Terms and Conditions

Terms of Use and Privacy Policy

perpetual Hypertrophy

PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THIS SITE OR PERPETUAL HYPERTROPHY TRAINING PRODUCTS OR SERVICES.

Privacy Policy

At perpetual Hypertrophy, your privacy is important to us. All personal information will be held in the strictest confidence. Your name or e-mail address will not be sold to any bulk mailing lists. You may choose to opt out of the perpetual Hypertrophy e-mail newsletter at any time by requesting to do so via e-mail.

perpetual Hypertrophy collects personally identifiable information when you buy training or nutrition programs from perpetual Hypertrophy including: name, email and other optional information from which your identity may be reasonably ascertained. The personal information collected from Clients during the registration process is used to manage each Client’s account (i.e. setup of services).

perpetual Hypertrophy also automatically receives and records information on our server logs from your browser including, but not limited to, your IP address, page that you requested, and your browser type.

ALL personal information is held in the strictest confidence and will not be sold or distributed without express consent by you.

Definition of Services

PERPETUALHYPERTROPHY.COM, a Web site (sometimes hereafter the “Site”) owned and operated by perpetual Hypertrophy (hereafter a.k.a.”PERPETUALHYPERTROPHY.COM”), provides Internet-based fitness and health information, personal training services, and nutritional coaching services to the fitness consumer.

Acceptance of Terms of Use

You must agree to these Terms of Use in order to use the PERPETUALHYPERTROPHY.COM Site. By using this Site, you acknowledge your agreement to these Terms of Use. Please read these Terms carefully. If you do not agree to all of the Terms of Use in this agreement, please do not use this Site.

PERPETUALHYPERTROPHY.COM may revise and update these Terms of Use at anytime. Please review the Terms of Use periodically as posted at the PERPETUALHYPERTROPHY.COM Site because your continued usage of the Site will mean you accept those changes. Please check these areas before using PERPETUALHYPERTROPHY.COM to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur, please terminate your use of PERPETUALHYPERTROPHY.COM immediately (1) by notifying PERPETUALHYPERTROPHY.COM of your unwillingness to accept the changes to the Terms of Use; and/or (2) by discontinuing your use of PERPETUALHYPERTROPHY.COM.

Occasionally, PERPETUALHYPERTROPHY.COM may supplement these Terms of Use with additional terms pertaining to specific content or events, (“Additional Terms”), which Additional Terms may be placed on PERPETUALHYPERTROPHY.COM to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.

SECTION ONE:

Disclaimer of Warranties and Consequential Damages

Neither perpetual Hypertrophy nor PERPETUALHYPERTROPHY.COM recommends or endorses any specific test, products, or procedures that may be mentioned on the Site. PERPETUALHYPERTROPHY.COM does not assume any liability for the contents of any material provided on the Site. Reliance on any information provided by PERPETUALHYPERTROPHY.COM, its Personal Trainers, or other visitors to the Site is solely at your own risk. PERPETUALHYPERTROPHY.COM assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, ideas, or instruction contained in the materials provided to you. PERPETUALHYPERTROPHY.COM reserves the right to change or discontinue at any time any aspect or feature of this Site.

PERPETUALHYPERTROPHY.COM, its licensors, and its suppliers make no representation or warranties about the accuracy, reliability, completeness, currency or timeliness of the content, software, text, graphics, links, or communication provided on or through the use of the PERPETUALHYPERTROPHY.COM Site or other perpetual Hypertrophy information. PERPETUALHYPERTROPHY.COM, its licensors, and its suppliers do not make any warranty that the content contained on the PERPETUALHYPERTROPHY.COM Site satisfies government regulations requiring disclosure of information on supplements and/or prescription drug products.

You acknowledge that in connection with the Site, information will be transmitted over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control of PERPETUALHYPERTROPHY.COM and its suppliers. Accordingly, PERPETUALHYPERTROPHY.COM assumes no liability for correlating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.

YOU EXPRESSLY AGREE THAT USE OF PERPETUALHYPERTROPHY.COM IS AT YOUR SOLE RISK. PERPETUALHYPERTROPHY.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PERPETUALHYPERTROPHY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF DEALINGS OR COURSE OF PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF THE IMPLIED WARRANTIES, AND TO THAT EXTENT ONLY, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

PERPETUAL HYPERTROPHY MAKES NO WARRANTY THAT PERPETUALHYPERTROPHY.COM WILL MEET YOUR REQUIREMENTS, OR THAT PERPETUALHYPERTROPHY.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. PERPETUAL HYPERTROPHY DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH PERPETUALHYPERTROPHY.COM. PERPETUALHYPERTROPHY.COM IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER PERPETUALHYPERTROPHY.COM NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN PERPETUALHYPERTROPHY.COM, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. PERPETUAL HYPERTROPHY ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR APPROPRIATE MEDICAL CARE FOR ANY SITUATION OR MEDICAL CONDITION WHICH YOU MAY HAVE.

