Legal Notice and Terms and Conditions of Use
Please Read Carefully Before Using This Website
This website and the materials and information contained on it (“Contents”) are provided by New Dawn Exercise Therapy (“New Dawn,” “We” or “Us”) for informational purposes only. By using this website or downloading or copying materials from this website, you agree to follow the terms and conditions of this Notice. If you do not agree to follow these terms and conditions do not use this website or download or copy materials or information from this website.
Use of Services by Clients
When participating in any exercise program, you have a potential risk of physical injury. You agree that if you engage in any physical exercise or activity (including personal training) with New Dawn Exercise Therapy, you assume all risk of injury to yourself. You are responsible for ensuring that you are capable of safely exercising and participating in all fitness and wellness activities provided by Us. You should consult a physician before beginning a new fitness/exercise program. You agree to see a medical professional if you have any reason to be concerned about a medical condition which could be negatively affected by physical activity. While New Dawn Exercise Therapy will provide instruction, guidelines and demonstrations (including written descriptions and video demonstrations) of how to perform specific exercises or activities, you assume sole responsibility for performing these exercises or activities with proper form, as risk of injury or illness increases with improper form.
Privacy
To review the Privacy Policy for this website, please click the Privacy Policy link on our home page. Any contrary term of the Privacy Policy notwithstanding, you should have no expectation of privacy in terms of your usage of the Internet at New Dawn Exercise Therapy (i.e., this does not relate to confidential information you may disclose and designate as such to your Coach as part of applicable Coaching services through New Dawn Exercise Therapy). If you transmit your personal information via New Dawn’s website, New Dawn Exercise Therapy does not guaranty the security or confidentiality of your transmission.
Copyright/Trademark
The Contents and the collection, arrangement and assembly of the Contents are the exclusive property of New Dawn Exercise Therapy and are protected by international and United States copyright laws. New Dawn Exercise Therapy, New Dawn, and similar names mentioned or shown at this website are registered trademarks, trademarks or service marks of New Dawn Exercise Therapy in the United States and other countries. New Dawn Exercise Therapy trademarks or service marks may not be used in connection with any product or service that is not a New Dawn Exercise Therapy product or service, in any manner that is likely to cause confusion among customers, or in any manner that refers to New Dawn Exercise Therapy in a negative way. New Dawn Exercise Therapy acknowledges the rights of third parties whose trademarks or registered trademarks are referenced at this website.
Limited Use
Subject to the terms and conditions of this Notice, New Dawn Exercise Therapy grants you a non-exclusive, non-transferable, limited license to access, display and use this website and its Contents. New Dawn Exercise Therapy authorizes you to view and download the Contents for your personal, informational, non-commercial purposes only. The Contents may not be modified or reposted to other sites without our express written permission. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, New Dawn Exercise Therapy does not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secret information.
Submission of Comments/Use of Discussion Features of the Website
New Dawn Exercise Therapy does not want and you should not send any information or materials via this website that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that contain or incorporate the proprietary material of another. Any information that you provide of a confidential personal nature will be handled in accordance with the Privacy Policy set forth in this website.
This website may contain features that allow you to post information or engage in communications with other users. You should not use such features to post, transmit, display or otherwise communicate: (i) any defamatory, threatening, obscene, harassing, or otherwise unlawful information; or (ii) any advertisement, spam, chain letter or other similar type information.
Disclaimer
The Contents are provided “As Is” without warranties of any kind either express or implied and NEW DAWN EXERCISE THERAPY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose to the fullest extent permissible under applicable law. The Contents may contain inaccuracies and typographical errors and New Dawn Exercise Therapy does not warrant the accuracy, comPleteness or timeliness of the Contents or the reliability of any advice, opinion, statement or information displayed or distributed through this Website. You acknowledge that any reliance on the Contents or any portion thereof shall be at your sole risk.
Third-Party Sites
This website may contain links to websites operated by entities other than New Dawn Exercise Therapy. If you use these links you will leave this website. Conversely, websites operated by entities other than New Dawn Exercise Therapy may contain links to this website. The linked and linking sites are not under the control of New Dawn Exercise Therapy and New Dawn Exercise Therapy is not responsible for the contents of any linked or linking site or any link contained in a linked or linking site or any changes or updates to such sites. New Dawn Exercise Therapy provides/allows such links as a convenience only and the existence of any link does not mean that New Dawn Exercise Therapy endorses, supports or accepts any responsibility for the content or use of such sites. You are solely responsible for the results and consequences of your use of such links. If you visit any linked site, you agree to take all protective measures to guard against viruses or other destructive elements. New Dawn Exercise Therapy reserves the right to discontinue any linked site at any time without prior notice. Please contact the web master or host of any linked site concerning any information, goods and/or services appearing thereon.
