Terms of Service
Last updated 6/24/2016
Please read these Terms of Service (“Terms“ or “Agreement”), as it is a legally binding agreement between you and Warrior Media, Inc. (“us”, “we”, “our”, or “Warrior Media”). If you do not agree to these Terms, you must immediately cease using our products and you are not permitted to access our websites.
We provide our services to you subject to these Terms. If you visit or shop at Warrior Media, Inc. or any of its associated websites, or use any of our services, you accept these Terms.
LIMITS TO USING OUR MATERIALS OR SERVICES.
Some People May Not Enter Into This Agreement:
You may not enter into this Agreement, and must immediately stop using our products and accessing our websites, if you meet any of the following criteria:
- You are under 13 years of age;
- It is illegal for you to access one or more of our websites or use our products in the place where you live or in the place where you are accessing from;
- You have provided us with false or misleading information;
- You are accessing for a malicious reason; or
- You intend to take any action based in whole or part on anything on our websites or in our services, including changing your exercise, lifestyle, or dietary routines, without obtaining the advice and approval of a physician.
You may not use our products and you may not take any action based on the information or opinions on our websites, if you meet any of the following criteria:
- You are between 13 years of age and the age of majority in the place where you live, and your parent or legal guardian has not reviewed and agreed to these Terms; or
- You have not sought and received approval from a physician to use our products and to exercise, change your diet, or take other actions discussed on our websites.
Medical Advice and Approval Required: The opinions and/or information presented on this Website are in no way intended as medical advice or as a substitute for medical treatment and as a material condition of this agreement, you agree not to use such opinions or information in this manner. This information should only be used in conjunction with the guidance, care, and approval of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan, including any offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Nothing herein is intended to diagnose, treat, cure or prevent any disease. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.
Special Medical Conditions: If you are pregnant, a nursing mother, anorexic, bulimic, diabetic, in poor health or have food allergies, or if your health conditions change in a material way, you agree not to participate in any program discussed on our websites or otherwise promoted or offered by Warrior Media, Inc. except on the specific advice of your physician. If you fit into one of these categories and have already joined a program, you agree that you will contact us immediately so that your membership and/or access may be terminated or, at your option, suspended until you obtain specific advice and approval of your physician.
We Really Mean It – This Site is Intended to Start a Discussion Between You and Your Physician: The contents of this Website, including the text, graphics, images, and information obtained from Warrior Media, third-party content providers, sponsors, suppliers, and licensors (collectively "Providers"), and any other materials are to be used for informational purposes only. Any action you take needs to be based on advice of your physician.
COMMUNICATIONS AND PERMISSION TO CONTACT YOU.
When you visit the Website or fill out any online forms, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email, phone, text messages, mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing.
You specifically grant Warrior Media, Inc., our affiliates or associates, the right to deliver communications to you electronically, including via electronic mail and text message. In addition, Warrior Media. may deliver communications (including legal notices) to you at the street address you provided. Finally, Warrior Media may deliver communications to you by any means set forth in any other Warrior Media policy or notice published on the Website.
LICENSE AND SITE ACCESS.
Warrior Media grants you a limited license to access and make personal use of the Website and to show it to your physician. You may not download (other than page caching) or modify it, or any portion of it, without the express written consent of Warrior Media This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Warrior Media You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Warrior Media without our express written consent. You may not use any metatags or any other hidden text utilizing Warrior Media's product names or trademarks without the express written consent of Warrior Media Any unauthorized use terminates the permission or license granted by Warrior Media. You may not use any Warrior Media, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.
CONTACTING Warrior Media, Inc.
You may contact us by emailing email@example.com and one of our customer service representatives will get back to you in the order your message was received.
DISCLAIMERS AND LIMITATION OF LIABILITY.
You expressly agree that use of the Website is at your sole risk. Neither Warrior Media, Inc., nor it's associated websites, nor its employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. Warrior Media does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information.
THE WEBSITE IS PROVIDED BY WARRIOR MEDIA, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. WARRIOR MEDIA, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WARRIOR MEDIA, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL WARRIOR MEDIA, INC. OR ITS PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD, RECOMMENDED OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF WARRIOR MEDIA, INC. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WARRIOR MEDIA INC.’S LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WARRIOR MEDIA, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall Warrior Media or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
Warrior Media is compliant with Section 512 of the Digital Millennium Copyright Act. To request that copyrighted materials be taken down, you should send notice to our designated agent identified at http://www.copyright.gov/onlinesp/agents/w/warrior_media.pdf (you may also email us at firstname.lastname@example.org).
