Date Effective: September, 2020, as
amended December, 2020
General
We reserve the right to change these
Terms of Service or to impose new
conditions on use of the Site, from time
to time, in which case we will post the
revised Terms of Service on this
website. By continuing to use the Site
after we post any such changes, you
accept the Terms of Service, as
modified.
Intellectual Property Rights
Our Limited License to You. This
Site and all the materials available on
the Site are the property of us and/or
our affiliates or licensors, and are
protected by copyright, trademark, and
other intellectual property laws. The
Site is provided solely for your
personal noncommercial use. You may not
use the Site or the materials available
on the Site in a manner that constitutes
an infringement of our rights or that
has not been authorized by us. More
specifically, unless explicitly
authorized in these Terms of Service or
by the owner of the materials, you may
not modify, copy, reproduce, republish,
upload, post, transmit, translate, sell,
create derivative works, exploit, or
distribute in any manner or medium
(including by email or other electronic
means) any material from the Site. You
may, however, from time to time,
download and/or print one copy of
individual pages of the Site for your
personal, non-commercial use, provided
that you keep intact all copyright and
other proprietary notices.
Your License to Us. By posting or
submitting any material (including,
without limitation, comments, blog
entries, Facebook postings, photos and
videos) to us via the Site, internet
groups, social media venues, or to any
of our staff via email, text or
otherwise, you are representing: (i)
that you are the owner of the material,
or are making your posting or submission
with the express consent of the owner of
the material; and (ii) that you are
thirteen years of age or older. In
addition, when you submit, email, text
or deliver or post any material, you are
granting us, and anyone authorized by
us, a royalty-free, perpetual,
irrevocable, non-exclusive,
unrestricted, worldwide license to use,
copy, modify, transmit, sell, exploit,
create derivative works from,
distribute, and/or publicly perform or
display such material, in whole or in
part, in any manner or medium, now known
or hereafter developed, for any purpose.
The foregoing grant shall include the
right to exploit any proprietary rights
in such posting or submission,
including, but not limited to, rights
under copyright, trademark, service mark
or patent laws under any relevant
jurisdiction. Also, in connection with
the exercise of such rights, you grant
us, and anyone authorized by us, the
right to identify you as the author of
any of your postings or submissions by
name, email address or screen name, as
we deem appropriate.
You acknowledge and agree that any
contributions originally created by you
for us shall be deemed a “work made for
hire” when the work performed is within
the scope of the definition of a work
made for hire in Section 101 of the
United States Copyright Law, as amended.
As such, the copyrights in those works
shall belong to COMPANY from their
creation. Thus, COMPANY shall be deemed
the author and exclusive owner thereof
and shall have the right to exploit any
or all of the results and proceeds in
any and all media, now known or
hereafter devised, throughout the
universe, in perpetuity, in all
languages, as COMPANY determines. In the
event that any of the results and
proceeds of your submissions hereunder
are not deemed a “work made for hire”
under Section 101 of the Copyright Act,
as amended, you hereby, without
additional compensation, irrevocably
assign, convey and transfer to COMPANY
all proprietary rights, including
without limitation, all copyrights and
trademarks throughout the universe, in
perpetuity in every medium, whether now
known or hereafter devised, to such
material and any and all right, title
and interest in and to all such
proprietary rights in every medium,
whether now known or hereafter devised,
throughout the universe, in perpetuity.
Any posted material which are
reproductions of prior works by you
shall be co-owned by us.
You acknowledge that COMPANY has the
right but not the obligation to use and
display any postings or contributions of
any kind and that COMPANY may elect to
cease the use and display of any such
materials (or any portion thereof), at
any time for any reason whatsoever.
Limitations on Linking and
Framing. You may establish a
hypertext link to the Site so long as
the link does not state or imply any
sponsorship of your site by us or by the
Site. However, you may not, without our
prior written permission, frame or
inline link any of the content of the
Site, or incorporate into another
website or other service any of our
material, content or intellectual
property.
Disclaimers
Throughout the Site, we may provide links
and pointers to Internet sites
maintained by third parties. Our linking
to such third-party sites does not imply
an endorsement or sponsorship of such
sites, or the information, products or
services offered on or through the
sites. In addition, neither we nor
affiliates operate or control in any
respect any information, products or
services that third parties may provide
on or through the Site or on websites
linked to by us on the Site.
