Website Terms and Conditions of Use
Last Updated: 26 March 2024
These Terms and Conditions ("Terms") govern your use of www.EverydayMarine.com (the "Website"), operated by Graeme Penny (“The Trainer”, ”us”, "we", or "our"). Please read these Terms carefully before using the Website.
By accessing this Website, we assume you accept these terms and conditions in full and agree to be bound by these terms. Do not continue to use www.everydaymarine.com if you do not accept all of the terms and conditions stated on this page.
Age Requirement
To use this Website, you must be at least 18 years old. By accessing and using the Website, you confirm that you are at least 18 years of age and agree to abide by these terms and conditions.
General Disclaimer
The information provided on the Website is for general informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.
Registration
You are responsible for ensuring the accuracy and completeness of the information you provide when registering / signing up or at any time thereafter. Please promptly update your personal information to ensure effective communication with us. We reserve the right to terminate your subscription immediately for any valid reason or if you violate these terms and conditions.
Assumption of Risk
You understand and agree that engaging in physical activity, including but not limited to exercise, fitness routines, and training programs, carries inherent risks of injury or illness. You voluntarily assume all risks associated with such activities, and you agree that The Trainer, its affiliates, partners, and employees shall not be liable for any injury, illness, or damages resulting from your use of the information provided on the Website.
Waiver Release
In consideration of being allowed to use the Website, you hereby release, waive, discharge, and covenant not to sue or take any form of legal action with The Trainer, its affiliates, partners, and employees from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by you, or to any property belonging to you, while using the Website.
Not Medical Advice
The content provided on the Website is for informational purposes only and should not be interpreted as medical advice or a substitute for professional medical treatment or diagnosis. Always consult with a qualified healthcare professional before beginning any fitness program or making changes to your diet or exercise routine.
User Responsibility
You acknowledge and agree that it is your responsibility to evaluate the accuracy, completeness, and usefulness of all information provided on the Website. You understand that any reliance on such information is at your own risk.
Consultation with Healthcare Professional
You understand and acknowledge that it is strongly recommended to consult with a qualified healthcare professional before starting any new exercise program, making dietary changes, or taking any supplements, especially if you have any pre-existing medical conditions or health concerns.
Modifications
The Trainer reserves the right to modify or replace these Terms at any time. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms. Please review this agreement periodically for changes. If you do not agree to any of these Terms or any future version of the Terms, do not use or access (or continue to access) the Website.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Scotland, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by the competent courts located in Scotland.
Intellectual Property and Acceptable Use
Ownership of Content:
All content provided on EverydayMarine.com (the "Website"), including but not limited to text, graphics, logos, images, audio clips, video clips, and data compilations, is the property of The Trainer or its content suppliers and is protected by international copyright laws. The compilation of all content on the Website is the exclusive property of The Trainer and is protected by international copyright laws.
Use of Content:
You may not reproduce, modify, distribute, transmit, republish, display, or perform the content of this Website without the prior written consent of The Trainer. However, you may download or print a single copy of any portion of the content for your personal, non-commercial use, provided you do not remove any copyright or other proprietary notices.
User Contributions:
By submitting or posting any materials or content on the Website, including but not limited to comments, reviews, suggestions, and ideas ("User Contributions"), you grant The Trainer a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Contributions in whole or in part and to incorporate them into other works in any form, media, or technology now known or hereafter developed.
Acceptable Use:
You agree to use the Website only for lawful purposes and in accordance with these Terms and any applicable laws and regulations. You may not:
Use the Website in any way that violates any applicable laws or regulations.
Use the Website to transmit spam, chain letters, junk mail, or any other type of unsolicited mass email.
Use the Website to transmit any material that is defamatory, obscene, offensive, or unlawful.
Use the Website to engage in any activity that could harm, disable, overburden, or impair the functioning of the Website.
Attempt to gain unauthorised access to any part of the Website, other accounts, computer systems, or networks connected to the Website.
Use any automated means to access the Website or collect data from the Website without our prior written consent.
Enforcement: We reserve the right to suspend or terminate your access to the Website at any time without notice for any violation of these Terms or for any other reason.
Intellectual Property Complaints: If you believe that any content on the Website infringes upon your intellectual property rights, please contact us promptly using the websites contact forms.
Changes to this Clause: We may update this Intellectual Property and Acceptable Use clause from time to time in order to reflect changes to our practices or for other operational, legal, or regulatory reasons. Please review this clause regularly for any updates.
Unless otherwise stated, The Trainer and/or its licensors own the intellectual property rights for all material on Everydaymarine.com. All intellectual property rights are reserved. You may access this from Everydaymarine.com for your own personal use subjected to restrictions set in these terms and conditions.
Restrictions
You are expressly prohibited from engaging in the following activities while using the Website:
1. Publishing any material from the Website on any other media platform or medium.
2. Selling, sub-licensing, or otherwise commercialising any material from the Website.
3. Publicly performing or displaying any material from the Website.
4. Using the Website in any manner that may cause damage to the Website.
5. Using the Website in any way that may interfere with or restrict user access to the Website.
6. Using the Website in violation of applicable laws and regulations or in a manner that may harm the Website, individuals, or businesses.
