Terms & Conditions of Use
IKONIC LLC. Terms & Conditions of Use
If you are not willing to be or cannot be bound by all of these terms and conditions, including without limitation the following agreement and acknowledgement, then DO NOT , browse or use the services. Moreover, IKONIC, LLC does not and will not grant you any right or license to access, browse or the services without your willingness and ability to be bound by all of the terms and conditions of this agreement.
If you do not abide by the provisions of these terms & conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or restrict any further access to such information and/or files, or our services, with or without notice.
You must exercise caution, good sense and sound judgment in using the Services. You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you. IKONIC., will investigate any alleged or suspected violations and if a criminal violation is suspected, we may contact and/or cooperate with law enforcement agencies in their investigations.
This Site is for Informational Purposes Only and Does Not Provide Medical Advice.
Message Boards, Chat Rooms and Posting Guidelines.
Third Party Content.
Sweepstakes, Contests and Games.
Accounts, Passwords and Security.
Linking to the Sites.
Disclaimer Regarding Linked Third Party Sites.
Dealings with Third Parties.
Disclaimer of Warranties.
Limitation of Liability.
Waiver and Severability.
Successors and Assigns.
Fees, Renewal, Cancellations & Refund Policies
Limitation of Liability
1. This Site is for Informational Purposes Only and Does Not Provide Medical Advice.
a. Not a Medical Service. The Sites and Services offer health, fitness and nutrition related information, but are designed for non-commercial, informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITES OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR THROUGH THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITES OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
Nothing stated or posted on the Sites or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Sites or through the Services and no assurance can be given that the information contained in the Sites or the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Sites and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our Licensors.
We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Sites or Services. If you rely on any of the information provided by this Site or the Services, our employees, or guests or visitors to the Sites, you do so solely at your own risk. These services are intended for informational purposes only. Due to their condensed and non-clinical nature, this site and associated services cannot cover every aspect of the subject. Any information provided to the Customer is nonclinical and is not based on or characterized by observable and diagnosable symptoms of disease, and for these reasons should not be construed as clinical advice. The services offered are not a replacement for medical advice. Contact your physician for diagnosis and treatment of any medical condition. IKONIC LLC., its employees, consultants, writers and affiliates are not liable for the use or misuse of information contained in any services, printed or digital material.
IKONIC LLC does not (i) guarantee the accuracy, completeness, or usefulness of any nutritional information presented on the site or services; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such nutritional information. Under no circumstances will IKONIC LLC be responsible for any loss or damage resulting from your reliance on nutritional information. You are solely responsible for ensuring that any nutritional information on the site or services is accurate, complete and useful. Nutritional information offered by the site, software or services may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of IKONIC LLC.
WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE WEBSITE AND/OR MOBILE APP DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.
b. No Doctor-Patient or Clinician-Patient Relationship. Any and all services provided by, in and/or through the Services are for informational purposes only. IKONIC LLC is not a medical professional, and IKONIC LLC does not provide medical services or render medical advice. Nothing contained in the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician or clinical dietitian consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE IKONIC LLC PARTIES (INCLUDING, WITHOUT LIMITATION, COACHES) OR ANY OF IKONIC LLC SERVICE USERS).
You are urged and advised to seek the advice of a physician or a medical professional with any questions you may have regarding your health before beginning any nutrition or fitness programs, physical activities or any other plans that may be referenced, discussed or offered under the Services. If you are being treated for an illness, taking prescription medication or following a therapeutic diet to treat a disease, it is especially urged to consult with your physician before using the Services. You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services or participating in any of the activities offered by the Services for purpose of seeking medical attention. You further agree that, before using the services, you shall consult your physician, particularly if you are at risk for problems resulting from exercise or changes in your diet. If any information you receive or obtain from using the Services that is inconsistent with the medical advice from your physician, you should follow the advice of your physician.
c. Virtual Coaching Service Disclaimer. If you are a Personal or Subscription Service user, you may have access to personal coaching services (“Virtual Coaching Service”). If you have access to our Virtual Coaching Service, you will be able to interact with a Coach. A Coach will assist his/her users in developing skills to help them achieve their health-related goals. IKONIC LLC may, in its sole discretion, engage or replace any Coach with another without notice to the Virtual Coaching Service users.