We will promptly disable access to allegedly infringing material upon receipt of a compliant demand under the Digital Millennium Copyright Act. To make this easier, the following is the text of the relevant part of the statute (and any notice you send needs to meet the requirements in that text):
(A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our copyright policy is as follows: (a) Intentional copyright infringement where the infringer is aware that he or she is infringing results in immediate termination of any membership and a 12 month prohibition on accessing our sites. (b) Other instances of copyright infringement result in: For the first episode, a warning; for the second episode, a warning and a one week suspension of membership and access; a third or subsequent episode will be treated as intentional copyright infringement as described in subsection (a).
Our sites and materials are our copyrighted property and may not be duplicated without our express written permission.
Warrior Media expressly reserves its rights under Section 230 of the Communications Decency Act.
The Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively "Content"). Warrior Media does not exercise editorial control over third party Content, and the opinions expressed in third party Content do not necessarily reflect those of Warrior Media. Warrior Media does not guarantee the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose.
LINKS TO OTHER SITES.
The Website may reference or link to third-party sites throughout the World Wide Web. Warrior Media has no control over these third-party sites or the content within them. Warrior Media can not and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. Warrior Media does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. Warrior Media does not assume any responsibility or liability for the actions, products, services, and content of all these and any other third parties. If you choose to click through to or use a third-party website, you should carefully review such third party's privacy statement and other terms and conditions of use. By using the Website to click on any link to another third-party site, you agree and understand that you may not make any claim against Warrior Media for any damages or losses, whatsoever, resulting from your use of the Website to obtain information.
Warrior Media and the related logos and other marks indicated on our Website are the exclusive property and trademarks of Warrior Media, Inc. and no license thereto is granted as a result of this Agreement. All other trademarks not owned by Warrior Media, Inc. that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Warrior Media.
You agree to defend, indemnify, and hold Warrior Media, its affiliates, providers, agents, owners and employees harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your breach of this Agreement.
APPLICABLE LAW, CLASS ACTION PROHIBITION AND DISPUTE RESOLUTION.
This Agreement shall be interpreted under California law, without giving effect to any principles of conflicts of laws. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the federal and state courts sitting in California, United States of America. Any dispute relating to this Agreement, our Websites, or otherwise existing between you and Warrior Media shall be resolved exclusively by federal or state courts sitting in Santa Cruz County, California, or federal courts sitting in Santa Clara County, California. Any litigation shall be resolved by a bench trial, without a jury. This means that you expressly waive your right to have disputes with Warrior Media resolved by a jury trial.
You also agree that you may only make claims against Warrior Media (and that Warrior Media may only make claims against you) on an individual basis, and not as a class representative, as part of a representative action, or similar action.
In the event of litigation, the prevailing party shall be entitled to recover its reasonable attorneys’ fees.
BY AGREEING TO THE ABOVE, YOU WAIVE ANY RIGHTS THAT YOU MAY HAVE TO BRING CLAIMS IN A CLASS ACTION, CONSOLIDATED ACTION OR REPRESENTATIVE ACTION.
THESE TERMS MIGHT CHANGE.
You agree that Warrior Media may make changes to these Terms at any time. The changes will become effective seven days after they are made unless you send us an email, to email@example.com, expressly opting out. If you opt out, you must immediately stop utilizing any Warrior Media sites or programs. You agree that you will check this webpage once every seven days. We agree that we will increment the version number every time we change these Terms (at the top of this page) so that you can tell whether there have been changes. Each time you access this Website, you will be deemed to have accepted any such changes as of the effective date, unless you expressly opt out prior to the effective date.
If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. These Terms and Conditions are the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms and Conditions. These Terms and Conditions will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions, or to exercise any right under the Terms and Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
UNSOLICITED IDEA SUBMISSION POLICY
Warrior Media, and/or any of its employees, do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Warrior Media's products or marketing strategies might seem similar to ideas submitted to Warrior Media, Inc. So, please do not send your unsolicited ideas to Warrior Media or anyone at Warrior Media. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter, fax, phone call, or e-mail says, the following terms shall apply to your idea submission: You agree that: (1) your ideas will automatically become the property of Warrior Media, Inc., without compensation to you, (2) you hereby assign to Warrior Media all rights, including moral rights, copyrights, and any other intellectual property rights (to the extent that such an assignment is held invalid, you hereby grant a fully paid exclusive license to Warrior Media); and (3) Warrior Media, Inc. can use the ideas for any purpose and in any way, including selling or giving them to others.
PRODUCT AND/OR SERVICE FEEDBACK
Warrior Media welcomes your feedback regarding many areas of Warrior Media's existing business. If you want to send us your feedback, and we hope you do, we simply request that you fill out the form on the contact us page. Please provide only specific feedback on Warrior Media's existing products or marketing strategies; do not include any ideas that Warrior Media's unsolicited idea submission policy will not permit it to accept or consider. It's just one more way that Warrior Media can learn how to best satisfy your needs.
FEEDBACK AND INFORMATION
Any feedback you provide at this site shall be deemed to be non-confidential. Warrior Media shall be free to use such information on an unrestricted basis.