Last Updated: April 10, 2017
lisarendall.com is pleased to provide you with access to and use of our websites, applications, content, streaming services, software, technology and any other materials (collectively, “lisarendall.com Services”) that we may provide.
The lisarendall.com Services are not intended for anyone under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST ACCESS AND/OR USE ANY lisarendall.com SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
Supplemental terms and conditions may apply to certain lisarendall.com Services.
2. Changes to These Terms.
3. lisarendall.com’s Intellectual Property; Limited License to lisarendall.com Services.
You acknowledge and agree that the lisarendall.com Services, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights arising therefrom are owned by lisarendall.com or its affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the source and object code of certain lisarendall.com Services and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of lisarendall.com and its affiliates, licensors and suppliers. You expressly agree that you will do nothing inconsistent with lisarendall.com’s ownership of the lisarendall.com Services, and that you gain no rights, title, or interest in or to any lisarendall.com Services, except as stated in these Terms or any executed written agreement between you and lisarendall.com. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of lisarendall.com or any third party.
B. Limited License.
For any lisarendall.com Services which enable you to use any software, content, or other materials owned or licensed by us only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific lisarendall.com Services, and any related software, content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.
You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system or digital rights management technology used with any lisarendall.com Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any lisarendall.com Services to a human-readable form; (iii) remove identification, copyright or other proprietary notices in or on the lisarendall.com Services; (iv) access or use any lisarendall.com Services in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any lisarendall.com Services or any part thereof, except as expressly authorized in these Terms or as part of the lisarendall.com Services provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any lisarendall.com Services or connected network, or interfere with any person or entity’s use or enjoyment of any lisarendall.com Services; (vii) access, monitor, or copy any element of the lisarendall.com Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or (viii) sell, resell, or make commercial use of the lisarendall.com Services, unless you have an executed agreement with us that expressly allows for such activity. By accessing or otherwise using any services, content or software through any lisarendall.com Services, you represent and warrant that: (ix) your access to and use of the lisarendall.com Services, or any content or software therein, will comply with any and all requirements in these Terms; (x) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (xi) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any lisarendall.com Services and our websites.
D. Third Party Services and Content.
Certain opinions, advice, statements, or other information, including without limitation, food, nutrition and exercise data, may be made available by third parties through or in connection with the lisarendall.com Services (“Third-Party Content”). This Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with the lisarendall.com Services. lisarendall.com DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON ANY lisarendall.com SERVICE; OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY as part of any Third-Party Content. UNDER NO CIRCUMSTANCES WILL lisarendall.com BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON Third-Party CONTENT POSTED ON THE lisarendall.com SERVICES OR TRANSMITTED TO OR BY ANY THIRD-PARTY in connection with the lisarendall.com services.
E. App Providers.
If you access any lisarendall.com Service using an Apple iOS or other third party device, you acknowledge that each of those third party companies, such as Apple Inc. (each, “App Provider”), will not be responsible for any damages arising out of the failure of a lisarendall.com Service to operate as intended.
When accessing any lisarendall.com Services by or through an App Provider, you acknowledge and agree that: (i) these Terms are concluded between you and lisarendall.com, and not with the App Provider, and that we are solely responsible for any lisarendall.com Services (such as mobile applications), and not the App Provider; (ii) the App Provider has no obligation to furnish any maintenance and support services with respect to any lisarendall.com Services; (iii) in the event of any failure of the lisarendall.com Services to conform to any applicable warranty: (a) you may notify the App Provider and the App Provider respond to you (if applicable); (b) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the lisarendall.com Services; and (c) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility; (iv) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to any lisarendall.com Services or your possession and use of the lisarendall.com Services, including without limitation: (d) product liability claims; (e) any claim that the lisarendall.com Service fails to conform to any applicable legal or regulatory requirement; and (f) claims arising under consumer protection or similar legislation; (v) in the event of any third party claim that the lisarendall.com Service or your possession and use of the same infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms; (vi) the App Provider and its subsidiaries, are third party beneficiaries of these Terms as it relates to your license of the lisarendall.com Services, and that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof; and (vii) you must also comply with all applicable third party terms of service when using the lisarendall.com Services. As also mentioned in these Terms, you represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
F. Disclaimer of Warranties.
YOU ACKNOWLEDGE AND AGREE THE lisarendall.com SERVICES, INCLUDING WITHOUT LIMITATION, ANY SERVICES, WEBSITE CONTENT AND ADVICE, AND INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE lisarendall.com SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES NON-INFRINGEMENT, SATISFACTORY QUALITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE lisarendall.com SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE TO USE THE lisarendall.com SERVICES AT YOUR SOLE RISK.