The services provided by our Virtual Coaching Service are not medical, mental health or any other type of health service. Virtual Coaching Service is not psychotherapy or mental health counseling. No diagnosis or treatment of, or advice regarding, any medical or mental health condition or illness will be offered. The Virtual Coaching Service cannot substitute for, and is not an alternative to, medical, psychiatric, psychological, psychotherapy or other healthcare diagnosis and treatment when a medical or mental health condition or illness is present. You are advised to seek diagnosis, treatment and advice regarding medical or mental conditions or illnesses from physicians practicing medicine, psychotherapists, psychologists and other licensed healthcare and mental health professionals.
IKONIC LLC Groups led by a Coach or Coaches are designed to provide individuals with education, information and personal support from peers and the group leader regarding your health-related issues and goals. For example, a Business Customer, a healthcare provider, may contract IKONIC LLC to provide Corporate or Business Services and ask you to use our Services to track your medical treatments and progress. In such case, your Coach may provide general information about psychological and emotional issues related to health conditions, medical treatments, success stories, and health-related goals in order to help you adhere to the specific regimen prescribed by your physician. However, Coaches are not allowed to use the Virtual Coaching Service to engage in rendering any type of psychological or healthcare advice for any individual or for his or her particular situation. Under no circumstances will any of your interactions with any Coach or any User of the Services be deemed or construed to create a physician-patient or clinician-patient relationship or a fiduciary duty of any kind whatsoever. IF IKONIC LLC BECOMES AWARE OF OR SUSPECTS ANY MEDICAL OR MENTAL CONDITIONS OR ILLNESS, IKONIC LLC MAY, AT ITS SOLE DISCRETION, TERMINATE ALL OR ANY PORTION OF THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH COACHES AND/OR OTHER MEMBERS WHEN USING THE SERVICES.
All Rights Reserved. No part of these services or other materials provided by IKONIC LLC., or its employees, consultants, writers and affiliates may be reproduced or transmitted in any form, or by any means, electronic or mechanical without written permission from the company.
2. User Obligations.
You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Sites and Services. You also acknowledge and agree that your use of the Internet and access to the Sites is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, IKONIC, LLC. is not responsible for the security of any information transmitted to or from the Sites. IKONIC, LLC.. reserves the right to prohibit or terminate use of or access to the Sites at any time, without notice, for any reason whatsoever.
3. License Grant.
This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Sites conditioned on your continued compliance with these TOU. You may print and download materials and information from the Sites solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
4. Prohibited Activities.
The Sites and the Services are not intended for children under the age of 13 and children under 13 should not use the Sites or the Services. You acknowledge and agree that the Sites and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of IKONIC, LLC., its Licensors or our content providers. Unless otherwise specified in writing, the Services are for your personal and non-commercial use. In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not: 1. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services; 2. Access the Sites or Services by any means other than through the standard industry-accepted or IKONIC, LLC.-provided interfaces; 3. Post or transmit any material that contains a virus or corrupted data; 4. Delete any author attributions, legal notices or proprietary designations or labels; 5. Violate any applicable local, state, national or international law, rule or regulation or use the Sites and/or the Services for any purpose that is prohibited by these TOU; 6. Manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology; 7. Register, subscribe or unsubscribe any party for any IKONIC, LLC. product or service if you are not expressly authorized by such party to do so; 8. Use the Sites or the Services in any manner that could damage, disable, overburden or impair IKONIC, LLC.’s servers or networks, or interfere with any other user’s use and enjoyment of the Sites and/or the Services; 9. Gain or attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to IKONIC, LLC. through hacking, password mining or any other means; 10. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services or harvest or otherwise collect information about other users without their consent; 11. Use the sites in any manner that could damage, disparage, or otherwise negatively impact IKONIC, LLC. In addition, you agree to comply with our Posting Guidelines below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY IKONIC, LLC. TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
5. Message Boards, Chat Rooms and Posting Guidelines.
IKONIC, LLC. hosts message boards, chats and other public forums on its Sites and through the Services. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers of the Sites. These are public forums and any information that you post on the Sites or through the Services may be seen by anyone on the Internet. Any user will have the ability to edit or delete their own posts after posting. When posting information on the Sites or through the Services, use good taste when discussing sensitive topics. Both users and moderators are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and don’t post rumors or negative opinions that are not supported by facts. Unless the information in your post arises directly from your personal experience, references to any health-related or medical information you provide must be included in your post.
