PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using and accessing this website, you signify that you have read this agreement and that you accept without modification these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to erepsonline.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
This website is provided for information purposes only. Although every care was undertaken in the production of the exercises, and the rehabilitation and exercise programs, this website is not designed to replace professional consultation, reasoning or opinions of medical practitioners.
erepsonline.com is intended for use by licensed health care professionals. erepsonline.com is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The User of this website does so at their own risk. Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about exercise rehabilitation programs, medications and other treatments, users should always consult their physician or other qualified healthcare professional. erepsonline.com is not responsible for any health problems or injuries that may result from use of any of the training programs, information, products, or events you learn about through the website.
The website includes information and databases intended for use by healthcare professionals. The website does not give professional advice. Physicians and other healthcare professionals who use the website should exercise their own clinical judgment as to the information provided.
The User should not use this website as a basis for diagnosing or treating any health problem or disease without consulting with a qualified health care provider.
If you choose to use this website, the User agrees that the prescription of the exercises are within the boundaries of your professional scope, governed by the appropriate professional registration body and their laws.
The User agrees and warrants that in prescribing the exercises on this website to patients or clients, he or she is practicing within the boundaries of their expertise and that he or she retains the appropriate professional indemnity insurance required by their professional registration bodies.
You expressly acknowledge and agree that erepsonline.com shall not be responsible for any damage, loss, or injury to persons or property caused, or alleged to have been caused, directly or indirectly, by any exercise, exercise program, instruction, information, product, or ideas provided, suggested or referenced on the website. No advice or information, whether oral or written, obtained by you from the website shall create any warranty not expressly made in the Agreement.
You may use the website only for the purposes set out in the Subscription and Website Access clause. While erepsonline.com has no obligation to monitor the website and is not responsible for the accuracy of any content or data uploaded onto the website, erepsonline.com reserves the right to delete, move, edit, refuse or take other appropriate action with respect to such content or data which erepsonline.com, in its sole discretion, deems objectionable or otherwise in violation of this Agreement, including denying access to the website to anyone at anytime. All persons are hereby notified that use of the website constitutes consent to such actions, monitoring and auditing.
SUBSCRIPTION AND WEBSITE ACCESS
By subscribing for the use of the website, erepsonline.com grants you a limited license to access and make personal, non-commercial use only of the website for the purpose of creating customised exercise and rehabilitation programs and educational and instructional handouts according to the provisions contained herein and subject to payment of the applicable subscription fees. Any other copying, redistribution, retransmission or publication of any downloaded material is strictly prohibited without the express written consent of erepsonline.com. Such grant does not include, without limitation: (a) any sale, resale or commercial use of the website or its content; (b) the collection and use of any product or service listings or descriptions; (c) making derivative uses of the website and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any rights or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright or proprietary right of erepsonline.com or any third party.
You may not use, frame or utilize framing techniques to enclose any trademark of erepsonline.com, logo or other proprietary information (including the images found at this website, the content of any text or the layout/design of any page or form contained on a page) without erepsonline.com’s express written consent. Further, you may not use any meta tags or any other "hidden text" utilising the erepsonline.com name, trademark or product name without erepsonline.com’s express written consent.
Notwithstanding the above, erepsonline.com may rely on the authority of anyone accessing your account or using your password and under no circumstances shall erepsonline.com be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of erepsonline.com under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. Any unauthorized use of this website will terminate the license granted under this Agreement and may violate any applicable laws including copyright, trademark (including trade dress), and communications regulations and statutes. erepsonline.com reserves the right to prosecute all violators to the fullest extent of the law.
It is understood that in order to use this website, a modern browser such as Internet Explorer 9+, Firefox 21+, Safari 5.1+ or Google Chrome 16+ is required. Additionally, a stable connection to the Internet is required. The website may work in a limited manner on other web browsers (such as earlier versions of the previously mentioned browsers), but the website was not designed for use on web browsers other than those recommended above.
OPERATING AND ACCEPTABLE USER POLICIES
All access to and use of the services and materials available on the website, including online data communication services, is governed by and subject to the following operating and acceptable use policies. erepsonline.com has the right, but not the obligation, to suspend or terminate your access and use of the website and related services and materials at any time, and block or remove any communications and materials that erepsonline.com believes in its sole discretion may violate applicable law, these operating and acceptable use policies or a third party's rights. By using the website, you agree not to do any of the following:
Use a "Single User Subscription" of the website on more than 1 device simultaneously; Use a "Three User Subscription” of the website on more than 3 devices simultaneously; Use a "Five User Subscription” of the website on more than 5 devices simultaneously; Use a “Custom User Subscription" of the website on more than the total number of allowed devices determined by erepsonline.com. (The User and erepsonline.com will determine and agree upon a “Custom User Subscription” including the number of devices, as well as multiple geographical locations); Save the services and materials on the website to your hard disk or other storage medium; Permit people other than you (the user or subscriber of the website) to use the website; Copy, print, edit, distribute or display any information, in any way, that has been created using the website after your monthly subscription period has expired; Upload in order to display or make available to people other than you, a custom exercise program or rehabilitation program or information sheet created using erepsonline.com, to a network or web server without the express written permission of erepsonline.com; Publish or otherwise disseminate the username and/or password provided to you by erepsonline.com; Copy, modify, reverse engineer, disassemble, redistribute, republish or adapt the website; Make derivative works based on the website; Publish or otherwise disseminate the website; Delete any author attributions, legal notices, or proprietary designations or labels that you upload; Manipulate or otherwise display the website or any of its content by "deep linking" or "framing" or similar navigational technology; Violate erepsonline.com's security mechanisms, access any data or server you are not authorized to access; or otherwise breach the security of the website or corrupt the website in any way; Use the website in any manner that adversely affects the availability of its resources to other users; Transmit any material that contains a virus or corrupted data; Upload to, distribute or otherwise publish through this website any message, data, information, text or other material ("Content") that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, discriminatory or otherwise injurious to third parties; Upload or transmit any Content that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of erepsonline.com or any third party. Infringement may result from the unauthorized copying and posting or distributing pictures, logos, software, articles, music, or videos. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content; Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity or interfere with other users of the website. Unless you are participating in an area of the website that requires or allows anonymity, you are required to use your real name in online communications; Without erepsonline.com’s prior written permission, publish or upload any unsolicited promotions, goods or services, commercial solicitation or post or transmit any advertising, promotional materials or any other solicitation of other users of the website for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose; Disseminate or host harmful content including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; and/or send unsolicited email messages.