Rules Regarding Third-Party Linking to This Website (“Rules”)
1. No person may link to this website without written consent of New Dawn Exercise Therapy, and execution of a copy of these Rules and registration with New Dawn Exercise Therapy.
2. Third-party links to this website shall use only the term “New Dawn Exercise Therapy” (“Text Link”) to create such links. By displaying the Text Link, whether or not you have executed a copy of these Rules, you agree to be bound by these Rules.
3. You shall not use any New Dawn Exercise Therapy logo, trademark, service mark or other similar feature in the creation of any link to this website without our prior written permission.
4. You shall only use the Text Link on your website and not in any other manner. It must always be an active link to the home page of this website at http://www.newdawnexercisetherapy.com or such other universal resource locator as New Dawn Exercise Therapy may designate.
5. You shall not create any direct link to any secondary or sub-page of this website. A link to this website shall not conceal or alter any portion of this website.
6. You shall only use the Text Link on web pages that make accurate references to New Dawn Exercise Therapy and its products and services. You must display the Text Link adjacent to any New Dawn Exercise Therapy reference or at the bottom of the same page. Your web page title and other trademarks and logos must appear at least as prominent as the Text Link. You shall not display the Text Link in any manner that: (i) implies sponsorship, endorsement, or license by New Dawn Exercise Therapy; or (ii) conceals, disguises or creates confusion about the identity of New Dawn Exercise Therapy as the source of the linked website.
7. You shall not present, portray or use information from any source other than New Dawn Exercise Therapy in a manner which creates the appearance that New Dawn Exercise Therapy is the source of such information.
8. You shall not use this website to create a link directly to a third-party website without the written consent of New Dawn Exercise Therapy and the owner of the third-party website.
9. You shall not use the Text Link as a feature or design element of any other logo, trade mark, service mark, or other similar feature.
10. You shall display the Text Link in a font size at least as large as all surrounding text and you shall not modify or distort the Text Link in any manner.
11. You shall not use the Text Link on any Web site that refers to New Dawn Exercise Therapy or its products or services in a negative manner, infringes any New Dawn Exercise Therapy intellectual property or other rights, or violates any applicable law.
12. You shall defend, indemnify and hold New Dawn Exercise Therapy harmless against any claims, liability, damages, and costs suffered by New Dawn Exercise Therapy as a result of your violation of these Rules.
13. These Rules do not grant a license or any other right in any New Dawn Exercise Therapy logo or trademark. New Dawn Exercise Therapy reserves the right in its sole discretion to terminate or modify permission to use the Text Link at any time. New Dawn Exercise Therapy reserves the right to take action against any use that does not conform to these Rules, infringes any New Dawn Exercise Therapy intellectual property or other right, or violates other applicable law.
14. New Dawn EXERCISE THERAPY DISCLAIMS ANY WARRANTIES THAT MAY BE EXPRESS OR IMPLIED BY LAW REGARDING THE TEXT LINK, INCLUDING WARRANTIES AGAINST INFRINGEMENT.
If you wish to create a link to this website and agree to be bound by these Rules, you can acknowledge your consent by contacting New Dawn Exercise Therapy on the Contact page of this website.
Limitation of Damages
In no event shall New Dawn EXERCISE THERAPY or any of its MEMBERS, subsidiaries SUCESSORS OR ASSIGNS be liable for any direct, indirect, special, consequential, incidental or other damages that are in any way related to the use or the inability to use, the content, materials, and functions of this Website or any linked or linking site, even if New Dawn EXERCISE THERAPY is expressly advised of the possibility of such damages.
International Users/Choice of Law/Jurisdiction
This website is controlled, operated and administered by New Dawn Exercise Therapy from its offices in Michigan. New Dawn Exercise Therapy makes no representation that the Contents are appropriate or available for use at other locations and access to them from jurisdictions where the Contents are illegal is prohibited. You shall not import, export or use the Contents in violation of any applicable laws. In accessing this website you are solely responsible for compliance with all applicable local laws. These terms and conditions shall be governed by the laws of the State of Michigan, without giving effect to its conflict of laws provisions. Through publication of this website, New Dawn Exercise Therapy does not intend to submit to the jurisdiction of any court outside the State of Michigan and venue for any dispute arising out of the contents or use of this website shall be in State or Federal court in the State of Michigan for Macomb County.
© 2022, New Dawn Exercise Therapy