DISCLAIMER

NERD FITNESS
WEBSITE TERMS AND CONDITIONS OF USE

Please read these terms carefully before using this site.

The materials located at www.nerdfitness.comwww.nerdfitnessrebellion.com, and all subdirectories (collectively the “Site”), are provided by Level Up Enterprises, Inc. (“Level Up Enterprises”) as a service to its customers and may be used for informational purposes only. By visiting or downloading any materials from this site, you agree to these terms and conditions of use (“Terms”). If you do not agree to these Terms, do not access or otherwise use the site.

Level Up Enterprises reserves the right to modify these Terms at any time. Because these Terms are binding upon you in connection with any use you make of the Site, you should check for changes before proceeding to use this Site.

The section headings used in these Terms are for reference purposes only and shall not be used in the interpretation of or to construe the meaning of these Terms.

Site Content and Intellectual Property

This Site as a whole, as well as all materials, images, text (other than user information), illustrations, designs, icons, photographs, video clips, audio signals, structure, layout, software, “look and feel,” and other elements contained on or otherwise making up this Site (collectively, the “Contents”), are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. Unless otherwise noted, all worldwide rights, titles, and interests in and to the Site and Contents are owned or licensed by Level Up Enterprises and/or its affiliated companies.

Nerd Fitness and the NF logo are trademarks or registered trademarks of Level Up Enterprises and its subsidiaries in the United States and other countries. These trademarks may not be used without express permission from Level Up Enterprises.

Level Up Enterprises grants you a limited, nonexclusive, nontransferable license to access and use the Site and Contents for purposes of general browsing, user forums and submissions, and/or conducting business with Level Up Enterprises. In all events, however, you shall not be permitted to, you shall not, and you shall not permit others to: (i) copy, adapt, display, distribute, publish, disseminate, transmit, store, sell, or use the Site and/or the Contents for any purposes or in any manner other than as intended and expressly authorized in writing by Level Up Enterprises; (ii) attempt to remove from the Site, download, copy, recreate, disassemble, modify, destroy, tamper with, deactivate, translate, reverse engineer, or decompile any software or other Contents on the Site; or (iii) assign, sell, sublicense, lease, or otherwise transfer your right to use the Site or the Contents. You may not reproduce this material on your personal website, blog, social network, or any other online resource without express written permission or as allowed by any license terms entered into with Level Up Enterprises. Level Up Enterprises may terminate this license at any time if you are in breach of the terms set forth herein. Upon termination, you will immediately destroy and make no further use of any downloaded materials.

Proper Use

You are prohibited from posting or transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You agree to refrain from using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on Site. You further agree to refrain from taking any action that could impose an unreasonable or disproportionately large burden on the Site infrastructure.

You acknowledge that, while much of the Site is open for public browsing, some areas of the Site may from time to time be restricted and accessible only to certain users via password. You agree to access and use only those areas of the Site that have been authorized for your use and to refrain from using any password or account information of any third party. If you have a password, you agree not to disclose or share your password or other relevant account information with any third parties or to use your password for any unauthorized purpose.

User Submissions

Except as otherwise agreed in writing by an authorized Level Up Enterprises representative, any and all content (including user- and visitor-generated content) submitted either via email, comment forms, or any other page hosted at this Site or its content aggregation systems will be considered non-confidential and non-proprietary. Level Up Enterprises reserves the right to alter, remove, re-post, re-purpose, market, or trade any such content. Level Up Enterprises will have no obligations with respect to such content. By submitting or transmitting content, you hereby confirm that your contribution of any such material is your own original work and does not infringe any laws.

