THE TERMS AND CONDITIONS FOR TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY USING AND/OR REGISTERING WITH THE TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS WEBSITE (THIS SITE) YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS STATED HEREIN. IF YOU DO NOT AGREE THESE TERMS, DO NOT USE OUR WEBSITE OR PARTICIPATE WITH TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS OR ANY OF THE FITNESS OR NUTRITIONAL PROGRAMS OR COACHING PROVIDED TO YOU.
The programs, guides, and reference materials provided by this site, TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS' program are based on scientific and technical research. However, they do not constitute a medical consultation and cannot replace medical advice. Before exercising, following any nutritional plan or taking any nutritional or fitness advice , all participants should get a medical checkup or otherwise be fit for this type of activity. Please be aware that much of the communication with the website occurs exclusively over the internet, and that we are not completely familiar with any participant’s individual physical characteristics and health. Also, any information you provide may not fully reflect the state of your health. It is therefore important that all participants warm up and stretch before each workout, and use common sense while exercising. If you experience any pain, feel weak, dizzy or exhausted or become short of breath, immediately stop your workout.
YOU HEREBY AGREE TO THE FOLLOWING:
I understand that before starting any fitness routine, including any training based on information obtained via the website, all participants should consult with a doctor, and should not participate if advised not to.
I understand that material and training information found on the website may involve physical exertion, with potential varying degrees of risk to the cardiovascular and/or musculoskeletal system.
I understand that with any exercise there exists the possibility of adverse side effects, including but not limited to, fainting, abnormal blood pressure, heart arrhythmia, stroke, and rare instances of heart attack or even death.
I warrant that I know of no personal medical problems or conditions that would increase the risk of injury, illness, or harm to myself or any participants I share this site with resulting from participation in any material or training based on information available on the website.
I warrant that my use of materials and training information available on the website is strictly voluntary.
I understand that I am responsible for monitoring the condition of myself before, during, and after training based courses or training information available on the website, and I agree to immediately stop participating if I experiences unusual symptoms, issues or conditions, including but not limited to medical or health symptoms or conditions.
I fully accept all foreseeable and unforeseeable risk, and I accept all responsibility for losses or damages I may incur as a result of my use of any material, nutritional advice or training information available on the website and through participation in TEAM AIRVERT or any other program offered through Matthew Kiatipis.
IN CONSIDERATION of being permitted to use material or training information available on the website, you, for yourself, your personal representatives, heirs and next of kin, agree to the following:
I, for myself, my heirs, executors, administrators and assigns hereby release, discharge AND COVENANT NOT TO SUE, TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS and its affiliates, subsidiaries, officers, directors, employees, agents, promotion and advertising agencies, successors and assigns FOR ANY AND ALL CLAIMS, LIABILITIES, SUITS,DEMANDS, COSTS, EXPENSES AND ACTIONS OF ANY KIND WHATSOEVER WHICH I, MY HEIRS, EXECUTORS, ADMINISTRATORS OR ASSIGNS MAY HAVE ARISING FROM OR IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY PROPERTY DAMAGE, PERSONAL INJURIES, DISABILITY, DEATH OR OTHER DAMAGE SUFFERED BY ME, MY HEIRS,EXECUTORS, ADMINISTRATORS AND ASSIGNS OR ANY OTHER PARTY, WHETHER CAUSED, IN WHOLE OR IN PART, BY THE SOLE OR CONCURRENT NEGLIGENCE OR WRONGDOINGS, STRICT LIABILITY OR FAULT OF THE RELEASED PARTIES OR OTHERWISE.I warrant and represent that MY USE OF INFORMATION AVAILABLE ON THE WEBSITE, THROUGH TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS IS WHOLLY VOLUNTARY, and that I am fully aware of the inherent hazards, dangers and risks involved, including SERIOUS INJURY AND/OR DEATH. I further acknowledge that there are natural factors and occurrences which may impact on or affect the safety of any exercise program or training information and I assume the risk of such factors and occurrences.I understand and acknowledge that the Released Parties have not arranged for and do not carry insurance of any kind for my benefit or that of my heirs, executors, administrators or assigns relative to my use of material or training information available on the website. I further understand and acknowledge that I am solely responsible for obtaining and paying for any life, accident, property or other insurance relative to my courses or training information available on the website that I may desire. I warrant and represent that I: (i) am the owner of all rights granted hereunder or have been duly authorized by the owner of such rights to grant same and (ii) I am the age of majority in my state of residence. I further represent that I HAVE READ AND HAVE UNDERSTOOD ALL OF THE PROVISIONS OF THE FOREGOING RELEASE AND AGREE TO BE BOUND BY ALL OF THEM. I understand that I have given up substantial rights by agreeing to this Release and have agreed to it freely and voluntarily without any inducement, assurance or guarantee being made to me and I INTEND MY AGREEMENT TO THE TERMS TO BE A COMPLETE AND UNCONDITIONAL RELEASE of all liability to the greatest extent allowed by law.