7. Engaging in any form of data mining, data harvesting, or data extraction from the Website.
8. Using the Website for advertising or marketing purposes.
These restrictions apply to all users and are intended to maintain the integrity and functionality of the Website for the benefit of all users.
No warranties
The information, content, and materials on EverydayMarine.com (the "Website") are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. The Trainer makes no representations or warranties, express or implied, regarding the accuracy, completeness, reliability, or suitability of the Website or the information, content, materials, or products included on the Website for any purpose.
Availability of the Website and Disclaimers
Any online facilities, tools, services, or information provided by The Trainer through the Website (referred to as the "Service") are offered "as is" and "as available." We make no warranty that the Service will be free from defects or faults. To the fullest extent permitted by law, we do not provide any warranties, whether express or implied, including warranties of fitness for a particular purpose, accuracy of information, compatibility, or satisfactory quality. The Trainer is not obligated to update information on the Website.
Although The Trainer strives to maintain a secure and error-free Website, we make no warranty or guarantee regarding its security or freedom from errors, viruses, or other malware. Users are responsible for their own security, personal details, and computer systems.
The Trainer bears no responsibility for any disruption or unavailability of the Website.
The Trainer reserves the right to modify, suspend, or terminate any part or the entirety of the Website, including but not limited to any products and services offered. These terms and conditions shall continue to apply to any modified version of the Website unless expressly stated otherwise.
Links to Other Websites
EverydayMarine.com may contain links to third-party websites or services that are not owned or controlled by The Trainer.
The Trainer has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that The Trainer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Indemnification
You hereby indemnify to the fullest extent The Trainer from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these Terms.
Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
The Trainer is permitted to revise these Terms at any time as he sees fit, and by using this Website you are expected to review these Terms on a regular basis.
Assignment
The Trainer is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Expected Outcomes
While we believe that our programs and methods can generally lead to desired results for most individuals, it's important to note that individual outcomes may vary. The results achieved depend on the effort and commitment of each individual. Despite following our program, some individuals may not attain the desired outcomes.
Therefore, we do not provide any warranties, express or implied, regarding:
1. The effectiveness of the techniques, diets, or programs we offer; or
2. The specific results that you may attain by following our programs.
All testimonials featured on our website or in our content are from real individuals who have followed our provided plans. However, it's essential to understand that these testimonials are not indicative of the results you are guaranteed to achieve. They serve as examples of the outcomes achieved by specific individuals.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of Scotland, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Scotland for the resolution of any disputes.
Limitation of liability
In no event shall The Trainer, its affiliates, officers, partners, employees and or directors be held liable for anything arising out of or in any way connected with your use of this Website or its content, whether such liability is under contract. The Trainer, including its officers, directors, and employees shall not be held liable for any indirect, consequential, or special liability or damages arising out of or in any way related to your use of this Website.
Nothing in these terms and conditions shall limit or exclude our or your liability for death or personal injury resulting from our or your negligence, fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable law.
We will not be liable to you for any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, The Trainer and The Trainer accept no liability for the following:
Any business losses, including but not limited to loss of profits, income, revenue, anticipated savings, business, contracts, goodwill, or commercial opportunities.
Loss or corruption of any data, database, or software.
Any special, indirect, or consequential loss or damage.
Neither The Trainer nor any of its employees, agents, or representatives are engaged in providing medical advice, nor do they hold themselves out as qualified to do so. We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.
Any exercise program, even for healthy individuals, carries risks. You have a responsibility to exercise your own personal judgment, as well as consider any other factors, before acting on any content provided by us.
Where we provide you with a Personal Plan, the information contained therein should not be regarded as or relied upon as a comprehensive health or exercise program. Therefore, any actions you take in relation to a personal plan should not be pursued regardless or to the exclusion of other information, opinions, or judgments available to you.
Any Personal Plan will have been prepared based on information provided by you. You are responsible for the accuracy of any information you provide to us and for informing us of any health issues or medical conditions when requesting a Personal Plan.
Before taking any action in relation to a Personal Plan, you must consider any other factors apart from the Personal Plan that you are or should be aware of.
The information set out in any Personal Plan may be context-specific and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context.
You are responsible for informing us of any health issues and pre-existing medical conditions when requesting a Personal Plan.
Any information provided by us, whether through our website, e-books, physical books, any written medium, video course, social media platforms (such as Facebook, Instagram, Youtube, Linked-in or X), or otherwise, is provided for general information purposes only.
The Contracts (Rights of Third Parties) Act 1999
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
Entire Agreement
These Terms constitute the entire agreement between The Trainer and you in relation to your use of this Website and supersede all prior agreements and understandings.
Contact Us
If you have any questions about these Terms, please contact us using the contact forms on the website.