In addition to the prohibited activities described above, when posting information and media on the Sites or through the Services you must not:
Post anything that interferes with or disrupts the Sites or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network or the Sites;
Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;
Post statements or materials that violate other contractual or fiduciary rights, duties or agreements;
Post or upload personal information, pictures, videos or any other media of another person without their express permission;
Delete or revise any material posted by any other person or entity;
Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;
Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
Post statements or materials that in any way harm minors;
Post statements or materials that impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of IKONIC, LLC.;
Post statements or materials that misrepresent your affiliation with any entity and/or IKONIC, LLC.;
Post anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
Post statements or materials that constitute junk mail, spam or unauthorized advertising or promotional materials, including, without limitation, links to commercial products or services or any political campaigning;
Post material that in the sole judgment of IKONIC, LLC. is objectionable or restricts or inhibits any person or entity from using or enjoying any interactive features or other portions of the Site, or which may expose IKONIC, LLC. or its users to harm or liability of any nature; or
Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right. IKONIC, LLC. does not have any express burden of responsibility to provide any user with indications, markings or anything else that may aid any user in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such submission.
Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats or other public forums in the future. IKONIC, LLC. or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations. IKONIC, LLC. and its Licensors expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will IKONIC, LLC., its Licensors, or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of IKONIC, LLC., its Licensors or any of their subsidiaries or affiliates. IKONIC, LLC. and its Licensors have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that we reserve the right to monitor the same at our sole discretion. IKONIC, LLC. employees typically moderate our boards on a daily basis. Unless otherwise stated, these moderators are not medical professionals and should not be construed as such. Our moderators reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. In addition, IKONIC, LLC. and IKONIC, LLC.’s moderators reserve the right to contact users to inform them of policies, hide users’ posts or delete users’ accounts without warning or notice in advance, for any reason, including but not limited to the violation of these Terms. By sending or transmitting to us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, “Submission Materials”), or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to IKONIC, LLC. shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorizations to allow IKONIC, LLC.'s use of such Submission Materials in accordance with such license. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.
6. Commercial Transactions.
Certain products or services may be offered for sale on the Sites or through the Services. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by IKONIC, LLC. or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing IKONIC, LLC. with your credit card number and associated payment information, you agree that IKONIC, LLC. and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Services and/or purchase of products. In the event that access to an applicable Service requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice your account at the beginning of each recurring period. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify IKONIC, LLC. of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys’ fees. To review the billing terms on your account or to terminate a subscription service, you may email or call (937) 248-4163, Monday through Friday, 9 a.m. to 5 p.m. PST.
7. Third Party Content.
Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Sites by third parties, including information providers, are those of the respective authors or distributors and not IKONIC, LLC. Neither IKONIC, LLC., its Licensors nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither IKONIC, LLC. nor its Licensors endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on any of the Sites or Services by anyone other than an authorized IKONIC, LLC. or Licensor representative while acting in his/her official capacity. You may be exposed through the Sites or Services to content that violates our policies, is sexually explicit or is otherwise offensive. You access the Sites and Services at your own risk. We take no responsibility for your exposure to third party content on the Sites or the Services. IKONIC, LLC. and its Licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that we do not advocate the use of any product or procedure described in the Sites or through the Services, nor are we responsible for misuse of a product or procedure due to typographical error.
8. Sweepstakes, Contests and Games.
If IKONIC, LLC. conducts a sweepstake, contest, or game on the Sites, the rules governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstake, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
9. Accounts, Passwords and Security.
If any of the Sites or Services require you to open an account, you must complete the registration process by providing IKONIC, LLC. with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to IKONIC, LLC. which is untrue, inaccurate, not current or incomplete, IKONIC, LLC. reserves the right to terminate your access and use of the Sites and/or the Services. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify IKONIC, LLC. immediately of any unauthorized use of your account or any other breach of security. Neither IKONIC, LLC. nor its Licensors will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by IKONIC, LLC., its Licensors or another party due to someone else using your account or password.
10. Linking to the Sites.
We reserve the right to disallow you to link to the Sites at any time in our sole discretion. If we exercise such right, you agree to immediately remove and disable any and all of your links to the Sites. In the absence of a written agreement with us specifying how you may link to the Sites, use the following guidelines for adding one or more links to the Sites from your website:
The link must be a text-only link that clearly includes the URL of the applicable Site;
If the link points to any page on a Site other than the home page, the text link must also include the title of the target landing page;
The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our good name and trademarks;
The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by us;
The link, when activated by a user, must display the Site full-screen and not within a “frame” on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows; and
The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.
11. Disclaimer Regarding Linked Third Party Sites.
The links on any of the Sites and/or Services will let you leave the particular Sites or Service you are accessing in order to access a linked third party site (the “Linked Sites”). IKONIC, LLC. provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has IKONIC, LLC. reviewed or approved the content which appears on the Linked Sites. IKONIC, LLC. is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Sites. You acknowledge and agree that IKONIC, LLC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
12. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through our Sites and Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that IKONIC, LLC. shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
14. Disclaimer of Warranties.
THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IKONIC, LLC., ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITES OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITES OR THE SERVICES.
