TERMS AND CONDITIONS
This website (“Site”) is owned and operated by ULTIMATUM X™ Corporation (“ULTIMATUM X™”) in Frisco, TX, and its third-party licensors and its affiliates (“ULTIMATUM X™”). By visiting or shopping at this site you accept these conditions, so please read them carefully. We reserve the right at our discretion to revise these Terms and Conditions from time to time. Please check these Terms and Conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you have actually reviewed them. If you do not agree to abide by these Terms and Conditions, please do not enter or make any use of the Site.
Please review our Privacy Statement, which also governs your visit to the Site, to understand our practices.
GIVEAWAY OFFICIAL RULES
Please review our ULTIMATUM X™ Giveaway Official Rules, which govern all Giveaways and Giveaway participation. 30 DAY WEIGHT LOSS CHALLENGE Please review our ULTIMATUM X™ 30 Day Weight Loss Challenge Official Rules, which govern all Challenges and Challenge participation.
LOST OR STOLEN PACKAGES
ULTIMATUM X is not responsible for lost or stolen packages confirmed to be delivered to the address entered for an order. Upon inquiry, ULTIMATUM X will confirm delivery to the address provided, date of delivery, tracking information and shipping carrier information for the customer to investigate.
You acknowledge and agree that: ULTIMATUM X™ makes no representations or warranties of any kind or nature with respect to the information or content posted on this web site. ULTIMATUM X™ hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchant-ability, fitness for a particular purpose, title or non-infringement. In no event shall ULTIMATUM X™ be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this internet site and/or the information or content posted on this web site, regardless of whether ULTIMATUM X™ has been advised as to the possibility of such damages. ULTIMATUM X™ is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this web site, ULTIMATUM X™ will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its web site; such information should, therefore, be considered as suspect and is not endorsed by ULTIMATUM X™.
This Web site may contain forward-looking statements that reflect ULTIMATUM X™ current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. ULTIMATUM X™ intends to update this site on a regular basis but assumes no obligation to update any of the content.
You should not rely on information provided herein, by a ULTIMATUM X™ athlete, employee, or affiliate, as a substitute for, nor does it replace, professional medical advice, diagnosis, or 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 your 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 in this communication. The use of any information because of something you may have read in this communication is solely at your own risk. Seek professional medical advice prior to participating in or practicing any exercise, movement, or nutritional program disclosed, suggested, or referred to in connection with your use of this communication and/or the products and services.
DISCLAIMER – SPECIFIC TO ONLINE COACHING
Subject to 15 U.S.C. §§41-58 and N.J.S.A. 56:8-1 et seq., note that the communications including the workout and diet plans may or may not be performed directly by the athlete with whom the service is marketed. To that end, the athlete has authorizedULTIMATUM X™ to communicate on his/her behalf. Nevertheless, in those cases, each and every workout and diet plan is reviewed and approved by the athlete.
All content included on this Site, including, but not limited to, text, graphics, photographs, images, button icons, page headers, moving images, sound, illustrations and software (“Content”), is owned by ULTIMATUM X™ and/or its third-party providers and is protected by United States and international copyright laws. ©ULTIMATUM X™ Corporation. ALL RIGHTS RESERVED. You may not modify, remove, delete, augment, add to, publish, display, transmit, re-transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may download or make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content displayed on this Site without obtaining the prior written permission of ULTIMATUM X™. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site, the Content, or any information displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written permission of ULTIMATUM X™ or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
All trademarks, service marks and trade names of ULTIMATUM X™ are trademarks or registered trademarks of ULTIMATUM X™ or its affiliates and third-party licensors, including, but not limited to: ULTIMATUM X™. Nothing contained in or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks or other intellectual property rights displayed in or on the Site unless the prior written consent of ULTIMATUM X™ has been obtained. Other than as expressly provided by these Terms and Conditions, your use of the trademarks or any other intellectual property rights or any Content in or on the Site in any way whatsoever is strictly prohibited. ULTIMATUM X™ operates a worldwide program to enforce its intellectual property rights to the fullest extent of the law.
You may not download (other than page caching) or modify the Site or any portion of it, without our express prior written consent. This includes: a prohibition on any resale or commercial use of the Site or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or the Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, browsers, spiders, avatars or intelligent agents or similar data gathering and extraction tools other than the search engine and search agents available from ULTIMATUM X™ on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ULTIMATUM X™ without our express prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our prior written consent. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. ULTIMATUM X™ will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
DIGITAL MILLENNIUM COPYRIGHT ACT
Text Marketing and notifications:
By entering your phone number in the checkout and initialising a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed [INSERT A NUMBER] a month. You acknowledge that consent is not a condition for any purchase. If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.
For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.”