BPM Rx Exercise Handouts

Blog – Exercise and Medical Disclaimer

BPM Rx, Inc. encourages you to consult with a physician before starting any workout or exercise program of any kind.  The content of this website is for educational and entertainment purposes only and should not be considered a substitute for a medical doctor’s advice.

The workouts and specific exercises demonstrated on this blog should not be interpreted as a recommendation for a specific fitness regimen or product. Prior to beginning any exercise routine, please speak with a licensed health professional for specific exercise guidelines, prescription, and precautions.  Exercise has its risks, and the activities demonstrated on this website or any other exercise program may result in injury. These risks include, but are not limited to: musculoskeletal injury, such as sprain, strain or fracture, or cardiovascular event such as fainting, abnormal blood pressure, irregular heart rhythm, or even heart attack. Please seek immediate medical care if you believe you may be ill or injured.

You acknowledge that your use of this website is at your own risk, including any and all risks associated with the workouts or exercises described in the blog. Likewise, you acknowledge that there are inherent risks of injury with any physical activity, and you hereby release BPM Rx, Inc. and its employees, directors, and officers from any and all liability arising as a result of your use of the website, blog, or any content within it, including, without limitation, any physical injury, illness or death.

Website and Exercise Library Terms of Use

These Terms of Use govern your access to and use of BPM Rx, Inc.’s website (the “Site”), any information, text, graphics, or other materials appearing on the Site (the “Content”), and any services provided through the Site (the “Services”). Your access to and use of the Site, Content, and/or Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site, Content, or Services, you agree to be bound by these Terms of Use.

By using this Site, its Content and Services you hereby acknowledge your understanding that they are not a prescription system and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury or death. Many of these exercises are quite difficult and must be taught by experienced instructors. Do not select any exercises that you are not comfortable safely teaching. Always assess an individual’s appropriateness for exercise, including health status, prior experience, and any necessary input from his or her physician.

Subscription Service

This Web Service (the “Services”) requires payment of a subscription fee for use. The payment terms are based on a subscription service using a recurring billing schedule. The copyright owner and licensor or the web services that you access though this site is BPM Rx. Inc., an Oregon corporation with with mailing address: P.0. Box 2365, Portland, Oregon 97208 (“BPM Rx”). This Web Service Subscription Agreement License is a binding legal agreement between the individual or the corporation accessing the service (“You”) and BPM Rx.

Reservation of Rights

BPM Rx reserves the right to refuse registration or membership at our discretion.

Membership Term and Automatic Renewal

The initial membership term is 1 month. Upon expiration of the initial membership term, the subscription will automatically renew for the agreed upon price, for the following month. Current subscription prices are posted to the website sign-up page; any change to the subscription price for the next membership term will be emailed to the address provided by you, the User. Members are financially responsible for all associated fees until notice of cancellation is received by BPM Rx, Inc.

Cancellation

After the initial membership term ends, the subscription will automatically renew. Membership will renew on the day after the initial membership ends. Members are entitled to permanently cancel these renewals at any time. However, cancellation will not become effective until the end of the membership period in which cancellation takes place. BPM Rx, Inc. will not provide prorated or retroactive refunds. A user may cancel his/her membership by emailing: cancel@bpmrx.com.

Modification of Terms of Use

You acknowledge and agree that BPM Rx, Inc. may revise these Terms of Use from time to time. By continuing to access or use the Site, Content, or Services after BPM Rx, Inc. makes any such revision, you agree to be bound by the revised Terms of Use.

Guard Your Password

You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify BPM Rx, Inc of any unauthorized use of your password.

Your Access to and Use of the Content

A single subscription entitles you to access the Services from one server at one site or facility (e.g. single clinic/gym) and to the generation of 100 exercise handouts (“PDFs”) per day. If you exceed the creation of 100 PDFs per day, access may be blocked until you upgrade to two accounts, or however many are necessary to keep per-account use to 100 PDFs or less.