If applicable, any opinions, advice,
statements, services, offers, or other
information or content expressed or made
available by third parties, including
information providers, are those of the
respective authors or distributors, and
not COMPANY. Neither COMPANY nor any
third-party provider of information
guarantees the accuracy, completeness,
or usefulness of any content.
Furthermore, COMPANY neither endorses
nor is responsible for the accuracy and
reliability of any opinion, advice, or
statement made on any of the Sites by
anyone other than an authorized COMPANY
representative while acting in his/her
official capacity.
THE INFORMATION, PRODUCTS AND SERVICES
OFFERED ON OR THROUGH THE SITE AND BY
COMPANY AND ANY THIRD-PARTY SITES ARE
PROVIDED “AS IS” AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. WE DO
NOT WARRANT THAT THE SITE OR ANY OF ITS
FUNCTIONS WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT ANY PART OF THIS
SITE, INCLUDING BULLETIN BOARDS, OR THE
SERVERS THAT MAKE IT AVAILABLE, ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SITE OR
MATERIALS ON THIS SITE OR ON THIRD-PARTY
SITES IN TERMS OF THEIR CORRECTNESS,
ACCURACY, TIMELINESS, RELIABILITY OR
OTHERWISE.
The messaging regarding Fabian Petrina
recounts his personal fitness journey.
It is substantially based upon his own
life story. Certain creative license is
used to make his story entertaining; to
integrate scientific principles; and, to
explain the “Density Stacking” process.
The Basement Beat program evolved from
Petrina’s personal experiences. Your
results will depend on your age, fitness
level, dedication, diet, lifestyle and
attention to the details of the program.
You agree at all times to defend,
indemnify and hold harmless COMPANY its
affiliates, their successors,
transferees, assignees and licensees and
their respective parent and subsidiary
companies, agents, associates, officers,
directors, shareholders and employees of
each from and against any and all
claims, causes of action, damages,
liabilities, costs and expenses,
including legal fees and expenses,
arising out of or related to your breach
of any obligation, warranty,
representation or covenant set forth
herein.
Online Commerce
Certain sections of the Site may allow
you to purchase many different types of
products and services online that are
provided by third parties. We are not
responsible for the quality, accuracy,
timeliness, reliability or any other
aspect of these products and services.
If you make a purchase from a merchant
on the Site or on a site linked to by
the Site, the information obtained
during your visit to that merchant’s
online store or site, and the
information that you give as part of the
transaction, such as your credit card
number and contact information, may be
collected by both the merchant and us. A
merchant may have privacy and data
collection practices that are different
from ours. We have no responsibility or
liability for these independent
policies. In addition, when you purchase
products or services on or through the
Site, you may be subject to additional
terms and conditions that specifically
apply to your purchase or use of such
products or services. For more
information regarding a merchant, its
online store, its privacy policies,
and/or any additional terms and
conditions that may apply, visit that
merchant’s website and click on its
information links or contact the
merchant directly. You release us and
our affiliates from any damages that you
incur, and agree not to assert any
claims against us or them, arising from
your purchase or use of any products or
services made available by third parties
through the Site.
Your participation, correspondence or
business dealings with any third party
found on or through our Site, regarding
payment and delivery of specific goods
and services, and any other terms,
conditions, representations or
warranties associated with such
dealings, are solely between you and
such third party. You agree that COMPANY
shall not be responsible or liable for
any loss, damage, or other matters of
any sort incurred as the result of such
dealings.
You agree to be financially responsible
for all purchases made by you or someone
acting on your behalf through the Site.
You agree to use the Site and to
purchase services or products through
the Site for legitimate, non-commercial
purposes only. You also agree not to
make any purchases for speculative,
false or fraudulent purposes or for the
purpose of anticipating demand for a
particular product or service. You agree
to only purchase goods or services for
yourself or for another person for whom
you are legally permitted to do so. When
making a purchase for a third party that
requires you to submit the third party’s
personal information to us or a
merchant, you represent that you have
obtained the express consent of such
third party to provide such third
party’s personal information.
Interactive Features
This Site may include a variety of
features, such as bulletin boards, web
logs, chat rooms, and email services,
which allow feedback to us and real-time
interaction between users, and other
features which allow users to
communicate with others. Responsibility
for what is posted on bulletin boards,
web logs, chat rooms, and other public
posting areas on the Site, or sent via
any email services on the Site, lies
with each user – you alone are
responsible for the material you post or
send. We do not control the messages,
information or files that you or others
may provide through the Site. It is a
condition of your use of the Site that
you do not:
- Restrict or
inhibit any other user from using
and enjoying the Site.
