Please carefully read the following terms and conditions governing your use of this website located at www.elphmansystem.com. Using and/or visiting this site constitutes your agreement to be bound by and act in accordance with, this terms and conditions, and all applicable local and international laws and regulations. We reserve the right to change the Agreement at any time. Please review these terms frequently as your continued use of this site means you have accepted such changes. If you do not agree with these terms, you are not authorized to use this site.
1. ACCEPTANCE OF TERMS AND CONDITIONS:
To become a member of you must complete the registration process and agree to the following Term and conditions. You indicate your consent to be bound by this agreement and the Term and conditions by clicking ‘I Agree’. You may never use another individuals account without permission. If and when you decide to create your account, you agree to: (a) provide accurate, current, and complete information; (b) maintain and update your information about yourself; and (c) comply with the Terms and Conditions. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership and/or access to the site.
2. OWNERSHIP RIGHTS & USE OF SITE MATERIALS
You acknowledge and agree that all trademarks and service marks *whether registered or unregistered), logos, copyrighted material and other content and materials displayed on or used in connection with the Site are the sole and exclusive property of, and are owned and controlled by Elphman System, its affiliates, business partners and/or their respective licensors, content providers, contractors and/or other third parties. Nothing on this site shall be construed as granting, expressly by implication or otherwise, any license or right to use any Site Materials without Elphman System prior written permission in each instance. LRMR reserves all rights in and to the Site and the Site Materials. You may not (a) modify the Site Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use any Site Materials for any public or commercial purpose; or (b) remove, obscure or otherwise deface proprietary notices appearing on the Site or any Site Materials, including copyright, trademark or other intellectual property notices.
3. AGE OF USERS
In accordance with the Children’s Online Privacy Protection Act of 1998, children under the age of 13 may not use the Site, and parents or legal guardians may not agree to this User Agreement on their behalf. If you are a parent or legal guardian agreeing to this User Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Site, including all financial charges and legal liability that he or she may incur.
4. USER INTERACTION
The opinions expressed by users and/or visitors of the Site are not necessarily those of Elphman System or any entities thereof. All statements, advice, opinions expressed, and content provided by Site Users are those of such Site Users only, and we neither endorse nor shall be held responsible for such postings for any reason whatsoever, including but not limited to their reliability or accuracy. Under no circumstances will we be liable for any loss or damage caused by your reliance on information or materials obtained through the content and/or any postings or comments through the Site. Site Users are encouraged to use discretion when communicating with others and/or disclosing Personal Information online. Elphman System is not involved in, a party to, or responsible for any communications, correspondence, interactions or transactions, whether verbal or written and whether electronic or otherwise between you and any other Site Users, or any disputes arising therefrom. You hereby irrevocably release Elphman System and/or any of their affiliates and third party services providers, and all their respective directors, officers, employees, owners, members, shareholders, partners, licensors, representatives and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Interactions or disputes between you and any other Site User.
5. PROHIBITED ACTIVITIES
You may not submit, post, upload or transmit any material or content on or through the Site that:
- violates or infringes in any way upon the rights of others;
- solicits, encourages, or promotes the use of illegal substances or activities;
-is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
- is protected by copyright, trademark, trade secret or any other proprietary right, (unless you have secured all rights necessary to grant the rights granted hereunder);
- expresses or implies that any statements made by you are endorsed by Elphman System;
- gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state or federal law; or
- contains nudity, obscene gestures, obscene language, advertising for products, commercial solicitations, services or websites and/or contact information (i.e. phone numbers, addresses, URLs or email addresses), political campaign letters, chain letters, mass mailings, spam, software or other materials that contain harmful or disruptive components (e.g. viruses, worms, time bombs, Trojan horses).
6. ACCURACY OF INFORMATION
Elphman System takes all possible steps to ensure the accuracy of the information included in this Site. However, Elphman System takes no responsibility for errors or omissions in the content of this Site. Information provided on this Site is subject to change at any time without prior notice.
7. MONITORING & REMOVAL OF CONTENT
We have the right, but not the obligation, to monitor the content and use of the Site to determine compliance with this User Agreement and any other operating rules established by us, or for any other reason or purpose. We reserve the right, in our sole discretion, to edit, refuse to post, or remove any content or materials submitted to or posted on the Site, for any reason, including if we find such material to be in violation of this Terms and Conditions or otherwise objectionable or inaccurate. We also reserve the right, in our sole discretion, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, our Site Users; to comply with legal obligations or governmental requests; or for any other reason or purpose.
8. LIMITATION ON LIABILITY
IN NO EVENT SHALL ELPHMAN SYSTEM AND/OR THEIR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, MEMBERS, SHAREHOLDERS, PARTNERS, LICENSORS, REPRESENTATIVES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY CAUSE OR FOR ANY REASON, INCLUDING BUT NOT LIMITED TO (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR OF ANY CONTENT POSTED, EMAILED, SUBMITTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LRMR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ELPHMAN SYSTEM PARTIES SHALL NOT BE LIABLE FOR USER COMMUNICATIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify, and hold harmless Elphman System and/or their affiliates and third party service providers, and their respective directors, officers, employees, owners, members, shareholders, partners, licensors representatives and agents, from and against all claims, demands, damages, losses, costs and expenses, including reasonable attorney’s fees, arising out of (a) your breach of this Terms and Conditions; and/or (b) your use of, or access and/or activities in connection with, the Site, any Site Materials and/or any services related to the Site; (c) any content (including, without limitation any User Communications) you submit, post, transmit, upload, modify or otherwise make available through the Site, or your violation of any rights of any third party, including, without limitation, any copyright, property or privacy right; (d) any claim that the User Communications you submitted, transmitted or uploaded caused damage to a third party; and (e) communications and disputes between you and any other Site User or third party. We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.
Your only right and/or remedy with respect to any dissatisfaction with (a) this Term and Condition; (b) any content available through the Site or any change therein, is to stop visiting and using the Site. We may terminate your use of the Site, including your membership in the Site, at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be affected without prior notice, and that we may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
You acknowledge and agree that this User Agreement constitutes the agreement between you and Elphman System with respect to the use of the Site. BY USING THE SITE, YOU AFFIRM THAT YOU ARE EITHER MORE THAN 18 YEARS OF AGE, OR AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND ARE FULLY ABLE AND COMPETENT TO ACCEPT AND BE BOUND BY THIS USER AGREEMENT, AND THE CONDITIONS, OBLIGATIONS, AFFIRMATIONS AND WARRANTIES SET FORTH IN THIS USER AGREEMENT AND WILL ABIDE BY AND COMPLY WITH THIS USER AGREEMENT.
12. NO WAIVER
The failure on the part of Elphman System to enforce any part of this User Agreement shall not constitute a waiver of any of Elphman Systems rights hereunder for past or future actions.
Reference herein to any specific commercial product, entity, service process, trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by Elphman System Parties. The views and opinions expressed on the Site do not necessarily state or reflect those of Elphman System Parties.
WARNING: Before starting a training or nutritional program you should:
Consult a medical doctor about your physical condition and what training program and diet are suitable for you. Starting a program without a prior consultation with a medical doctor could lead to severe health problems.
RISK: All training programs and diets involve risks to the physical and mental health of participants. Immediate medical consultation is recommended if any symptoms develop during a training or diet program.
Not intended for minors. The training and diet programs provided by Elphman System are recommended for use by adults and not minors.
Due to factors outside its control, Elphman System does not guarantee uninterrupted, error free or secure access to the website.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.