15. Limitation of Liability.
NEITHER IKONIC, LLC. NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF IKONIC, LLC. OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITES AND/OR SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
15.1 Assumption Of Risk
By accessing this site and/or utilizing its services, you agree that if you engage in any physical exercise or activity affiliated with IKONIC LLC, including personal training, a promotional event, or an otherwise affiliated service, or enter the premises or use any facility or equipment on the premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by a Trainer or other person representing or affiliated with IKONIC LLC, including injuries or damages arising out of the negligence of Trainer or other person representing or affiliated with IKONIC LLC, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns.
Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment.
You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.
You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer or other person representing or affiliated with IKONIC LLC (and any other affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer or other person representing or affiliated with IKONIC LLC, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns.
This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.
You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against trainer for trainer’s or other person representing or affiliated with IKONIC LLC negligence, or for any defective product used while receiving personal training from the Trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
You agree to indemnify, defend and hold IKONIC, LLC. and its Licensors, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these TOU; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Sites or the Services.
17. Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by IKONIC, LLC. infringe your copyright, you or your agent may send to IKONIC, LLC. a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon IKONIC, LLC. actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to IKONIC, LLC. a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work that you claim has been infringed;
Identification of where the material that you claim is infringing is located on the Site or Service reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number and, if available, your email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
IKONIC, LLC. Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Designated Agent: Daniel Rosenthal; Address of Agent: 2787 California Street, Suite A, San Francisco, CA 94115; Telephone: (888) 838-0842 Email: email@example.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
18. Jurisdictional Issues.
IKONIC, LLC. makes no representation or warranty that the content and materials on the Sites or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. IKONIC, LLC. reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
You agree that IKONIC, LLC., in its sole discretion, may terminate your password, account (in whole or in part) or use of the Sites or Services, and remove and discard any content within the Sites or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
20. Governing Law.
These TOU and the relationship between you and IKONIC, LLC. shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You and IKONIC, LLC. irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the County of Seminole, in the State of Florida, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
21. Waiver and Severability.
The failure of IKONIC, LLC. to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of any remaining provisions.
22. Successors and Assigns.
We may perform any of our obligations or exercise any of our rights under this TOU through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If IKONIC, LLC. or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this TOU. You may not assign your rights or obligations under this TOU, by operation of law or otherwise, without our prior written consent.
23. Updates. We may modify these TOU at any time, as we deem appropriate. If you disagree with the changes to the TOU, you must discontinue your use of the Sites and Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Sites or Services following such notice signifies your acceptance of the modified TOU. It is your responsibility to review the TOU regularly to be aware of such modifications. We reserve the right to modify or discontinue the Sites or Services with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Sites or Services. If you object to any such changes, your sole recourse will be to cease access to the Sites or Services. Continued access to the Sites or Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Sites or Services as so modified and your use of new Services will be governed by these TOU.
24. Fees, Renewal, Cancellations & Refund Policies
If you are a subscriber to our Subscription Services, you further agree as follows:
a. Agreement to Pay.
(i) Personal Subscription Services or Subscription. If you are a Personal Subscription Service User, you will be responsible for the periodic and fixed charges and fees (including prepayment plan fees for multiple periods or recurring monthly fees) you selected at the time of subscription. Applicable taxes, and other charges and fees incurred in order to access the Services may also apply.
(ii) Corporate or Business Services. Corporate or Business Services are generally purchased by our third-party commercial customers (“Business Customers”) for a specified period, and a Business Customer generally provides you with unique instructions or information to access our materials and services. In such instance, your access to Corporate or Business Service has been paid for by our Business Customer, and you will be able to use Corporate or Business Service features until the expiration of a specified term agreed between IKONIC LLC. and such Business Customer.
b. Auto-Renewal. Unless your Services have been paid for by one of our Corporate or Business Customers, your Subscription Service membership will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Until you cancel, we will charge or debit your payment method at the beginning of your subscription. Your non-cancellation of the Personal Subscription Services or continued use of the paid subscription features of the Personal Subscription Services will reaffirm that we are authorized to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your subscription will be automatically cancelled effective as of the end of your current billing cycle. The renewal charge will generally be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above.
c. Cancellation of Personal Subscription Services. You can cancel your subscription for our Premium Services at any time by contacting your IKONIC Representative directly. We will attempt to process all cancellation requests within 72 hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you terminate your paid subscription for Personal Subscription Services, your subscription will remain active until the end of your then-current subscription period.
d. No Refund Policy.
