Requirements for Use of the Lisa Pezik Services
The Lisa Pezik Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Full use of the Lisa Pezik Services requires compatible Lisa Pezik Products, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The Lisa Pezik Services is not a guaranteed part of any third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee you access to the Lisa Pezik Services.
Please see the section entitled "Precautions" below for recommended precautions related to your use of the Lisa Pezik Products and the Lisa Pezik Services.
You represent that you are using the Lisa Pezik Services for its intended purpose. If you are registering or using the Lisa Pezik Services on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.
Content found on LisaPezik.com or through the Lisa Pezik Services is for informational purposes only and is not intended to replace the relationship between you and your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting a fitness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Lisa Pezik Services. You should consult with your physician before following any training instructions you receive through the Lisa Pezik Services or participating in any event announced on or through the Lisa Pezik Services. Not all exercises or activities described on the Lisa Pezik Services are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. People who have Type 1 diabetes or other adverse medical or nutritional conditions should not use the Lisa Pezik Services unless such use is directed and closely monitored by a physician. By using the Lisa Pezik Services, you represent that you have received consent from your physician to participate in the programs, workouts, and exercises described on the Lisa Pezik Services.
We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Lisa Pezik Services. If you engage in any exercise program you receive or learn about through the Lisa Pezik Services you agree that you do so at your own risk and are voluntarily participating in these activities.
Information on the Lisa Pezik Services
We try to provide helpful and accurate information on the Lisa Pezik Services, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made available through the Lisa Pezik Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Lisa Pezik Services. If you rely on any information provided by Lisa Pezik, Lisa Pezik employees, or others appearing on or contributing content to the Lisa Pezik Services, you do so solely at your own risk.
Subject to Lisa Pezik's adherence with the privacy settings you select within the Lisa Pezik Services, you hereby grant to Lisa Pezik a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Lisa Pezik Services (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. "User Generated Content" includes but is not limited to content posted on message board posts, blogs, journals, food and recipe submissions and user comments. Subject to Lisa Pezik's adherence to the privacy settings you select within the Lisa Pezik Services, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Lisa Pezik's use of the User Generated Content or require your permission for Lisa Pezik to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Lisa Pezik or its sublicenses relating to Lisa Pezik's or its sublicenses' use of the User Generated Content in accordance with your privacy settings, and you hereby release Lisa Pezik and its sublicenses from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.
You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. Lisa Pezik cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your Lisa Pezik account or for any third party's fraudulent use or misuse of information submitted by you.
You represent that the information that you provide about yourself as requested in the Lisa Pezik account registration form (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing Lisa Pezik with your current email address, so that you may receive notifications and other account-related communications.
Ownership of the Lisa Pezik Services
LLisa Pezik or its licensors thereof, including all copyrights, trademarks, and other intellectual property rights therein, owns the Lisa Pezik Services and all aspects. You acknowledge that the Lisa Pezik Services and any underlying technology used in connection with the Lisa Pezik Services contain Lisa Pezik's intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Lisa Pezik Services except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. Lisa Pezik and its licensors retain all rights in the LLisa Pezik Services not expressly granted to you by Lisa Pezik.
Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. Users found using email information in this manner may have their user accounts terminated. We are not responsible for the content of email messages sent to you by our users or from third parties.
There are several areas on the Lisa Pezik Services, on which users may post information, including journals and message boards on user profiles, food pages and photos (collectively, "Community Pages"). Any information posted to the Community Pages can be viewed by anyone who visits the Lisa Pezik Services (whether or not such visitors are registered users). Lisa Pezik does not endorse any information posted on the Community Pages and posts made by users do not necessarily reflect the views of Lisa Pezik. Information on the Community Pages should not be taken as medical advice and we are not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the Community Pages is at your own risk.
By using our Community Pages, you agree to adhere to the following community guidelines:
Be respectful of the opinions of others. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return. Do not post profane or explicit content.Do not post profile pictures that might be considered inappropriate.Do not post communications that could be interpreted as threatening or harassing. Do not post, advertise or promote products commercially.