- Use the
Site to impersonate any person or
entity, or falsely state or
otherwise misrepresent your
affiliation with a person or entity.
- Interfere
with or disrupt any servers or
networks used to provide the Site or
its features, or disobey any
requirements, procedures, policies
or regulations of the networks we
use to provide the Site.
- Use the
Site to instigate or encourage
others to commit illegal activities
or cause injury or property damage
to any person.
- Gain
unauthorized access to the Site, or
any account, computer system, or
network connected to this Site, by
means such as hacking, password
mining or other illicit means.
- Obtain or
attempt to obtain any materials or
information through any means not
intentionally made available through
this Site.
- Use the
Site to post or transmit any
unlawful, threatening, abusive,
libelous, defamatory, obscene,
vulgar, pornographic, profane or
indecent information of any kind,
including without limitation any
transmissions constituting or
encouraging conduct that would
constitute a criminal offense, give
rise to civil liability or otherwise
violate any local, state, national
or international law.
- Use the
Site to post or transmit any
information, software or other
material that violates or infringes
upon the rights of others, including
material that is an invasion of
privacy or publicity rights or that
is protected by copyright, trademark
or other proprietary right, or
derivative works with respect
thereto, without first obtaining
permission from the owner or rights
holder.
- Use the
Site to post or transmit any
information, software or other
material that contains a virus or
other harmful component.
- Use the
Site to post, transmit or in any way
exploit any information, software or
other material for commercial
purposes, or that contains
advertising.
- Use the
Site to advertise or solicit to
anyone to buy or sell products or
services, or to make donations of
any kind, without our express
written approval.
- Gather for
marketing purposes any email
addresses or other personal
information that has been posted by
other users of the Site.
COMPANY may host message boards, chats
and other private/public forums on its
Sites and on other platforms. Any user
failing to comply with the terms and
conditions of this Agreement may be
expelled from and refused continued
access to, the message boards, groups,
chats or other such forums in the
future. COMPANY or its designated agents
may remove or alter any user-created
content at any time for any reason.
Message boards, chats and other public
forums are intended to serve as
discussion centers for users and
subscribers. Information and content
posted within these public forums may be
provided by COMPANY staff, COMPANY’s
outside contributors, or by users not
connected with COMPANY, some of whom may
employ anonymous user names. COMPANY
expressly disclaims all responsibility
and endorsement and makes no
representation as to the validity of any
opinion, advice, information or
statement made or displayed in these
forums by third parties, nor are we
responsible for any errors or omissions
in such postings, or for hyperlinks
embedded in any messages. Under no
circumstances will we, our affiliates,
suppliers or agents be liable for any
loss or damage caused by your reliance
on information obtained through these
forums. The opinions expressed in these
forums are solely the opinions of the
participants, and do not reflect the
opinions of COMPANY or any of its
subsidiaries or affiliates.
COMPANY has no obligation whatsoever to
monitor any of the content or postings
on the message boards, chat rooms or
other public forums on the Sites.
However, you acknowledge and agree that
we have the absolute right to monitor
the same at our sole discretion. In
addition, we reserve the right to alter,
edit, refuse to post or remove any
postings or content, in whole or in
part, for any reason and to disclose
such materials and the circumstances
surrounding their transmission to any
third party in order to satisfy any
applicable law, regulation, legal
process or governmental request and to
protect ourselves, our clients,
sponsors, users and visitors.
Registration
To access certain features of the Site,
we may ask you to provide certain
demographic information including your
gender, year of birth, zip code and
country. In addition, if you elect to
sign-up for a particular feature of the
Site, such as chat rooms, web logs, or
bulletin boards, you may also be asked
to register with us on the form provided
and such registration may require you to
provide personally identifiable
information such as your name and email
address. You agree to provide true,
accurate, current and complete
information about yourself as prompted
by the Site’s registration form. If we
have reasonable grounds to suspect that
such information is untrue, inaccurate,
or incomplete, we have the right to
suspend or terminate your account and
refuse any and all current or future use
of the Site (or any portion thereof).
Our use of any personally identifiable
information you provide to us as part of
the registration process is governed by
the terms of our Privacy Policy.
