YOUR USE OF THE GYMPAD, GYMPADFITNESS.COM AND ANY OTHER CONTENT, INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR PROVIDED BY OR THROUGH THE GYMPAD OR THE WEBSITE OTHERWISE BY GYMPAD,("GYMPAD"), IS VOLUNTARY AND SOLELY AT YOUR OWN RISK AND RESPONSIBILITY. GYMPAD IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, INJURY OR HEALTH PROBLEMS THAT MAY RESULT OR ARISE FROM YOUR USE OF THE GYMPAD, ANY INFORMATION OBTAINED FROM THE GYMPAD, AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR THROUGH GYMPAD, INCLUDING, WITHOUT LIMITATION, WORKOUTS, TRAINING PROGRAMS, OR WORKOUT OR TRAINING INFORMATION (COLLECTIVELY, THE "CONTENT"). YOU ACKNOWLEDGE AND AGREE THAT WHEN PARTICIPATING IN ANY EXERCISE OR EXERCISE PROGRAM, AND/OR WHEN USING ANY FITNESS PRODUCTS OR SERVICES, THERE IS AN INHERENT AND SIGNIFICANT RISK OF PHYSICAL INJURY AND/OR DEATH AND THAT YOU KNOWINGLY, WILLINGLY AND VOLUNTARILY ASSUME ANY AND ALL KNOWN AND UNKNOWN RISKS AND RESPONSIBILITIES ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF GYMPAD.

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THE GYMPAD AND WEBSITE INCLUDES INFORMATION AND INSTRUCTIONS RELATING TO EXERCISE AND FITNESS. THE GYMPAD, WEBSITE AND THE CONTENT SHOULD BE USED ONLY IN CONJUNCTION WITH QUALIFIED MEDICAL GUIDANCE, AND IS NOT INTENDED TO BE, OR SHOULD BE USED AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, CONSULTATION, DIAGNOSIS, OR TREATMENT. BEFORE BEGINNING OR PARTICIPATING IN ANY EXERCISE OR FITNESS PROGRAM OR USING ANY FITNESS PRODUCTS OR SERVICES THAT MAY BE DESCRIBED AND/OR MADE ACCESSIBLE IN OR THROUGH THE WEBSITE AND/OR THE CONTENT, WE STRONGLY RECOMMEND THAT YOU, AND BY USING THE WEBSITE YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE, CONSULT WITH A PHYSICIAN, NUTRITIONIST, DIETITIAN OR OTHER MEDICAL OR HEALTHCARE PROVIDER REGARDING YOUR USE OF THE WEBSITE AND CONTENT. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE OR TREATMENT BECAUSE OF THE JOURNAL OR WEBSITE OR ANY CONTENT. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND GYMPAD. GYMPAD IS NOT A LICENSED MEDICAL CARE PROVIDER, IS NOT RENDERING PERSONAL MEDICAL ADVICE OR TREATMENT, AND HAS NO EXPERTISE IN ADVISING ON, DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC EXERCISE ON A MEDICAL CONDITION. SHOULD YOU HAVE A MEDICAL EMERGENCY, CALL THE EMERGENCY SERVICES IMMEDIATELY.

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YOU HEREBY WAIVE AND RELEASE GYMPAD, AND ITS MEMBERS, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND CONTRACTORS, (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, ACTIONS, DEMAND, CAUSES OF ACTION, INJURIES, COSTS, DAMAGES, LOSSES OR OTHER LIABILITIES, INCLUDING WITHOUT LIMITATION ATTORNEYS FEES AND COSTS (COLLECTIVELY, "CLAIMS"), RELATED TO OR ARISING FROM THE JOURNAL OR WEBSITE, ANY CONTENT OR OTHERWISE RELATED TO YOUR EXERCISE, FITNESS OR MEDICAL CONDITIONS, WHETHER KNOWN OR UNKNOWN, EXISTING OR SUBSEQUENTLY ARISING OR DIAGNOSED. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED TO OR ARISING FROM ANY CLAIM RELATED TO OR ARISING FROM THE JOURNAL OR WEBSITE, ANY CONTENT OR OTHERWISE RELATED TO YOUR EXERCISE, FITNESS OR MEDICAL CONDITIONS, WHETHER KNOWN OR UNKNOWN, EXISTING OR SUBSEQUENTLY ARISING OR DIAGNOSED, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. YOU AGREE TO INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS OF AND FROM ANY CLAIM MADE BY ANY THIRD PARTY RELATED TO OR ARISING FROM YOUR PARTICIPATION OR ACTIVITY IN THE JOURNAL OR WEBSITE, ANY CONTENT USED BY YOU OR OTHERWISE RELATED TO YOUR EXERCISE, FITNESS OR MEDICAL CONDITIONS, WHETHER KNOWN OR UNKNOWN, EXISTING OR SUBSEQUENTLY ARISING OR DIAGNOSED.