Lisa Pezik has the right to remove a post on the Community Pages if it does not meet these standards or for any other reason Lisa Pezik deems appropriate.
You agree that any materials posted by you shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses required to allow the posting of any content posted by you.
If you feel that any content posted on the Lisa Pezik Services infringes your copyrights or other intellectual property rights, please notify us by sending an email to lisa@LisaPezik.com
User Indemnification Of Lisa Pezik
Changes to Lisa Pezik Services
Lisa Pezik may change or discontinue, temporarily or permanently, any feature or component of the Lisa Pezik Services at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual Community Pages that have been inactive for more than 30 days, but have no obligation to do so. You agree that Lisa Pezik shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Lisa Pezik Services.
Third Party Services
Content And Warranty Disclaimer
THE WEBSITE IS PROVIDED BY LISA PEZIK AND ITS AFFILIATES "AS IS." NEITHER LISA PEZIK NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, LISA PEZIK AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, Lisa Pezik DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL LISA PEZIK BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT LISA PEZIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF Lisa Pezik, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. LISA PEZIK'S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.
Terms Specifically Related to Our Online Service
For users who have elected to purchase an online subscription to the Services the following additional terms and conditions shall apply:
1. Description of the Online Service.
If you are signing up for Lisa Pezik Online Membership, for your membership fee, Lisa Pezik hereby grants to you a license to use the following features and services solely for your personal, non-commercial use, subject to this Agreement: Lisa Pezik video library, membership area, recipes, newsletters, and resources.
You agree to pay Lisa Pezik the stated fees for the Online Service for the duration of time and the amount you selected on the sign up page. You permit Lisa Pezik to charge this fee to your credit card and automatically renew the charge for the duration of your membership until you cancel. We use a third party (PayPal) credit card payment processor to process all payments.
3. Automatic Renewal and Cancellation.
Membership fees will be charged to your credit card and will automatically renew at the price then in effect for the duration of your membership until you cancel. Yearly memberships will automatically renew once a year. Cancellation of your membership can be done in the My Account area on Lisa Pezik. If you choose to cancel, your cancellation will take effect at the end of the term in which you cancelled. If your credit card is invalid for any reason, charged back, or if Lisa Pezik does not receive payment, we will cancel your member benefits immediately.
5. Refund Policy and Termination.
If Lisa Pezik cancels the entire Service, you may request a refund in writing within 30 days after the cancellation and receive a refund for the prorated amount of the fees for the Service. If Lisa Pezik makes a material adverse change to the Service or to the terms of this Agreement, you may terminate this Service and request a refund in writing within 15 days of such change and Lisa Pezik will refund the prorated amount of the fees for the Service. If you cancel within 30 days of joining or renewal, you are eligible, upon request, for a full refund. Termination of your Premium Service account and the refund rights above are your sole remedies under this Agreement and against Lisa Pezik in connection with Lisa Pezik's provision of the Premium Service. Because Lisa Pezik reserves the right to alter or discontinue all or any portion of the Online Service or the Site, you should be sure to retain a copy of any materials you post on the Site and your User data.
Representations, Warranties and Covenants.
You represent, warrant and covenant that (a) the membership and credit card information that you supply is true, correct and complete, (b) you will pay any charges that you incur in connection with the Service, including any applicable taxes, (c) you will update your membership and credit card information as required, (d) you will not allow anyone else to use your membership, (e) you will not transfer your membership or password to anyone else and (f) you will report to us any unauthorized or prohibited use of your membership or this Site.
Subject to the termination and refund rights above, you agree that Lisa Pezik reserves the right to amend the Online Service and the terms associated therewith at any time and for any reason. Any changes may be posted to the Site or sent to you by email.
16 Sunters Court
Ancaster, On L9G 4Y8
Date of last update: August 29, 2016
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