A subscription entitles you to access the Services and to generate PDFs for use in the performance of professional services. You may not use the content of the Site, Content or Services in any other way, including but not limited to the resale or redistribution of the content of the Site, Content or Services without prior authorization from BPM Rx, except as expressly permitted in these Terms of Use.

BPM Rx Property

All right, title, and interest in and to the Site, Content, and Services are and will remain the exclusive property of BPM Rx and its licensors. The Site, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content, or Services. You may not copy or modify the HTML code used to generate web pages on the Site. You may not use the Site, Content, or Services on or in connection with any other website, for any purpose. Use of the images found in BPM Rx.com is intended for the creation of exercise handouts. Any other use of these images is a violation of copyright. Please contact BPM Rx for the licensing of images for other uses.

General Prohibitions

You agree not to do any of the following while using the Site, Content or Services:

  • Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • Access, tamper with, or use non-public areas of the Site, BPM Rx’s computer systems, or the technical delivery systems of BPM Rx’s providers;
  • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  • Attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by BPM Rx or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
  • Send unsolicited email, junk mail, “spam”, or chain letters, or promotions or advertisements for products or services;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content or Services to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, or Services;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
  • Impersonate or misrepresent your affiliation with any person or entity./li>
  • Make illegal use of the Site, Content or Services or use it for purposes which are illegal;
  • Redistribute or resell the content of the Site, Content or Services in any way without prior authorization from BPM Rx;
  • Interfere with anyone else who is a user of the Services in their use of any BPM Rx product

BPM Rx will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. BPM Rx may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that BPM Rx has no obligation to monitor your access to or use of the Site, Content, and Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that BPM Rx is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BPM Rx of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Modification and Termination

If you violate any of these Terms of Use, your permission to use the Site, Content, and Services will automatically terminate. BPM Rx, Inc. reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, BPMRx.com (or any part thereof), with or without notice to you. You acknowledge and agree that BPM Rx, Inc. shall not be liable to you or to any third-party for any modification, suspension or discontinuance of BPMRx.com or its services. You further acknowledge and agree that BPM Rx, Inc., in its sole discretion and at any time without notice to you, may terminate your use of BPMRx.com or its services, including without limitation, your password and account.

Use of the Site at Your Own Risk

Your access to and use of the Site, Content, and Services is at your own risk. BPM Rx will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Content, or Services. The Site is Available “AS-IS” THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BPM RX EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

BPM RX MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BPM RX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BPM Rx OR THROUGH THE SITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold harmless BPM Rx, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Content, or Services, or your violation of these Terms of Use. The indemnification includes all costs and attorney fees incurred by the BPM Rx in the investigation and defense of any claim enumerated in paragraphs preceding prior to a determination of an exact date of an occurrence and/or incident and/or violation upon which such alleged claims may be based. Acceptance of the terms of these Website Terms of Use agreement confirms that You have agreed to be bound by the terms of the Indemnification and Hold Harmless Agreement and are contractually bound to indemnify the BPM Rx and its agents, directors, officers, employees and the individuals named in paragraphs preceding, and such obligation includes the responsibility to pay any and all costs and attorney’s fees which may be incurred by you in defending its agents, directors, officers, employees and individuals named in the paragraphs preceding.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BPM RX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT, OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BPM RX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT BPM Rx IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, BPM RX WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF BPM RX TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO BPM RX FOR ACCESS TO AND USE OF THE SITE, CONTENT, OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BPM RX AND YOU.

[SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.]

Severability

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

Waiver

The failure of BPM Rx to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of Oregon without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Portland, Oregon, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use are the entire and exclusive agreement between BPM Rx and you regarding the Site, Content, and Services, and these Terms of Use supersede and replace any prior agreements between BPM Rx and you regarding the Site, Content, and Services.

If you have any questions about these Terms of Use, please contact BPM Rx at info@BPM Rx.com.