Disclaimer

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THIS SITE DOES NOT PROVIDE MEDICAL ADVICE.

The Contents of the Xhoosh.com Site, such as text, graphics, images, information obtained from Xhoosh’s licensors, and other material contained of the Xhoosh.com Site (“Content”) are for informational purposes only. This site offers health, fitness and nutritional information and is designed for educational 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, you should always consult with a physician or other health-care professional with any question you may have regarding a medical condition or injury that contraindicates physical activity. 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 this site. The use of any information provided on this site is solely at your own risk.

Developments in medical research may impact the health, fitness and nutritional advice that appear here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.

You should consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs and also if you are taking any medications, you must talk to your physician before starting any exercise program, including Turbulence Training.. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. Don’t perform any exercise without proper instruction. Always do a warm-up prior to strength training and interval training.

This program is designed for healthy individuals 18 years and older only.

If you think you may have a medical emergency, call your doctor or emergency services immediately. Xhoosh! does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Xhoosh!, Xhoosh! employees, others appearing on the Site at the invitation of Xhoosh!, or other visitors to the Site is solely at your own risk.

Certain health or medical material on this site may be sexually explicit. Please do not use this site if you would find these materials offensive.

The information is provided by xhoosh.com and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profit arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of xhoosh.com. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, xhoosh.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

LIABILITY OF XHOOSH! AND ITS LICENSORS.

The use of the Xhoosh.com Site and the Content is at your own risk. When using the Xhoosh.com Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Xhoosh!. Accordingly, Xhoosh! assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Xhoosh.com Site.

The Xhoosh.com Site and the Content are provided on an “as is” basis.

XHOOSH!, ITS LICENSORS, AND IT’S SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGMENT OF THIRD PARTY’S RIGHT, AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, Xhoosh!, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Xhoosh.com Site or Xhoosh!.
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Xhoosh.com Site.

In no event shall Xhoosh!, its licensors, its suppliers, or any third parties mentioned on the Xhoosh.com Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Xhoosh.com Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Xhoosh! is advised of the possibility of such damages.

Xhoosh! is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.

Xhoosh! may select certain sites as priority responses to search terms you enter and Xhoosh! may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Xhoosh! does not recommend and does not endorse the content on any third -party websites. Xhoosh! is not responsible for the content of linked third-party sites, sites framed within the Xhooh.com Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the Terms of Use for such sites. Xhoosh! does not endorse any product advertised on the Xhoosh.com Site.

INDEMNITY.

You agree to defend, indemnify, and hold Xhoosh!, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

GENERAL.

If you access the Xhoosh.com Site from outside the Republic South Africa, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION.

You expressly agree that exclusive jurisdiction for any dispute with Xhoosh!, or in any way relating to your use of the Xhoosh.com Site, resides in the courts of the Republic of South Africa and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Republic of South Africa  in connection with any such dispute including any claim involving Xhoosh! or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of Use are governed by the internal substantive laws of the Republic of South Africa, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

COMPLETE AGREEMENT.

Except as expressly provided in a particular “legal notice” on the Xhoosh.com Site, these Terms of Use and the Xhoosh! Privacy Policy and Agreement constitute the entire agreement between you and Xhoosh! with respect to the use of the Xhoosh.com Site, and Content.

Thank you for your cooperation. We hope you find the Xhoosh.com site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail to Emmerentia@xhoosh.com or via mail to PO Box 41100, Moreletarif, Pretoria, 0044, SOUTH AFRICA.

Effective: October 2011

Copyright (c) 2011 Xhoosh! All Rights Reserved.