NEITHER PERPETUAL HYPERTROPHY NOR PERPETUALHYPERTROPHY.COM SHALL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SITE. YOUR PARTICIPATION IN PERPETUALHYPERTROPHY.COM IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PERPETUALHYPERTROPHY.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

PERPETUALHYPERTROPHY.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH PERPETUALHYPERTROPHY.COM OR ANY TRANSACTIONS ENTERED INTO THROUGH PERPETUALHYPERTROPHY.COM

Links to Other Web Sites

This Site contains links with other web sites on the Internet that are owned and operated by third party merchants, organizations, advertisers and other third parties. This Site may also contain advertisements and promotional material of such vendors, advertisers and other third parties. Some or all of the web sites listed as links herein are not under the control of PERPETUALHYPERTROPHY.COM, but rather are exclusively controlled by third parties. Accordingly, PERPETUALHYPERTROPHY.COM makes no representation or warranty as to the content, statements, representations, warranties or other information contained in such links, such other web sites or such advertisements or promotional materials, and it makes no representation or warranty as to the creditworthiness or reputation of any such third party whatsoever concerning such web sites.

Moreover, while PERPETUALHYPERTROPHY.COM may provide a link to a third party, such a link is not an authorization, endorsement or sponsorship by PERPETUALHYPERTROPHY.COM with respect to such web site, its owners or its providers. PERPETUALHYPERTROPHY.COM has no actual knowledge of any illegal, fraudulent, defamatory, slanderous or obscene matters or activities relating to, or being effected through, or in connection with such links, other web sites, advertisements or promotional material PERPETUALHYPERTROPHY.COM has not tested any information, products or software found on such web sites and cannot make any representation whatsoever with respect thereto, nor is it PERPETUALHYPERTROPHY.COM’s obligation to perform an independent investigation of any such web sites. The content of, and the statements and opinions expressed by and through, those web sites linked to this Site do not necessarily reflect the values, statements and opinions of PERPETUALHYPERTROPHY.COM and its electronic connection to such third parties or their electronic connection to PERPETUALHYPERTROPHY.COM does not constitute, and should not be construed as, its endorsement or support of such content, statements or opinions.

Furthermore, it is your responsibility to take precautions to ensure that whatever you select is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

IN NO EVENT WILL PERPETUAL HYPERTROPHY OR PERPETUALHYPERTROPHY.COM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, ON ANY LEGAL THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH ANY USE OF THE SITE, OR ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DAMAGE TO YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF PERPETUALHYPERTROPHY.COM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Medical Advice

This Site is designed primarily as a fitness and nutrition educational resource and is provided for informational purposes only. The content is not intended in any way to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Neither the content nor any other service offered by or through the Site is intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on the Site.

This Site should not be considered inclusive of all proper treatments, procedures and tests or exclusive of other treatments, procedures and tests that are reasonably directed towards obtaining successful weight management or health or fitness.

SECTION TWO:

Privacy

PERPETUALHYPERTROPHY.COM reserves the right to perform statistical analyses and profiling of member and other user behavior and characteristics in order to measure interest in and use of the various areas of the Site and to inform advertisers of such information. PERPETUALHYPERTROPHY.COM will provide only aggregate data from these analyses to third parties; no personally identifiable information will be disclosed.

Under no circumstances should this Site or any of the fax numbers or mailing addresses on this Site be used to send PERPETUALHYPERTROPHY.COM confidential or proprietary information. Data which is not personal, including questions, comments, ideas and suggestions, shall be deemed to be non-confidential and PERPETUALHYPERTROPHY.COM shall be free to disclose and use the same for any purpose, and through any means, without any obligation whatsoever to you. PERPETUALHYPERTROPHY.COM specifically prohibits the use of this Internet site for the purpose of violating laws, engaging in business disparagement or defamation, or discriminating or harassing any person.

Despite the foregoing, in any event subscribers and visitors should be aware that when you voluntarily disclose personally identifiable information (for example, user name, e-mail address) on the bulletin boards or chat areas of PERPETUALHYPERTROPHY.COM, that information, along with any substantive information disclosed in the subscriber’s or user’s communication, can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of PERPETUALHYPERTROPHY.COM. PERPETUALHYPERTROPHY.COM makes no warranties about the discoverability of members’ identity by methods beyond our control.

Children and Minors

PERPETUALHYPERTROPHY.COM does not knowingly operate a “web site or online service directed to children” as defined in the Children’s Online Privacy Protection Act (15 U.S.C. § 6501 et seq.).

