Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of Power Health and Performance ("Website"), which is owned and operated by Power Health and Performance Inc. ("Company"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to all of the Terms, you may not use the Website.

2. Use of the Website

The Website is provided for your personal, non-commercial use only. You may not use the Website for any purpose that is illegal or unauthorized. You agree not to:

  • Use the Website in any way that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website.

  • Attempt to gain unauthorized access to the Website or any related systems or networks.

  • Use the Website to collect or store personal information about others.

  • Use the Website for any commercial purpose without our express written consent.

  • Impersonate any person or entity or make any false statement.

3. Content

The Website contains content that is owned or licensed by the Company. This content is protected by copyright and other intellectual property laws. You may not modify, reproduce, distribute, display, publish, transmit, or create derivative works from any of the content without the prior written consent of the Company.

4. User-Generated Content

The Website may allow you to submit content, such as text, images, or videos ("User-Generated Content"). You retain all ownership rights to your User-Generated Content. However, by submitting User-Generated Content to the Website, you grant the Company a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User-Generated Content in any media or format.

5. Third-Party Sites and Services

The Website may contain links to third-party websites and services. These links are provided solely as a convenience to you. The Company is not responsible for the content or practices of any third-party websites or services. You should review the terms and conditions of any third-party websites or services before using them.

6. Termination

The Company may terminate your access to the Website at any time, for any reason, without notice. Upon termination, you must cease all use of the Website. The Company may also terminate your access to the Website if you violate any of these Terms.

7. Disclaimer

THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE.

9. Indemnification

You agree to indemnify and hold harmless the Company, its officers, directors, employees, agents, and licensors from and against any and all claims, losses, expenses, liabilities, damages, and costs, including reasonable attorneys' fees, arising out of or in any way related to your use of the Website or your violation of these Terms.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms shall be resolved exclusively by the courts located in Westchester County, New York.

11. Entire Agreement

These Terms constitute the entire agreement between you and the Company concerning your access to and use of the Website.

12. Contact Information

If you have any questions about these Terms, please contact us at info@powerhealthandperformance.com