Passwords
To use certain features of the Site, you
will need a username and password, which
you will receive through the Site’s
registration process. You are
responsible for maintaining the
confidentiality of the password and
account, and are responsible for all
activities (whether by you or by others)
that occur under your password or
account. You agree to notify us
immediately of any unauthorized use of
your password or account or any other
breach of security, and to ensure that
you exit from your account at the end of
each session. We cannot and will not be
liable for any loss or damage arising
from your failure to protect your
password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, SHALL WE,
OUR SUBSIDIARY AND PARENT COMPANIES OR
AFFILIATES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OF, OR THE INABILITY TO USE, THE
SITE, INCLUDING OUR MESSAGING, BLOGS,
COMMENTS OF OTHERS, BOOKS, EMAILS,
PRODUCTS, OR SERVICES, OR THIRD-PARTY
MATERIALS, PRODUCTS, OR SERVICES MADE
AVAILABLE THROUGH THE SITE OR BY US IN
ANY WAY, EVEN IF WE ARE ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH
DAMAGES. (BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN CATEGORIES OF DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, OUR LIABILITY AND THE LIABILITY
OF OUR SUBSIDIARY AND PARENT COMPANIES
OR AFFILIATES IS LIMITED TO THE FULLEST
EXTENT PERMITTED BY SUCH STATE LAW.) YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT
WE ARE NOT LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY
USER. IF YOU ARE DISSATISFIED WITH THE
SITE, ANY MATERIALS, PRODUCTS, OR
SERVICES ON THE SITE, OR WITH ANY OF THE
SITE’S TERMS AND CONDITIONS, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE AND THE PRODUCTS,
SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER
DEVELOPMENT AND COMPANY MAKES NO
WARRANTY OF ANY KIND, IMPLIED OR
EXPRESS, AS TO ITS ACCURACY,
COMPLETENESS OR APPROPRIATENESS FOR ANY
PURPOSE.
WITH REGARDS TO CONTENT RELATING TO
HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS,
FITNESS AND NUTRITIONAL INFORMATION AND
IS DESIGNED FOR EDUCATIONAL PURPOSES
ONLY. YOU SHOULD NOT RELY ON THIS
INFORMATION AS A SUBSTITUTE FOR, NOR
DOES IT REPLACE, PROFESSIONAL MEDICAL
ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU
HAVE ANY CONCERNS OR QUESTIONS ABOUT
YOUR HEALTH, YOU SHOULD ALWAYS CONSULT
WITH A PHYSICIAN OR OTHER HEALTH-CARE
PROFESSIONAL. DO NOT DISREGARD, AVOID OR
DELAY OBTAINING MEDICAL OR HEALTH
RELATED ADVICE FROM YOUR HEALTH-CARE
PROFESSIONAL BECAUSE OF SOMETHING YOU
MAY HAVE READ ON THIS SITE. THE USE OF
ANY INFORMATION PROVIDED ON THIS SITE IS
SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR
AVAILABLE THROUGH ANY SERVICES ARE
INTENDED TO BE, AND MUST NOT BE TAKEN TO
BE, THE PRACTICE OF MEDICAL OR
COUNSELING CARE. FOR PURPOSES OF THIS
AGREEMENT, THE PRACTICE OF MEDICINE AND
COUNSELING INCLUDES, WITHOUT LIMITATION,
PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY,
OR PROVIDING HEALTH CARE TREATMENT,
INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR
ADVICE.
Termination
We may cancel or terminate your right to
use the Site or any part of the Site at
any time without notice. In the event of
cancellation or termination, you are no
longer authorized to access the part of
the Site affected by such cancellation
or termination. The restrictions imposed
on you with respect to material
downloaded from the Site, and the
disclaimers and limitations of
liabilities set forth in these Terms of
Service, shall survive.
Refund Policy
Your purchase of a product or service or
ticket to an event may or may not
provide for any refund. Each specific
product, service, event or course will
specify its own refund policy.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of
1998 (the “DMCA”) provides recourse for
copyright owners who believe that
material appearing on the Internet
infringes their rights under the U.S.