erepsonline.com will use its reasonable endeavours to ensure the website is free from unauthorised Content or Content that infringes this Agreement. However, erepsonline.com takes no responsibility and assumes no liability for any Content uploaded by you or any third party.
We aim to update our website regularly, and may change the content at any time. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time and without prior notice to the User. erepsonline.com will make a current version of the Terms and Conditions of Use available on its website. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. erepsonline.com shall not be held liable for the User’s lack of knowledge of amended Terms and Conditions of Use. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and erepsonline.com’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that erepsonline.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), erepsonline.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services. Use of this website by children under the age of 18 years is strictly prohibited.
DELIVERY OF GOODS
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
erepsonline.com handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of erepsonline.com.
TERMINATION OF SERVICES
erepsonline.com terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued even if you have unused, prepaid amounts for Services under this Agreement.
erepsonline.com may delete any of your archived data within 30 days after the date of termination. Any statutory retention requirements with respect to your business correspondence remain your responsibility.
LINKS TO OTHER WEBSITES
erepsonline.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between erepsonline.com and the owners of those websites. erepsonline.com takes no responsibility for any of the content found on the linked websites.
erepsonline.com’s website may contain information or advertisements provided by third parties for which erepsonline.com accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, erepsonline.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for any particular purpose, title, and non-infringement as to the information, materials, content, services and products on the website.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, erepsonline.com does not represent or warrant that the operation of this website or the materials in this website are accurate, complete, reliable, current, error-free, subject to correction or that any such materials available for download from the site are free of infection or viruses, worms, trojan horses or other code that manifests contaminating or destructive properties. erepsonline.com is not responsible for typographical errors or omissions relating to pricing, text, or photography. While erepsonline.com attempts to ensure your access and use of the website is safe, erepsonline.com cannot and does not represent or warrant that this website or its server(s) will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meets your requirements.
It is your sole responsibility and not the responsibility of erepsonline.com to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. You must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. erepsonline.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data erepsonline.com collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
Any information concerning you and your respective information may be passed to third parties. However, your information is regarded as confidential and therefore will not be divulged to any third party, other than our employees and if legally required to do so to the appropriate authorities. You have the right to request sight of, and copies of any and all your information we keep, on the proviso that we are given reasonable notice of such a request. You are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, erepsonline.com shall issue you with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
erepsonline.com will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by erepsonline.com will only be in connection with the provision of agreed services and products.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of erepsonline.com. erepsonline.com expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then erepsonline.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. erepsonline.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
erepsonline.com expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
INTELLECTUAL PROPERTY RIGHTS
We are the owner of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not modify the paper or digital copies of any materials you have acquired from our website. Trademarks, copyrights or any other proprietary notices must always remain intact. You must not use any illustrations, photographs or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the author(s) of material on our website must always be acknowledged. You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from erepsonline.com. Any unauthorised downloading, re-transmission or other copying or modification of any of the contents may be in breach of statutory or common law rights which could be the subject of legal action. If you print off, copy or download any part of our website in breach of these terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
These terms and conditions represent the whole agreement between you and erepsonline.com concerning your use and access to erepsonline.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
If any portion of this Agreement is found to be invalid or unenforceable at law, the remainder of the Agreement not found invalid or unenforceable shall remain in force and be of full effect.
FITNESS AND EXERCISE
Exercise and health are matters that vary from person to person. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in this exercise or exercise program, 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 erepsonline.com, all its instructors, commentators and any associated with the erepsonline.com website from any and all claims or causes of action, known or unknown.
erepsonline.com and its contents are made available without warranties or guarantees of any kind and erepsonline.com, any contributing author(s) of any articles including any third party contributors, disclaim any and all liability for any type or form of injury, including personal, direct, indirect or consequential or damage of any kind or type resulting from the use of this website or from any information, advice, goods, services or other resources that may be mentioned or made accessible through this website. This includes personal physical injury from performing any exercise described, or any and all forms of injury and/or damage to person, both animate or inanimate, mental, physical, electronic or any and other form of injury. We also disclaim liability caused by intentional or unintentional negligence.
You should always consult a physician before starting a fitness program or changing your diet. Not all exercises, nutrition programs or activities are suitable for everyone. The information presented in this website is in no way intended as a substitute for medical, nutritional or psychological counselling.
All information contained on erepsonline.com, including information relating to medical and health conditions, products, treatments and nutrition is for informational purposes only. The content is also not intended to be a substitute for professional training, nutrition, diet, health, wellness, fitness, training tips, eating disorders, related issues or any other form of advice. When in doubt, consult your primary care physician, registered dietician or another certified professional.
This agreement and this website are subject to the laws of California and the United States. If there is a dispute between you and erepsonline.com that results in litigation then you must submit to the jurisdiction of the courts of California and/or the United States.