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Terms and Conditions
Exercise in a
gym / fitness class can be an inherently strenuous activity and no training class is without risk. N.Y. Strength insist that
anyone beginning a fitness program consult with a physician regarding their physical capability to participate in a training
class and must strictly follow their physician’s advice. Always have a certified fitness trainer guide you in your program
for safety and effectiveness.
Consult your physician before beginning
any exercise or nutrition program
IMPORTANT DISCLAIMER
NO WARRANTY OR GUARANTY (EXPRESS, IMPLIED, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE) IS MADE AS TO THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION OR CONTENT
CONTAINED ON WWW.NYSTRENGTH.COM or WWW.CENTERFORSTRENGTH.COM (THE “SITE”). NOTWITHSTANDING THE MEDICAL OR PHYSICAL
CONDITION OF EACH USER OF THE SITE, ALL RESPONSIBILITY AND LIABILITY IS HEREBY DISCLAIMED FOR ANY LOSS OR DAMAGE SUFFERED
BY ANY PERSON AS A RESULT OF THE USE OR MISUSE OF ANY OF THE INFORMATION OR CONTENT OF THE SITE OR THE RELIANCE ON THE INFORMATION
PROVIDED IN THE SITE, AND ANY AND ALL LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES IS HEREBY EXPRESSLY EXCLUDED. NOT
ALL OF THE EXERCISES OR NUTRITIONAL RECOMMENDATIONS ARE SUITABLE TO EVERYONE. TO REDUCE THE RISK OF INJURY, ALL PERSONS SHOULD
CONSULT HIS OR HER DOCTOR BEFORE BEGINNING AN EXERCISE PROGRAM. THE INSTRUCTION AND ADVICE PRESENTED IN THE SITE ARE IN NO
WAY INTENDED AS A SUBSTITUTE FOR MEDICAL CARE OR COUNSELING.
This website is offered to promote the services
of New york Strength Inc, and its divisions only. This website is NOT intended in any way to promote Dr. Jack Barnathan Chiropractor,
P.C, as a Doctor of Chiropractic. New York Strength Inc., is a seperate and distinct consulting and education corporation.
If you would like information on Chiropractic as a career or to find a Doctor of Chirpractic, we encourage you to contact
New York Chiropractic College at nycc.edu. All information contined in this website is Copyright 2008 to Dr. Jack Barnathan,
all rights reserved. No material contained in any of these web pages may be reproduced or reprinted without the express permission
of Dr. Jack Barnathan.
New York Strength™, The Center For Strength and Performance™, The Fitness Professionals
International™, SpaFitness™, Muscle, Mind & More™, Project Infinite Endurance™,Precision Cuisine™
and the American Society of Fitness Physicians™ are Copyright 2006 and the exclusive property of Dr. Jack Barnathan.
Exercise in a gym / fitness class can be an inherently strenuous activity and no training class is without risk. N.Y.
Strength insist that anyone beginning a fitness program consult with a physician regarding their physical capability to participate
in a training class and must strictly follow their physician’s advice. Always have a certified fitness trainer guide
you in your program for safety and effectiveness.
[1] Use of this Website
This website is owned by NY Strength Inc. (hereinafter
the “Site Owner”), and is operated for your personal use and information. Your use of this website is subject
to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or
qualification, these terms. If you do not agree with any of the terms, please do not use this website. You are responsible
to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through
which you access or view the site or such material.
[2] Copyright and Trademark
Material on this website,
including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided
by the Site Owner, and the Site Owner does not represent or warrant that such material does not infringe the rights of any
other person or entity. The material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted,
distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio, video or executable,
without the prior written consent of the Site Owner. Trademarks, logos and service marks (collectively, “Marks”)
displayed on this website are registered or unregistered Marks of the Site Owner or others, are the property of their respective
owners, and may not be used without written permission of the owner of such Marks.
[3] Exclusion of Warranties
The Site Owner makes no representation or warranty regarding the functionality, the good working order of the functionality
of the website, or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free.
ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. SITE OWNER
AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The information and materials
on this website are not intended to provide specific technical, financial, tax, legal, business, accounting or other advice
for your individual circumstances, and you should consult your own professional advisors to determine how any information
or materials provided on this website apply to your individual circumstances. These exclusions are in addition to any specific
exclusions otherwise provided in these terms and conditions. To the extent that the jurisdiction to which you are subject
does not allow exclusion of certain warranties, such exclusions which are not permitted do not apply.
[4] Limitation
of Liability
NEITHER SITE OWNER NOR ITS LICENSORS WILL BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY,
TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS,
OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. Your sole and exclusive remedy is to discontinue
using and accessing this website. To the extent that the jurisdiction to which you are subject does not allow any part of
such limitation, such part does not apply.
[5] Confidentiality of the information transmitted
You acknowledge
that information or material which you provide electronically through your access to or usage of this website is not confidential
or proprietary, except as may be required under applicable law, and acknowledge that unprotected e-mail communication over
the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material
which you provide electronically to the Site Owner by accessing or using this website does not infringe the rights of any
other person or entity, that the Site Owner may use that information or material, in whole or in part by any means whatsoever,
including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained
therewith for the commercial purposes of the Site Owner or the disclosure of your identity.
[6] Surveillance
The Site Owner may monitor the access to its website and other activities in relation to its website and may intervene
in this regard. However, the Site Owner makes no representation and gives no warranty to that effect. You consent to such
surveillance and intervention, if the Site Owner ever decides to do it.
[7] Links
Links and references
to other websites are provided to you as a convenience only. The Site Owner has not reviewed and does not expressly or implicitly
endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any
responsibility for any such other websites, information or material posted thereon, or products or services offered thereon.
You may not create links from other websites to this website, except if expressly permitted by the Site Owner.
[8]
Accuracy of the Information
While the Site Owner may update the information or materials on this website from time
to time, no assurance is given that information or material on this website is up-to-date, accurate, error-free or complete.
[9] Damage to Others
You agree not to introduce into or through this website any information or materials
which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect
in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred
or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
[10] Reserve
of Rights
All rights not expressly granted in these terms are reserved to the Site Owner. Nothing contained in
these terms shall be construed as conferring by implication or otherwise any license or right under any copyright, patent,
trademark or other intellectual right of Site Owner or any other person or entity.
[11] Changes to Terms
The Site Owner may modify, alter or otherwise update the terms applicable to this website from time to time without notice,
and you agree to be bound by such terms as are in effect at the time at which you access the Site Owner website.
[12] Cookies
Cookies are small data files transferred to your browser by a web site. They keep a record of your
preferences making your subsequent visits to the site more efficient. The use of cookies is a common practice adopted by most
major sites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to
refuse; see your browser’s help files for details. Without cookies, some of the web site’s functions will not
be available, and the user will lose some of the benefits of the site.
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