By using the Kourtney Thomas website, www.kourtneythomas.com (the “Site”), you agree to be bound by the Terms of Use. We may change the Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, please exit the Site immediately.

Kourtney Thomas (the “Company”) strongly recommends that you consult with your physician before beginning any exercise program. The content on the Site is provided for informational and entertainment purposes only and is not intended in any way to take the place of professional medical advice. You should be in good physical condition and be able to participate in the exercise. Company is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.

Scientific knowledge is constantly changing, and the information presented on this Site may not necessarily be up-to-date, complete, correct or applicable to your condition or situation on the date of access.

The use of information presented on this Site is for your information and entertainment only and does not amount to the offering of expert advice. Therefore, neither this Site nor the use of the information on this Site creates a trainer-trainee relationship between you and the Company, and we will not be held responsible for any injuries or problems that could occur from the use of this Site or the advice contained in it.

2. LIMITATION OF LIABILITY

You should understand that when participating in any exercise program, there is the possibility of physical injury. If you use the information provided in this Site, or engage the services of the Company, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge the Company, its agents, heirs, assigns, contractors, and employees (“Representatives”) from any and all claims or causes of action, known or unknown, arising out of Company’s or its Representative’s negligence. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS SUBSIDIARIES OR LICENSORS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILTIY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

3. YOUR PRIVACY

Protecting your privacy is extremely important to us. In exchange for your trust, we promise to observe the following principles: We will ask only for the information we need in order to provide the highest level of service to you. We will not release personally identifying information about you without your consent. You can update your personally identifying information at any time.

4. INFORMATION AND SERVICES

You acknowledge and agree that our Site contains proprietary information that is protected by applicable intellectual property and other laws. All information provided by Company on these Web pages is owned by or licensed to the Company. Company and its licensees retain all proprietary rights to the information contained on these pages to the fullest extent of their rights. The information contained on these pages may not be downloaded or reproduced, except for use by members of Company for use only as prescribed by Company, with appropriate consultation with the user’s health care provider.

There are links contained on this Site that lead to other resources on the internet. These links have been provided for your convenience, and to help you locate other resources of interest. Company does not maintain, and is not responsible for, the content of any of these websites, and also does not endorse or sponsor any part of the content linked to their web pages. When you access any of these websites, you do so at your own risk.

Company does not warrant that the information on the Site or in email messages will not contain material that you or other individuals may find objectionable. However, we will investigate complaints, and we appreciate your input.

5. GENERAL DISCLAIMER

Exercise and health are matters that vary from person to person. Viewers of this Site should speak with their own doctors about their individual needs before starting any exercise program. This Site is not intended as a substitute for the medical advice and supervision of your personal physician. Any application of the recommendations set forth in the Site is at the viewer’s discretion and sole risk. See your physician before beginning any exercise program. This is especially important if you or your family has a history of heart disease, high blood pressure, high cholesterol, diabetes, arthritis, obesity, cigarette smoking, or other health conditions. If you have any doubts whatsoever, consult your physician.

6. TESTIMONIAL and RESULTS DISCLAIMER

All the testimonials are real. However, it must be disclaimed that these testimonials are not claimed to represent typical results with the Company. They are meant to showcase what the most motivated and dedicated can achieve.

Your results may vary, and you may not get the same results compared to someone else when using the Company’s services due to differences in your individual exercise history, genetics, and personal motivation/dedication. The end results you get will depend upon the individual and how much effort you put in. We cannot guarantee your future results and/or success, nor can we guarantee that you will maintain the results you experience if you do not continue following the program. The use of our information and services should be based on your own due diligence and you agree that the Company is not liable for any success or failure that is directly or indirectly related to the use of our information or services.

7. INTEGRATION and SEVERABILITY

The Terms of Use constitutes the entire agreement between the Company and you with the respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of the Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

8. HEADINGS

Section titles in the Terms of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.