Professional Advice and Medical Disclaimer 2016-04-07T12:27:55+00:00

RECENTLY REVISED

Last Revised: April, 2016

Thank you for visiting a Heatrick Limited web site, including heatrick.com, fit.heatrick.com, heatrick.customerhub.net and vh206.infusionsoft.com. You arrived at this Professional Advice and Medical Disclaimer from one of the above sites, referred to herein as “this web site”.

Prior to using this web site or any of the content downloaded from it, it is important for you to know and understand that by visiting the Site and/or using the Service or Product, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of this website is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service/Product or your use of the Service/Product.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT (WITHOUT EXCEPTION) DO NOT USE THIS WEB SITE.

By using this web site, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account (for details regarding account termination, see below). The terms and conditions of this Agreement can be provided in any durable medium (for example by way of email or hard-copy), upon receipt by Don Heatrick Limited of a request in respect of the same, such request to be made using the contact details listed at the end of this Agreement.

Please contact us with any questions regarding this Agreement using the contact details listed at the end of this Agreement.

HEALTH WARNING AND LIABILITY DISCLAIMER:

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAMME. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.

NOTHING STATED OR POSTED ON THE PRO MEMBERSHIP SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF THIS WEBSITE.

ON HEATRICK LIMITED SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THIS WEB SITE.

1.     Who May Use This Web Site

AGE REQUIREMENT: You must be at least 18 years old to use this web site.

NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of this web site.

 

1.     Professional Advice and Medical Disclaimer

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS.

THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY.

DO NOT USE THIS WEBSITE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.

THIS WEBSITE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THIS WEB SITE SITE OR AVAILABLE THROUGH ANY HEATRICK.COM SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE.

FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THIS WEB SITE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.

IF YOU ARE IN THE UNITED KINGDOM AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 999, IMMEDIATELY.

THIS WEBSITE IS CONTINUALLY UNDER DEVELOPMENT AND DON HEATRICK LIMITED MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THIS WEB SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

2.     Your Representations and Warranties

In using this web site, you affirm that either: (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) 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; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of this web site.

If applicable, You further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of this web site.

4.     General Disclaimers

Don Heatrick Limited provides this web site on an “as is” and “as available” basis. You therefore use this web site at your own risk.

Don Heatrick Limited expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law (to the maximum extent permitted by law).

Without limiting the foregoing, Don Heatrick Limited makes no representations or warranties:

That this web site, or any particular fitness programme is suitable for you;

Regarding the adequacy or safety of this web site for any particular user;

That this web site will meet your personal needs;

That this web site will be permitted in your jurisdiction;

That this web site will be uninterrupted or error-free;

Concerning any content submitted by any member;

Concerning any third party’s use of content that you submit;

That Don Heatrick Limited will continue to support any particular feature of this web site; or

Concerning sites and resources outside of this web site, even if linked to from this web site.

Don Heatrick Limited reserves the right to modify this web site. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to this web site. Don Heatrick Limited has no obligation to screen or monitor any content and does not guarantee that any content made available on this web site complies with this Agreement or is suitable for all users. Don Heatrick Limited shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to Your computer system, internet access, download or display device.

To the extent that a secondary party may have access to or view this web site content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.

To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used this web site, and no warranties shall apply after such period. Nothing in this Agreement is intended to affect your statutory rights.

5.     Limitation of Liability

To the fullest extent permitted by law: (i) in no event shall Don Heatrick Limited, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) Don Heatrick Limited’s, and its affiliates’ total liability to you shall not exceed the amounts paid by you to Don Heatrick Limited over the twelve (12) months preceding your claim(s).

IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORISED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.

The Membership Service is intended solely as a general fitness informational means by which Members can improve sport specific performance for Muay Thai. In selecting our trainer coaches, we endeavour to source only those coaches who can demonstrate a minimum of two (2) years’ experience in the fitness field, with valid professional experience at a reputable fitness institution or gym. In the course of providing coaching advice, our coaches may occasionally answer incidental nutritional questions based on their own personal experience.

DON HEATRICK LIMITED DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE PROVIDED BY A TRAINER COACH CONSTITUTES QUALIFIED EXPERT ADVICE.

You should always seek expert professional advice in nutritional and health matters, and should not rely on any opinions expressed through this web site as expert opinions or advice.