All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Participation in TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS is subject to the Terms, as well as policies and procedures that TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS may adopt or modify from time to time. Any failure to abide by the Terms or any policies or procedures implemented by TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS, any conduct detrimental to TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS, or any misrepresentation or fraudulent activity in connection with TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS may result, in addition to any rights or remedies available to TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS in law or equity, in the termination of participation in the Program, in TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS' sole discretion. Participation in the TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS is offered at the discretion of TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS and it reserves the right to modify the Terms, Program, conditions of participation, or any other aspect of the Program, in whole or in part, at any time, with or without notice. TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS will give reasonable advance notice of any modification of the Terms hereof which may adversely impact your participation. Your continued use of TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS, following the posting of conspicuous notice of any modification, will indicate your acceptance of any modification to the Terms hereof. TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS may terminate the program at will. You should not rely upon the continued availability TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS or the website.
The Site may include various forums where you can post your ideas, content, and observations on designated topics. We cannot guarantee that other users (or other parties) will not use the ideas that you share. Therefore, if you have an idea that you would like to keep confidential and/or do not want others to use, do not post it to the Site. THESE TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS AND YOUR PARTICIPATION AND SUBMISSION HEREUNDER CAUSES YOU TO ENTER INTO A LEGAL AND BINDING AGREEMENT WITH TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS. PLEASE READ THIS VERY CAREFULLY AND MAKE SURE YOU UNDERSTAND YOUR RIGHTS AND OBLIGATIONS BEFORE SUBMITTING ANY MATERIALS. Any submission(s) you make on this Website that contain content, including artwork, audio recordings, copy, images, music, photography, text, video recordings, ideas, written materials and/or other materials ('User Content') are governed by the following license terms ('License'):
1. You hereby grant to TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS an irrevocable, nonexclusive, royalty-free perpetual license to use and exploit your User Content, in whole or in part, in any and all manner and media throughout the world; and the right to use your name, voice, image, likeness and biographical data in connection with the User Content. TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS shall be entitled to assign or sublicense all or a portion of the rights and licenses granted herein and/or this License in its entirety, without payment to you.
2. You hereby acknowledge and agree that: (a) TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS shall have the right to crop, edit, alter or arrange the User Content in any way it desires in TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS’ sole discretion; (b) TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS shall not have any obligation to provide you with any credit when using your User Content, but in the event TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS chooses to provide you with credit the size and placement of the credit shall be at TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS' sole discretion; (c) you shall waive any 'moral rights' that you may have in the User Content; and (d) you are not entitled to any compensation or other payment from TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS in connection with the User Content. You understand that TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this License and may incur substantial expense in reliance upon this grant of rights, representations, warranties and indemnities should TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS use your User Content.
You represent and warrant that: (a) You have the full power and authority to grant the License described herein and to perform all of your obligations set forth in this License; (b) you are the author of the User Content and that each and every element of the User Content is an original work created by you; (c) you are the sole and exclusive owner of the User Content and all of the trademark and copyrights therein; (d) no third party is entitled to any compensation or payment as a condition for TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS' use and exploitation of the User Content; and (e) the User Content conforms to the Acceptable Use Policy described below.