(i) All fees and charges assessed by IKONIC LLC are non-refundable.
(ii) If you choose to cancel your subscription within your trial period, you will not be charged for the subscription. Your Premium Services will expire within four days from the cancel date, and your account will revert to Basic Services.
(iii) If you terminate your paid subscription for Premium Service after the trial period, your subscription will remain active until the end of your subscription period, and no subsequent charges will be processed.
e. Modifications. We reserve the right to revise the terms of the fee charge, cancellation and refund policies, upon reasonable advance notice communicated to you through a posting on the Website and/or Mobile App or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). Any changes made will apply to all memberships created or renewed after the date such change was implemented.
25. LIMITATION OF LIABILITY
You expressly understand and agree that in no event shall IKONIC LLC, its affiliates or any of its or their respective third-party service providers, licensors and suppliers be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use the services; (b) the use of any content or other material on the website, our applications or applications linked to our applications, (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services; (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on our services; or (f) any other matter relating to the services.
You, on behalf of yourself, your personal representatives and your heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify IKONIC LLC, its affiliates and any of IKONIC LLC’s and its affiliates’ officers, directors, shareholders, employees, agents, affiliates, representatives, sublicensees, successors and assigns from any and all claims, actions or losses for bodily injury, property damage, wrongful death, emotional distress, loss of services or other damages or harm, whether to you or to third parties, which may result from your use of the services.
The maximum liability of IKONIC LLC and its affiliates and its or their respective third-party service providers, licensors and suppliers to you under all circumstances for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) shall not exceed the amount paid by you, if any, for accessing our services. If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between IKONIC LLC and you. The services would not be provided without such limitations.
Any cause of action by you arising out of or relating to the services, or these terms & conditions must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these terms & conditions.
26. INTELLECTUAL PROPERTY
a. Software. You acknowledge and agree that the Services and all intellectual property rights associated therewith are, and shall remain, the property of IKONIC LLC (and, where applicable, its licensors). Furthermore, you acknowledge and agree that the source and object code of the Website and/or Mobile App and the format, directories, queries, algorithms, structure and organization of the Website and/or Mobile App are the intellectual property and proprietary and confidential information of IKONIC LLC and its affiliates, licensors and suppliers. Except as expressly stated in these Terms & Conditions, you are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in these Terms & Conditions are hereby reserved and retained by IKONIC LLC.
b. Trademarks. IKONIC LLC, ikonicbody.com, IKONIC Body and the IKONIC logo (collectively, the “IKONIC Marks”) are trademarks or registered trademarks of IKONIC LLC. Other trademarks, service marks, graphics, logos and domain names appearing on the Website, Mobile App or in other Content provided to you may be the trademarks of third-parties. Neither your use of the Services, nor these Terms & Conditions, grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the IKONIC LLC Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the IKONIC LLC Marks generated as a result of your use of the Services will inure to the benefit of IKONIC LLC, and you agree to assign, and hereby do assign, all such goodwill to IKONIC LLC. You shall not at any time, nor shall you assist others to, challenge IKONIC LLC ‘s right, title, or interest in or to, or the validity of, the IKONIC Marks.
c. Copyrighted Materials; Copyright Notice. All content and other materials available through the Services, including without limitation the IKONIC logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by IKONIC LLC or are the property of IKONIC LLC’s licensors and suppliers. Except as explicitly provided, neither your use of the Services nor these Terms & Conditions grant you any right, title or interest in or to any such content or materials.
d. Copyright Complaints. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Services (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have evidence, know, or have a good faith belief that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information:
(i) a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
(ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website and/or Mobile App are covered by a single notification, a representative list of such works);
(iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website and/or Mobile App;
(iv) your name, mailing address, telephone number and email address;
(v) a statement by you that you have 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; and
(vi) a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to the Services should be sent to our designated agent for notice of claims of copyright infringement: IKONIC LLC, email at firstname.lastname@example.org
27. MISCELLANEOUS TERMS
If any provision of these terms shall be found by a court of competent jurisdiction to be unlawful, invalid, void or voidable, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, 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.
28. RESEARCH POLICY
We are committed to validating our approach to lifelong behavior change using science. We never sell any of your information without your prior written authorization and publish only aggregated data.
By using our services, you are consenting to any or all of IKONIC LLC’s current studies.
You have the right to opt-out of research. If you would not like your information used in our studies, please email us at email@example.com