copyright law. If you believe in good
faith that materials hosted by COMPANY
infringe your copyright, you, or your
agent may send to COMPANY a notice
requesting that the material be removed
or access to it be blocked. Any
notification by a copyright owner or a
person authorized to act on its behalf
that fails to comply with requirements
of the DMCA shall not be considered
sufficient notice and shall not be
deemed to confer upon COMPANY actual
knowledge of facts or circumstances from
which infringing material or acts are
evident. If you believe in good faith
that a notice of copyright infringement
has been wrongly filed against you, the
DMCA permits you to send to COMPANY a
counter-notice. All notices and counter
notices must meet the then current
statutory requirements imposed by the
DMCA; see http://www.loc.gov/copyright
for details. COMPANY’s Copyright Agent
for notice shall be
[email protected]
Assignment
This Agreement shall be binding upon and
inure to the benefit of COMPANY and our
respective assigns, successors, heirs,
and legal representatives. Neither this
Agreement nor any rights hereunder may
be assigned without the prior written
consent of COMPANY Notwithstanding the
foregoing, all rights and obligations
under this Agreement may be freely
assigned by COMPANY to any affiliated
entity or any of its wholly owned
subsidiaries.
Dispute Resolution
These Terms of Use shall be governed by
and construed in accordance with the
laws of the State of Hawaii and any
dispute shall be subject to binding
arbitration in Honolulu, Hawaii. If any
provision of this agreement shall be
unlawful, void or for any reason
unenforceable, then that provision shall
be deemed severable from this agreement
and shall not affect the validity and
enforceability of any remaining
provisions.
Class Action Waiver
You may only resolve disputes with us on
an individual basis, and may not bring a
claim as a plaintiff or a class member
in a class, consolidated, or
representative action. Class
arbitrations, class actions, private
attorney general actions, and
consolidation with other arbitrations
aren’t allowed.
The arbitrator may not consolidate more
than one person’s claims, and may not
otherwise preside over any form of a
class or representative proceeding or
claims (such as a class action,
consolidated action or private attorney
general action) unless all relevant
parties specifically agree to do so
following initiation of the arbitration.
Severability
If any clause within these Terms of
Service (other than the Class Action
Waiver clause above) is found to be
illegal or unenforceable, that clause
will be severed from these Terms of
Service, and the remainder of these
Terms of Service will be given full
force and effect. If the Class Action
Waiver clause is found to be illegal or
unenforceable, this entire Provision
will be unenforceable and the dispute
will be decided by a court.
Date Effective: September, 2020, as
amended December, 2020
General
This website (the “Site”) is owned and
operated by Rapid Physique, LLC
d/b/a Basement Beast
(“COMPANY” “we” or “us”). By using
the Site, you agree to be bound by these
Terms of Service and to use the Site in
accordance with these Terms of Service,
our Privacy Policy, our Shipping Policy,
our Return Policy and any additional
terms and conditions that may apply to
specific sections of the Site or to
products and services available through
the Site or from COMPANY. Accessing the
Site, in any manner, whether automated
or otherwise, constitutes use of the
Site and your agreement to be bound by
these Terms of Service.
We reserve the right to change these
Terms of Service or to impose new
conditions on use of the Site, from time
to time, in which case we will post the
revised Terms of Service on this
website. By continuing to use the Site
after we post any such changes, you
accept the Terms of Service, as
modified.
Intellectual Property Rights
Our Limited License to You. This
Site and all the materials available on
the Site are the property of us and/or
our affiliates or licensors, and are
protected by copyright, trademark, and
other intellectual property laws. The
Site is provided solely for your
personal noncommercial use. You may not
use the Site or the materials available
on the Site in a manner that constitutes
an infringement of our rights or that
has not been authorized by us. More
specifically, unless explicitly
authorized in these Terms of Service or
by the owner of the materials, you may
not modify, copy, reproduce, republish,
upload, post, transmit, translate, sell,
create derivative works, exploit, or
distribute in any manner or medium
(including by email or other electronic
means) any material from the Site. You
may, however, from time to time,
download and/or print one copy of
individual pages of the Site for your
personal, non-commercial use, provided
that you keep intact all copyright and
other proprietary notices.
Your License to Us. By posting or
submitting any material (including,
without limitation, comments, blog
entries, Facebook postings, photos and
videos) to us via the Site, internet
groups, social media venues, or to any
of our staff via email, text or
otherwise, you are representing: (i)
that you are the owner of the material,
or are making your posting or submission
with the express consent of the owner of
the material; and (ii) that you are
thirteen years of age or older. In
addition, when you submit, email, text
or deliver or post any material, you are
granting us, and anyone authorized by
us, a royalty-free, perpetual,
irrevocable, non-exclusive,
unrestricted, worldwide license to use,
copy, modify, transmit, sell, exploit,
create derivative works from,
distribute, and/or publicly perform or
display such material, in whole or in
part, in any manner or medium, now known
or hereafter developed, for any purpose.
