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.
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.
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.
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: email@example.com.
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.
BPM Rx Property
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
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
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.
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.]
Controlling Law and Jurisdiction