TERMS & CONDITIONS
By using the Alpha TrainerTM app, website, content, or any of the services (collectively “Service” or “Services”) brought to you by Nido Labs, Inc. (“Nido Labs”, “We”, “Our”, “Us“, or the “Company”), you understand and accept all of the terms and conditions below (“Terms & Conditions”). These Terms & Conditions also apply to any information, text, graphics, or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as “Content”), whether generated by the Company, a third party, or individual or corporate user. If you do not agree to all of the Terms & Conditions of this agreement, then you may not access the app, website, content, or any of the Services.
The information provided in the Services are not medical guidelines, nor are they intended to be a diagnosis or prescription; instead, the information is strictly for educational purposes only. You must consult your physician prior to starting any exercise or exercise program or if you have any medical condition or injury that contraindicates physical activity. All forms of exercise pose some inherent risks (such as serious injury to self or others, damage to property, and even death), so you agree that you are fully responsible for your own safety, and the Company is in no way responsible for anything negative that comes about from the use of the Services. We strongly recommend that you always have a partner when you exercise, especially when you are performing exercises with weights, to assist you in case you cannot handle the weights or you experience some kind of emergency, injury, or equipment malfunction. Discontinue any exercise that causes you pain or severe discomfort and consult a medical expert.
- You must be at least 18 years old to use the Services.
- You must not abuse, harass, threaten, bully, proposition, impersonate, or intimidate other users of the Services.
- If you create an account using Our Service, you are solely responsible for maintaining the security of your account, including your password, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify the Company of any unauthorized uses of your account or any other breaches of security. The Company will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, etc. that you submit, post, send, and display on the Services.
- You may not use the Services for any illegal, unethical, annoying, or unauthorized purposes, including money laundering, “muling”, and “gold farming”, and you must comply with all local, state, national, and international laws regarding the use of the Services and Content.
- You must not copy, create a derivative work of, reverse engineer, or hack the Services, nor modify another web site, app, property, or any service to falsely imply that it is associated with the Company. In addition, you must not upload, post, email, transmit, forward, provide links to, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation to any of the Company’s users.
- You must not upload, post, email, transmit, forward, provide links to, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
- You must not upload, post, email, transmit, forward, provide links to, store or otherwise make available any material that infringes copyrighted material or promotes the violation of the intellectual property rights of others, including but not limited to trademark, copyright, and patent violations.
- You must not impersonate any person or entity, including Company officials, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You must not upload, post, email, transmit, forward, provide links to, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services.
- You must not interfere with or disrupt the Company or servers or networks connected to the Company, such as the transmission of worms, viruses, or any code of a destructive nature.
RIGHTS, RESPONSIBILITIES, & OBLIGATIONS
- We reserve the right to remove, modify any part of, or delete any account or stop anyone’s access to the Services at any time at Our sole discretion, with or without reason or cause.
- Violation of any terms of this agreement may result in the termination of your account and access to the Services at Our sole discretion. Determination of whether a violation has occurred will also be made at Our sole discretion.
- We reserve the rights to modify or terminate Our Services and to change or modify these Terms & Conditions at any time for any reason, with or without notice, in Our sole discretion. The method we will use to modify or change Our Terms & Conditions is to post the changed Terms & Conditions on Our website, app, or Services (or such other URL or property that we may provide from time to time). Your continued use of any part of the Services following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. What constitutes a “material change” will be determined at Our sole discretion, in good faith and using common sense and reasonable judgment.
- We reserve the right but do not have the obligation to remove any Content or accounts containing, originating, propagating, or affiliated with Content that we determine at Our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
- We reserve the right to use, retain, or publish information collected from you on an aggregate level; for example, we may publish Our percentage of male and female users, of which you would obviously be included in calculating the percentages.
