You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through this site is subject to our Privacy Policy. Click the link to view our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product and service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on this website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our website, other websites, or the Internet. We reserve the right to terminate your use of this website for violating any of these prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our website and the Library will be uninterrupted, timely, secure or error-free. We do not warrant results of physical conditioning or fitness that may be obtained from the use of the website and the Library. You agree that from time to time we may remove the website from service for indefinite periods of time, without notice to you. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE OR THE LIBRARY IS AT YOUR OWN RISK. IN NO CASE SHALL NLF, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACTOR, TORT (INCLUDING NEGLIGENCE), STRICT LIABLIITY OR OTHERWISE, ARISING FROM YOUR USE OF THE WEBSITE OR THE LIBRARY, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE LIBRARY OR ANY OTHER SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR SALES OF PRODUCTS AND SERVICES (INCLUDING BUT NOT LIMITED TO THE LIBRARY) ARE SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTIES PROVIDED WITH SUCH PRODUCTS AND SERVICES. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

WAIVER AND RELEASE OF LIABILITY

YOU AGREE TO FOLLOW ALL SAFETY INSTRUCTIONS PROVIDED IN ANY VIDEOS IN THE LIBRARY WHILE ENGAGING IN ANY WORKOUTS USING THE LIBRARY. YOU ACKNOWLEDGE THAT FOLLOWING THE SAFETY INSTRUCTIONS DOES NOT GUARANTEE THAT YOU WILL NOT SUFFER BODILY INJURY OR PHYSICAL ILLNESS AS A RESULT OF ENGAGING IN WORKOUTS USING THE LIBRARY. YOU ACKNOWLEDGE THAT IF YOU USE THE LIBRARY, YOU WILL BE ENGAGING IN WORKOUTS THAT INVOLVE HIGH LEVELS OF PHYSICAL TRAINING. YOU SHOULD CONSULT WITH A PHYSICIAN BEFORE ENGAGING IN WORKOUTS USING THE LIBRARY. IF YOU FAIL TO DO SO, YOU ACKNOWLEDGE THAT YOU HAVE VOLUNTARILY DECIDED TO PROCEED WITHOUT DOING SO. YOU WAIVE AND RELEASE NLF AND ITS SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, CONTRACTORS AND SUBCONTRACTORS (COLLECTIVELY, “RELEASEES”), FROM ANY CLAIMS, LIABILITIES, DEMANDS OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY ARISING FROM BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE AS A RESULT OF YOUR USE OF THE LIBRARY INCLUDING, BUT NOT LIMITED TO, CLAIMS OR LIABILITIES THAT ARISE FROM YOUR NEGLIGENCE OR NLF’S NEGLIGENCE. HOWEVER, THIS RELEASE DOES NOT RELEASE AND DISCHARGE NLF FROM A LIABILITY OR CLAIM FOR HARM CAUSED BY THE INTENTIONAL OR RECKLESS ACTS OF NLF. YOU ACKNOWLEDGE THAT THIS RELEASE RELEASES AND DISCHARGES NLF FROM ANY LIABILITY OR CLAIM THAT YOU MAY HAVE AGAINST NLF WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE THAT MAY RESULT FROM THE LIBRARY, CAUSED BY THE NEGLIGENCE OF NLF OR ITS MANAGERS, OFFICERS, EMPLOYEES OR AGENTS. YOU ACKNOWLEDGE THAT THE USE OF THE LIBRARY COULD BE HAZARDOUS TO YOU AND OTHERS, AND THAT SUCH HAZARDS COULD INCLUDE BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE. YOU REPRESENT THAT YOU ARE FAMILIAR WITH THE HAZARDS RELATED TO OR ARISING OUT OF YOUR USE OF THE LIBRARY, THAT YOU UNDERSTAND AND ACKNOWLEDGE THAT OTHERS MAY NOT BE PRESENT WHEN YOU USE THE LIBRARY AND THAT YOU USE THE LIBRARY AT YOUR OWN RISK AND EXPRESSLY AND SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM ARISING FROM USE OF THE LIBRARY. YOU REPRESENT THAT YOU HAVE REVIEWED AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS RELEASE, THAT YOU BELIEVE THE TERMS AND CONDITIONS OF THIS RELEASE ARE REASONABLE, AND THAT YOU HAVE HAD THE OPPORTUNITY TO HAVE THIS RELEASE REVIEWED BY LEGAL COUNSEL AND HAVE EITHER HAD SUCH REVIEWED PERFORMED OR HAVE CHOSEN NOT TO HAVE SUCH REVIEW PERFORMED.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NLF AND ITS SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Library or our products and services constitutes the entire agreement and understanding between you and us and govern your use of the Library or other service and products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements related to this website shall be governed by and construed in accordance with the laws of Wisconsin.

INTELLECTUAL PROPERTY

We reserve all rights to NLF’s copyrights, trademarks, service marks and logos. You may not use copyrights, trademarks, service marks or logos of the manufacturers of the products that we sell without the permission of such manufacturer.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at www.nextleveltheory.com.