1.1 Thank you for visiting www.banksphysique.com (“the Website”). The Website is operated and owned by Leadership Wellness Management Group, LLC (“we”, “us”, “our” or “Banks Physique”). Registered in Texas, United States.
1.3 We may change our Disclaimer from time to time and may do so without notice. We will let you know what these changes are by updating them to this page, but it is your responsibility to check for updates. Changes will become effective as soon as they are posted on this page, therefore if you continue to use the Website after the posting of these changes to the Disclaimer, it means that you accept such changes.
1.4 The recommendations, advice and instructions contained within this Website, on any newsletters, information sheets and/or associated emails or documentation sent to you is for general information purposes only. As with all programs, techniques, and materials related to health, exercise and fitness, you are strongly urged to consult your doctor and have a physical examination before using any of the products and/or services made available by or through Banks Physique, or if you choose to use any of the advice or information provided to you by Banks Physique. If you choose not to obtain a doctor’s permission prior to beginning a program with Banks Physique then you are doing so at your own risk. Banks Physique shall not be held liable in any way whatsoever for any inaccuracy, misunderstanding or expectation drawn from the content of the Website.
1.5 If you sign up to become a Member then you may be asked to provide various pieces of information relating to you health and medical history (the Pre-Activity Readiness Questionnaire (“PAR-Q”)), which shall include information on blood pressure, heart conditions and injuries. This information helps us assess whether you can become a member of Banks Physique. Please take care when preparing the PAR-Q information to provide to us as we shall not be liable if Banks Physique is required to refuse membership because of the information you provide in the PAR-Q (or any other information provided to Banks Physique in any other format), or if the fitness training program provided does not suit your needs due to the information provided to us being inaccurate.
1.6 Irrespective of whether users seek medical advice, by using the Website you understand and agree that you are using it, and any of the information contained therein, at your own risk. The Website, its services, related graphics and text are provided “as is”, and to the extent permitted by applicable law, Banks Physique and its affiliates, employees, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors and other parties involved in the creation, production or delivery of the Website, expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee, or representation, whether oral, written or in electronic format, including but not limited to the accuracy or completeness of any information contained therein or provided by the Website and its services. In addition to this, Banks Physique accepts no responsibility for any information presented by a third party, including but not limited to, information presented by Members or other users of the Website either on the pages of the Website, or through the Community or blogs. If a user takes any action in response to such information then the user acknowledges that Banks Physique shall have no liability in connection with such action taken by a user.
1.7 Banks Physique, its affiliates, employees, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors and other parties involved in the creation, production or delivery of the Website make no warranty, implied or explicit, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable of any quality, nor that the content is safe in any manner for download. By using this Website you understand and agree that neither Banks Physique nor its affiliates, nor any participant in the Website and its services, provides professional advice of any kind and that use of such advice or any other kind of information is solely and strictly at your own risk and without our liability of any kind.
1.8 Banks Physique, its affiliates, employees, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors and other parties involved in the creation, production or delivery of the Website shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages, losses, costs or expense allegedly sustained arising out of access to or inability to access the service or the Website, including viruses alleged to have been obtained by using the service or the Website, your use or reliance on the service or any information or material available on the service or the Website, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
1.9 Notwithstanding the above, it is recognised that the liability of Banks Physique will not be limited in the case of death or personal injury directly caused by the negligence of Banks Physique, or in respect of any fraudulent misrepresentation, or any other liability which it cannot exclude by law.
1.10 From time to time the Website may provide links or references to other sites. Banks Physique, its affiliates, employees, directors, officers, agents, employees, representatives, successors and assigns, administrators and executors shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages, liabilities, losses, costs and/or expenses allegedly sustained arising out of access to such sites and will have no responsibility for the content of such other sites. Any links to other sites are provided merely as a convenience to the users of this Website and do not provide an endorsement to such sites by Banks Physique. You may also not establish a link to this Website without our express prior written consent.
1.11 Access to the Website is permitted on a temporary basis and Banks Physique reserves the right to withdraw or amend the service provided on the Website without notice. Banks Physique shall not be liable if for any reason the Website is not available at any time or for any period. From time to time, Banks Physique may restrict access to some parts of the Website, or the entire Website, if required. Banks Physique aims to update the Website regularly and may change the content at any time. Any of the material on the Website may be out of date at any given time, although Banks Physique makes every attempt to ensure that material on the Website is updated as frequently as possible.
1.12 You must not misuse the Website by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of this Disclaimer and that they comply with it.
1.13 All rights in the Website, including copyright, the content and design of the Website, is owned by Banks Physique or used under licence from third party owners. Any use of this Website or its contents, including copyright or storing it or them in whole or part, other than for your personal or non-commercial use is prohibited without the written permission of Banks Physique. You are prohibited from copying, modifying, transmitting, distributing, selling, displaying, licensing or reproducing any content including images and other media on this Website for any commercial purpose.
1.14 The transmission of unlawful, threatening, defamatory, pornographic, political or racist material is strictly prohibited.
1.15 If you breach the provisions of this Disclaimer, we shall suspend or permanently terminate your access to the Website.
1.16 Any material you upload to the Website will be considered to be non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.
1.18 If any part of this Disclaimer or any document referred to herein is illegal or unenforceable, such portion(s) shall be excluded from this Disclaimer and any relevant document to the minimum extent required and the balance of this Disclaimer and any relevant document shall remain in full force and effect and enforceable.
1.20 It is not the intention of the parties to confer any rights on any third parties by virtue of this Disclaimer and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Disclaimer.
1.21 This Disclaimer and any disputes that may arise between you and Banks Physique will be governed by the laws of The United States and the parties shall submit to the jurisdiction of the American courts.