The foregoing grant shall include the
right to exploit any proprietary rights
in such posting or submission,
including, but not limited to, rights
under copyright, trademark, service mark
or patent laws under any relevant
jurisdiction. Also, in connection with
the exercise of such rights, you grant
us, and anyone authorized by us, the
right to identify you as the author of
any of your postings or submissions by
name, email address or screen name, as
we deem appropriate.
You acknowledge and agree that any
contributions originally created by you
for us shall be deemed a “work made for
hire” when the work performed is within
the scope of the definition of a work
made for hire in Section 101 of the
United States Copyright Law, as amended.
As such, the copyrights in those works
shall belong to COMPANY from their
creation. Thus, COMPANY shall be deemed
the author and exclusive owner thereof
and shall have the right to exploit any
or all of the results and proceeds in
any and all media, now known or
hereafter devised, throughout the
universe, in perpetuity, in all
languages, as COMPANY determines. In the
event that any of the results and
proceeds of your submissions hereunder
are not deemed a “work made for hire”
under Section 101 of the Copyright Act,
as amended, you hereby, without
additional compensation, irrevocably
assign, convey and transfer to COMPANY
all proprietary rights, including
without limitation, all copyrights and
trademarks throughout the universe, in
perpetuity in every medium, whether now
known or hereafter devised, to such
material and any and all right, title
and interest in and to all such
proprietary rights in every medium,
whether now known or hereafter devised,
throughout the universe, in perpetuity.
Any posted material which are
reproductions of prior works by you
shall be co-owned by us.
You acknowledge that COMPANY has the
right but not the obligation to use and
display any postings or contributions of
any kind and that COMPANY may elect to
cease the use and display of any such
materials (or any portion thereof), at
any time for any reason whatsoever.
Limitations on Linking and
Framing. You may establish a
hypertext link to the Site so long as
the link does not state or imply any
sponsorship of your site by us or by the
Site. However, you may not, without our
prior written permission, frame or
inline link any of the content of the
Site, or incorporate into another
website or other service any of our
material, content or intellectual
property.
Disclaimers
Throughout the Site, we may provide links
and pointers to Internet sites
maintained by third parties. Our linking
to such third-party sites does not imply
an endorsement or sponsorship of such
sites, or the information, products or
services offered on or through the
sites. In addition, neither we nor
affiliates operate or control in any
respect any information, products or
services that third parties may provide
on or through the Site or on websites
linked to by us on the Site.
If applicable, any opinions, advice,
statements, services, offers, or other
information or content expressed or made
available by third parties, including
information providers, are those of the
respective authors or distributors, and
not COMPANY. Neither COMPANY nor any
third-party provider of information
guarantees the accuracy, completeness,
or usefulness of any content.
Furthermore, COMPANY neither endorses
nor is responsible for the accuracy and
reliability of any opinion, advice, or
statement made on any of the Sites by
anyone other than an authorized COMPANY
representative while acting in his/her
official capacity.
THE INFORMATION, PRODUCTS AND SERVICES
OFFERED ON OR THROUGH THE SITE AND BY
COMPANY AND ANY THIRD-PARTY SITES ARE
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OF ANY KIND EITHER EXPRESS OR IMPLIED.
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PURSUANT TO APPLICABLE LAW, WE DISCLAIM
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The messaging regarding Fabian Petrina
recounts his personal fitness journey.
It is substantially based upon his own
life story. Certain creative license is
used to make his story entertaining; to
integrate scientific principles; and, to
explain the “Density Stacking” process.
The Basement Beat program evolved from
Petrina’s personal experiences. Your
results will depend on your age, fitness
level, dedication, diet, lifestyle and
attention to the details of the program.
You agree at all times to defend,
indemnify and hold harmless COMPANY its
affiliates, their successors,
transferees, assignees and licensees and
their respective parent and subsidiary
companies, agents, associates, officers,
directors, shareholders and employees of
each from and against any and all
claims, causes of action, damages,
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including legal fees and expenses,
arising out of or related to your breach
of any obligation, warranty,
representation or covenant set forth
herein.
Online Commerce
Certain sections of the Site may allow
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responsible for the quality, accuracy,
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aspect of these products and services.