- You agree to indemnify, defend and hold harmless the Company, its employees, officers and directors, or users from and against any and all claims, liabilities, penalties, settlements, judgments and fees arising from (i) any Content that you or anyone using your account may submit or access in the course of using the Services; (ii) your use of, or inability to use the Services; (iii) your violation of the Terms & Conditions; and (iv) any violation or failure by you to comply with all laws and regulations in connection with your use of the Services.
INTELLECTUAL PROPERTY RIGHTS
- You retain your rights to any Content you submit, post or create on or through the Services. You are responsible for your use of the Services, for any content, materials, or information you provide, write, or send, and for any consequences thereof. You agree that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which the Company may suffer) by doing so.
- You understand and agree that all information contained within the Services and all data and information compiled by the Company associated with the Services which you may have access to as part of, or through your use of, the Services is considered Content of the Company. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically authorized to do so by the Company in a separate written agreement signed by an authorized representative. You agree that all rights, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of the Company and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms & Conditions gives you a right to use the Company name or any of the Company trademarks, logos, domain names, and other distinctive brand features.
- Nido Labs respects and upholds intellectual property rights, whether it’s Ours or anyone else’s. If you find any material located within the Services or connected or affiliated with the Services, please notify us. We will investigate all such notices and will take the necessary steps necessary to fix the problem, including removing the infringing materials, disabling infringing links, and terminating infringing accounts. In cases of such termination, the Company will have no obligation to provide a refund of any amounts previously paid to the Company.
- These Terms & Conditions do not transfer from the Company to you any of the Company’s or third party’s intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Company. Any of the logos, trademarks, patents, service marks, graphics, and other intellectual property used in connection with the Services are the property of the Company or its licensors. In addition, other intellectual property used in connection with the Services may be the property of other third parties. Your use of the Services does not grant you any right or license to reproduce or otherwise use any of the Company or third-party intellectual properties.
MEDICAL AGREEMENT & DISCLAIMERS
The fitness, nutrition, and related information and recommendations provided by the Company are for educational purposes only and are not intended as substitutes for medical advice from your health care provider. The Company is not a medical organization. We encourage and advise you to seek professional medical advice before beginning any fitness or nutrition effort or program. Do not start a diet or fitness routine with us if your health care provider advises against it. We cannot provide you with medical advice or diagnosis. Nothing that you may read in the Services or that is otherwise provided to you by Our staff should be construed as such advice or diagnosis. Such information is not a substitute for physician consultation, evaluation, or treatment. This site is intended for use only by healthy adult individuals.
To use this Services, you must either have your physician’s specific approval to use the Services OR all of the following statements must be true:
- No physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician.
- You have never felt chest pain when engaging in physical activity, AND you have not experienced chest pain when not engaged in physical activity at any time within the past month.
- You have never lost your balance because of dizziness and you have never lost consciousness.
- You do not have a bone or joint problem that could be made worse by a change in your physical activity.
- Your physician is not currently prescribing drugs for your blood pressure or heart condition
- You do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems.
- You do not know of any other reason you should not exercise.
- Also, only if you are a woman, you must NOT be pregnant, breastfeeding, or lactating.
You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the Services will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition. We reserve the right to terminate your account or prevent you from using the Services if we determine that you have certain medical conditions or you are a high-risk individual.
PAYMENTS, REFUNDS & CANCELLATIONS
Certain Services that the Company provides may require you to make a purchase to use the Services, whether it be a one-time purchase, a subscription, or other charge (“Purchases”). ALL SALES AND PURCHASES ARE FINAL, PAYABLE IN ADVANCE, AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. You may cancel your Purchases or subscriptions at any time, but the Company will NOT refund or prorate any part of your Purchases that you have already paid. Please keep this in mind before you make any purchases.
- Disclaimer of Warranties. The Services are provided “as is”. The Company and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Company nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain Content or services through, the Services at your own discretion and risk.
- Limitation of Liabilities. In no event will the Company, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to the Company under this agreement during the twelve (12) month period prior to the cause of action. The Company shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.