SECTION THREE:

Use of Content

Upon acceptance of these Terms of Use, PERPETUALHYPERTROPHY.COM authorizes you to view or download a single copy of the material on this Site solely for your personal, noncommercial use (the “Content”). The further copying, redistribution or publication of any part of this Site is prohibited. Special rules may apply to the use of certain software and other items provided on the Site. Any such special rules are listed as “Legal Notices” The legal notices and are incorporated into these Terms of Use by reference.

You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. The use of the content on any other Web site or in a networked computer environment for any purpose is prohibited. Content is subject to change without notice at the editorial discretion of PERPETUALHYPERTROPHY.COM If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. For information obtained from PERPETUALHYPERTROPHY.COM’s licensors, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the notices appearing in the original publications.

Intellectual Property Rights Reserved

All information provided by PERPETUALHYPERTROPHY.COM in any form, is proprietary to PERPETUALHYPERTROPHY.COM and is protected by U.S. and foreign laws and international treaties governing intellectual property. All such information published by PERPETUALHYPERTROPHY.COM or presented by its employees, agents or consultants is copyright protected. Since a copyright notice is no longer required by law, the omission of the copyright notice by PERPETUALHYPERTROPHY.COM does not invalidate copyright protection, and it does not indicate that perpetual Hypertrophy authorizes the reproduction of such proprietary material.

None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of PERPETUALHYPERTROPHY.COM, except that you may reproduce limited excerpts of the data for personal use only, provided that each such copy contains a copyright notice as follows: Copyright © 2021 perpetual Hypertrophy. All rights reserved.

No License

Except to the extent expressly provided for elsewhere in this Section Three, this Site does not confer and shall not be considered as conferring upon anyone any license under any of perpetual Hypertrophy, or PERPETUALHYPERTROPHY.COM or any third party’s intellectual property rights.

Miscellaneous

In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

PERPETUALHYPERTROPHY.COM may assign its rights and obligations under these Terms of Use and upon such assignment PERPETUALHYPERTROPHY.COM may be relieved of any further obligation hereunder.

You represent to perpetual Hypertrophy that you have the authority to register with PERPETUALHYPERTROPHY.COM according to these Terms of Use.

Indemnity

You agree to defend, indemnify and hold perpetual Hypertrophy and PERPETUALHYPERTROPHY.COM, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the content (including software), or the Interactive Areas in a manner that violates or is alleged to violate these Terms of Use. perpetual Hypertrophy shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Jurisdiction and Choice of Law

PERPETUALHYPERTROPHY.COM is based in Illinois, in the United States of America. PERPETUALHYPERTROPHY.COM makes no warranties that the content is appropriate or may be downloaded outside of the United States. Access to the Content (including software) may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws provisions.

You expressly agree that exclusive jurisdiction for any dispute with PERPETUALHYPERTROPHY.COM, including any claim involving PERPETUALHYPERTROPHY.COM or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers, or in any way relating to your membership or use of PERPETUALHYPERTROPHY.COM, resides in the courts of the State of Illinois. You further agree and expressly consent to the exercise of personal jurisdiction of the applicable court and that venue shall be in a court sitting in Chicago, Illinois.

Remedies for your Breach of these Terms of Service

In the event that PERPETUALHYPERTROPHY.COM determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the on-line community of PERPETUALHYPERTROPHY.COM and its members, PERPETUALHYPERTROPHY.COM reserves the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to PERPETUALHYPERTROPHY.COM, (iii) delete all content provided by you to PERPETUALHYPERTROPHY.COM, (iv) discontinue your registration with PERPETUALHYPERTROPHY.COM and/or any other PERPETUALHYPERTROPHY.COM community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which PERPETUALHYPERTROPHY.COM deems to be appropriate.

Termination.

perpetual Hypertrophy reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access PERPETUALHYPERTROPHY.COM and/or any other service provided to you by PERPETUALHYPERTROPHY.COM including any e-mail account upon any breach by you of the Terms of Use.

Complete Agreement

These Terms of Use and any Additional Terms (as such terms shall be identified when posted on PERPETUALHYPERTROPHY.COM by perpetual Hypertrophy) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of perpetual Hypertrophy, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.

Thank you for your cooperation with these Terms and Conditions.

Addendum – Copyright and Intellectual Property Policy

perpetual Hypertrophy respects the intellectual property of others, and we ask our users to do the same. perpetual Hypertrophy has no responsibility for content on other web sites that you may find or access when using perpetual Hypertrophy’s products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those web sites, and not the perpetual Hypertrophy Terms of Service, govern your use of that material.

It is perpetual Hypertrophy’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of perpetual Hypertrophy and/or others.

Notice for Claims of Intellectual Property Violations and Agent for Notice

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide perpetual Hypertrophy with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the perpetual Hypertrophy site, with enough detail that we may find it on the web site;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

perpetual Hypertrophy’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

perpetual Hypertrophy

6118 N Naper Ave.

Chicago, IL 60631

USA