If you make a purchase from a merchant
on the Site or on a site linked to by
the Site, the information obtained
during your visit to that merchant’s
online store or site, and the
information that you give as part of the
transaction, such as your credit card
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collected by both the merchant and us. A
merchant may have privacy and data
collection practices that are different
from ours. We have no responsibility or
liability for these independent
policies. In addition, when you purchase
products or services on or through the
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terms and conditions that specifically
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conditions that may apply, visit that
merchant’s website and click on its
information links or contact the
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our affiliates from any damages that you
incur, and agree not to assert any
claims against us or them, arising from
your purchase or use of any products or
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through the Site.
Your participation, correspondence or
business dealings with any third party
found on or through our Site, regarding
payment and delivery of specific goods
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conditions, representations or
warranties associated with such
dealings, are solely between you and
such third party. You agree that COMPANY
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any loss, damage, or other matters of
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You agree to be financially responsible
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acting on your behalf through the Site.
You agree to use the Site and to
purchase services or products through
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Interactive Features
This Site may include a variety of
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COMPANY has no obligation whatsoever to
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Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, SHALL WE,
OUR SUBSIDIARY AND PARENT COMPANIES OR
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SITE, INCLUDING OUR MESSAGING, BLOGS,
COMMENTS OF OTHERS, BOOKS, EMAILS,
PRODUCTS, OR SERVICES, OR THIRD-PARTY
MATERIALS, PRODUCTS, OR SERVICES MADE
AVAILABLE THROUGH THE SITE OR BY US IN
ANY WAY, EVEN IF WE ARE ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH
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ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN CATEGORIES OF DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, OUR LIABILITY AND THE LIABILITY
OF OUR SUBSIDIARY AND PARENT COMPANIES
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EXTENT PERMITTED BY SUCH STATE LAW.) YOU
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WE ARE NOT LIABLE FOR ANY DEFAMATORY,
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SITE’S TERMS AND CONDITIONS, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE AND THE PRODUCTS,
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THIS SITE IS CONTINUALLY UNDER
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WITH REGARDS TO CONTENT RELATING TO
HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS,
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ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU
HAVE ANY CONCERNS OR QUESTIONS ABOUT
YOUR HEALTH, YOU SHOULD ALWAYS CONSULT
WITH A PHYSICIAN OR OTHER HEALTH-CARE
PROFESSIONAL. DO NOT DISREGARD, AVOID OR
DELAY OBTAINING MEDICAL OR HEALTH
RELATED ADVICE FROM YOUR HEALTH-CARE
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NOTHING STATED OR POSTED ON THIS SITE OR
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PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY,
OR PROVIDING HEALTH CARE TREATMENT,
INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR
ADVICE.
Termination
We may cancel or terminate your right to
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disclaimers and limitations of
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Refund Policy
Your purchase of a product or service or
ticket to an event may or may not
provide for any refund. Each specific
product, service, event or course will
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Digital Millennium Copyright Act
The Digital Millennium Copyright Act of
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copyright owners who believe that
material appearing on the Internet
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copyright law. If you believe in good
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Assignment
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inure to the benefit of COMPANY and our
respective assigns, successors, heirs,
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consent of COMPANY Notwithstanding the
foregoing, all rights and obligations
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assigned by COMPANY to any affiliated
entity or any of its wholly owned
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Dispute Resolution
These Terms of Use shall be governed by
and construed in accordance with the
laws of the State of Hawaii and any
dispute shall be subject to binding
arbitration in Honolulu, Hawaii. If any
provision of this agreement shall be
unlawful, void or for any reason
unenforceable, then that provision shall
be deemed severable from this agreement
and shall not affect the validity and
enforceability of any remaining
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Class Action Waiver
You may only resolve disputes with us on
an individual basis, and may not bring a
claim as a plaintiff or a class member
in a class, consolidated, or
representative action. Class
arbitrations, class actions, private
attorney general actions, and
consolidation with other arbitrations
aren’t allowed.
The arbitrator may not consolidate more
than one person’s claims, and may not
otherwise preside over any form of a
class or representative proceeding or
claims (such as a class action,
consolidated action or private attorney
general action) unless all relevant
parties specifically agree to do so
following initiation of the arbitration.
Severability
If any clause within these Terms of
Service (other than the Class Action
Waiver clause above) is found to be
illegal or unenforceable, that clause
will be severed from these Terms of
Service, and the remainder of these
Terms of Service will be given full
force and effect. If the Class Action
Waiver clause is found to be illegal or
unenforceable, this entire Provision
will be unenforceable and the dispute
will be decided by a court.