ACCEPTABLE USE POLICY
TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS here. You are solely responsible for the User Content that you post on the Site or transmit to other users and agree that you will not hold TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS responsible or liable for any User Content from other users that you access on the Site. Any User Content you provide to us should reflect your honest opinions, findings, beliefs or experience, and are within your personal knowledge. Categories of prohibited User Content below are merely examples and are not intended to be exhaustive. TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS will make the sole determination as to whether or not User Content is acceptable for the Site. Without limitation, you agree that you will not post or transmit to other users anything that contains User Content that:
is defamatory, abusive, obscene, profane or offensive;
includes photographs, depictions or references to any people other than yourself, unless you have obtained all necessary permissions from those people;
includes any material that is owned by anyone else or any company (such as video or film footage, photographs, pictures, drawings, cartoons, artwork, trademarks, visible logos, insignia, signage, slogans, phrases, written text, or other materials), unless you have obtained all required permissions from the owners;
contains material that otherwise infringes or violates another party’s right of publicity, right of privacy or intellectual property rights of any person or company;
is threatening or harassing or that promotes racism, bigotry or hatred of any kind against any group or individual or promotes or encourages actual violence against a person;
is inaccurate, false or misleading in any way, including, but not limited to, User Content that falsely impersonates any person or organization, that misrepresents an affiliation with another person or organization, or that contains slanderous, libelous, critical, disparaging or spiteful content regarding any person or company or User Content submitted by another user of the Site;
is illegal or promotes any illegal activity;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
contains any advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form of solicitation or reference to any other product, offer or website; or
does not otherwise comply with these Terms and Conditions.
TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion to review compliance with this Acceptable Use Policy. TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS will make all determinations as to what User Content is appropriate in its sole discretion. We may include, edit or remove any User Content at any time without notice. You understand that when using the Site, you will be exposed to User Content from a variety of sources, and that TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You may not use spiders, robots, data-mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site or otherwise manipulate the Site to exceed the limited authorization and access granted to you under these Terms. You may not harvest or collect e-mail addresses or other contact information of other users of the Site by electronic means.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE
The contents of the site, such as articles, text, graphics, courses, testing, information, and other material contained on site are for informational purposes only. TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS is not engaged in providing medical advice. Any information should never be used as a substitute for the advice provided by a physician or other health care provider. If you think you may have a medical emergency, call a doctor or 911 immediately. TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site. Reliance on any information provided by the site, TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS employees, others appearing on the site at the invitation of TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS, or other visitors to the website is solely at your own risk.
TERMINATION OF ACCESS.
In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the website, at any time with or without notice and with or without cause. In addition, we may refer any information related to illegal activity on the website, including your identity, to the proper authorities.
You agree to defend, indemnify and hold harmless TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS, and all of their officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms and Conditions, (ii) your use of materials or features available on the website (except to the extent a claim is based upon infringement of a third-party right by materials created by TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS) or (iii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
You should assume that all materials, research, designs, articles, courses, text and images (collectively, the 'Materials') contained in the website are either the copyrighted property of TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS unless otherwise noted, or are the copyrighted property of third parties. You may download one single hard copy of Materials displayed on the website for noncommercial, personal use only, provided however, you do not delete or change the copyright, trademark and other proprietary notices contained on the Materials. You may not modify, alter or change any Materials or distribute, publish, transmit, reuse, repost or use the content of the website for public or commercial purposes, including, without limitation, the text, images, audio and video. Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS, and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity. TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS neither warrants nor represents that TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS use of Materials displayed on the website will not infringe rights of third parties not owned by or affiliated with TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS. Nothing contained on the website should be construed as granting, by implication, any license or right to use any Trademark displayed on the website, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
LIMITATION OF LIABILITY/NO WARRANTY.
TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS makes no representations that the Materials in this website are appropriate or available for use in other countries aside from Canada. Those who do access this website from other countries are solely responsible for compliance with local laws of that country. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED 'AS IS' AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. The failure of TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS to comply with the Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS, shall not be deemed a breach of these Terms.
This website is not intended for ANYONE under the age of 12. Participants under the age of 12 are not permitted to register to use the interactive features of our website such as registering, signing up for e-mail notifications, or message boards.
THIRD PARTY LINKS.
This website may link to other sites not maintained by or related to TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this website or with the products and services of TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS. TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS has not reviewed all of the sites linked to the website and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk. TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of TEAM AIRVERT, MK FITNESS and MATTHEW KIATIPIS.