YOU WILL NOT HOLD lisarendall.com OR ITS THIRD-PARTY SERVICE PROVIDERS RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE lisarendall.com SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE lisarendall.com SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH OUR WEBSITES, INCLUDING WITHOUT LIMITATION, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US FROM THIRD PARTIES. CERTAIN WARRANTIES THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH lisarendall.com
G. Mobile Networks; Texting.
When you access any lisarendall.com Services through a mobile network, such as one of our mobile applications, or you sign up for our text message programs, your network or roaming provider’s messaging, data and other rates and fees may apply. Not all lisarendall.com Services may work with your network provider or device.
When you sign up to receive text messages from us, you acknowledge and agree you will receive such text messages using an autodialer to the number you provide, and that your consent for us to send you text messages is not a condition of purchasing any lisarendall.com Services. Not all carriers may be included within our text messaging programs. You are free to opt-out of receiving text messages from us at any time. Please see any additional instructions provided to you at the time you sign up.
4. Your Content and Account.
A. User Generated Content.
You may not submit or upload User Generated Content that lisarendall.com determines in its sole and absolute discretion is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Generated Content or communications you submit, at any time and for any or no reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold us and our affiliates and subsidiaries, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
We will not be responsible or liable to any third party for any User Generated Content. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users of the lisarendall.com Services, or any authors, experts, celebrity trainers or otherwise. User Generated Content shall not state or reflect the attitudes and opinions of lisarendall.com, and any views and opinions expressed on our websites shall not be attributed to or otherwise endorsed by lisarendall.com. You agree to comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any lisarendall.com Services and our websites.
B. License to Your User Generated Content.
We do not claim ownership to your User Generated Content; however, you grant us a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with the lisarendall.com Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This includes without limitation our use of your User Generated Content in connection with any advertising, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and digital commercials, videos, social media websites, or on our websites. We are not, however, obligated to use your User Generated Content.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a limited, non-transferable, non-exclusive license to create a derivative work using our copyrighted works as required for the sole purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
C. Public Forums.
Certain lisarendall.com Services include public forums, which include without limitation, discussion forums, message boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting same.
D. User Conduct.
You must only use the lisarendall.com Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of any lisarendall.com Services. In using any lisarendall.com Services, and in particular, our websites, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:
- copy, reproduce, or improperly use or access any content on our websites;
- modify, distribute, or re-post any content on our websites for any purpose; or
- use the content on our websites for any commercial exploitation whatsoever.
- disrupt or interfere with the security of, or otherwise abuse, our websites, or any services, system resources, accounts, servers, or networks connected to or accessible through our websites or affiliated or linked sites;
- access content, data or portions of our websites which are not intended for you, or log onto a server or account that you are not authorized to access;
- attempt to probe, scan, or test the vulnerability of the lisarendall.com Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;
- access any lisarendall.com Services or our websites through any automated means, such as “robots,” “spiders,” or “offline readers”;
- interfere or attempt to interfere with the use of our websites or applications or the lisarendall.com Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
- use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on our websites;
- harass, “stalk”, disrupt or interfere with any other user’s enjoyment of our websites or affiliated or linked sites;
- upload, post, or otherwise transmit through or on our websites any viruses or other harmful, disruptive, or destructive files;
- use, frame, or utilize framing techniques to enclose any lisarendall.com trademark, logo, or other proprietary information (including the images found at our websites, the content of any text, or the layout/design of any page or form contained on a page) without lisarendall.com express written consent;
- use meta tags or any other “hidden text” utilizing a lisarendall.com name, trademark, or product name without lisarendall.com’s express written consent;
- deeplink to our websites without lisarendall.com’s express written consent;
- create or use a false identity on our websites, share your account information, or allow any person besides yourself to use your account to access our websites;
- harvest or otherwise collect information about lisarendall.com users, including email addresses and phone numbers;
- download, “rip,” or otherwise attempt to obtain unauthorized access to any lisarendall.com Services, content or other materials; and
- post any copyrighted material unless the copyright is owned by you.
E. Your Account; Passwords.
Certain lisarendall.com Services permit or require you to create an account to enjoy additional services and benefits that we provide. You agree to provide and maintain accurate, current and complete information for your accounts, including as applicable, your name, and contact. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or if applicable, provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.
We have adopted and implemented a policy that provides for the suspension or termination, in appropriate circumstances and in our sole and absolute discretion, of the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for illegal conduct.
You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the lisarendall.com Services. You agree not to use the account, username or password of any other account holder at any time. lisarendall.com will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.