Notification of Copyright Infringement

Level Up Enterprises respects the intellectual property rights of others and has established the following procedure for receiving notice of infringement in compliance with the Digital Millennium Copyright Act (“DMCA”). Notices should be submitted to Level Up Enterprises’s copyright Agent:

Steve Kamb
Level Up Enterprises
301 Demonbreun Street #1717, Nashville, TN 37201
[email protected]

To be effective, the notice should include:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Level Up Enterprises to locate the material on the Site;
  • Information reasonably sufficient to permit Level Up Enterprises to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

User Forum

Level Up Enterprises may, but is not obligated to, monitor or review any areas on the Site where users transmit or post communications or communicate solely with each other, including but not limited to message boards, chat rooms, or other user forums, and the content of any such communications. Level Up Enterprises, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Level Up Enterprises, in its sole discretion and without any prior notice, reserves the right to shut down any user forum or to disable the functionality for users to transmit or post communications or to communicate with each other, and/or to remove any content or user-generated communication that Level Up Enterprises deems to be offensive, unlawful, threatening, libelous, defamatory, obscene, pornographic, or in violation of any law.

Disclaimer

Visitors who use this Site and rely on any information do so at their own risk.

THIS SITE AND ALL MATERIALS AND ATTACHED DOCUMENTS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL LEVEL UP ENTERPRISES OR ITS AGENTS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR IDEAS, EVEN IF LEVEL UP ENTERPRISES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Level Up Enterprises and its agents or contractors further do not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained within this Site or its attached documents. Level Up Enterprises may make changes to this Site or attached documents at any time without notice.

The information on this Site is intended solely for entertainment purposes and may not be used as a substitute for professional advice and/or information, as circumstances will vary from person to person. You should not act or rely upon this information without seeking professional advice. Do not attempt any of the suggested actions, solutions, remedies, or instructions found on this Site without first consulting with a qualified professional. The materials are not intended to be nor do they constitute actionable professional advice. Transmission of this information is not intended to create a professional-client relationship between Level Up Enterprises and you. The owners, editors, contributors, administrators, and other staff of Level Up Enterprises are not qualified professionals, and are simply aggregating information found online for entertainment purposes only.

By using this Site, you hereby forfeit any and all claims, past, present, and future, against the owners, editors, contributors, administrators, and other staff of Level Up Enterprises.

User Restrictions

You must be at least 18 years of age to view any page or other correspondence or content from this Site. Level Up Enterprises cannot be held responsible for any harm that is experienced, real or perceived, from viewing, following, or contributing, of any sort of content on this site.

You must not use this Site in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Some content found on the pages of this Site is created by members of the public. The views expressed are theirs and unless specifically stated are not those of Level Up Enterprises. Level Up Enterprises accepts no responsibility for any loss or harm incurred from the use of this Site or any of its information or content.

External Links

Level Up Enterprises is not responsible for the contents or reliability of any other websites to which we provide a link, and we do not, expressly or otherwise, endorse the views and/or content expressed within those sites.

Viruses, Damage and Availability

Level Up Enterprises makes no warranty or claim that functions available on this website will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available, nor the content itself is and/or will be free of viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output, and for the security of yourself and the device used by you to view any content from this Site.

Applicable Laws

The Federal laws of United States shall otherwise govern your use of this Site where these terms and conditions are not clear or incomplete and you hereby agree to submit to the exclusive jurisdiction of the United States Federal and State court system.

Limited Liability and Indemnification

Level Up Enterprises and its officers, employees, contractors, or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of any content, information, function, or service this Site or other related location (such as content feeds, links, emails, letters, documents, and other company products or correspondence).

You agree to indemnify and hold harmless Level Up Enterprises, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of these Terms.

Though Level Up Enterprises makes a reasonable effort to maintain the resources of this website, they will, from time to time, become out of date, be incorrect, erroneous, or otherwise inappropriate. Level Up Enterprises makes no commitment to update the materials or ideas contained within this Site or its attached documents. As noted above, by using this website you agree that you will not follow any instruction, suggestion, step, list, tutorial, or other content on this website or any of its content posted elsewhere until you have appropriately consulted with a licensed professional who is unrelated to this site or its parent company in any way.