TERMS OF SERVICE

OVERVIEW

This agreement is between you, the individual user purchasing Services, as defined below, and MPR, LLC d/b/a MPR Med Exercise (together with its employees, owners, agents, and others acting on its behalf, “MPR Med Exercise”), collectively referred to as the Parties. For good and valuable consideration, the Parties agree as follows.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

SECTION 1 – ONLINE STORE TERMS 
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services. 

“Services” shall mean any and all manner of goods and services offered to you by MPR, LLC, including the MPR Med Exercise Movement Prioritizing Recovery Program (the “Program”), or any other Released Party. These services, which may take the form of training, treatment, consulting, and other services, expressly including but not limited to: evaluations; rehabilitation; reconditioning; performance planning; performance training (e.g., strength and conditioning training, speed and quickness training, and plyometric training); recovery and regeneration training; sports nutrition consultation; supplement and nutrition provision; injury reduction and treatment; technical and tactical instruction; performance enhancement; and any consultation related to any item included in this list.

“Training” shall mean any act, omission, or other activity required of you or carried out by you in relation to the ”Services” This term shall not be limited, in any way, with respect to any location, site or facility at which any activities related to the “Services” takes place.

“Released Parties” shall mean MPR, LLC, DBA MPR Med Exercise, and all affiliates including, but not limited to, (Black Mountain Products, Inc), referred to herein as Black Mountain Products (BMP) and any and all of their respective partners, future partners (whether or not participating in the Services), members, managers, shareholders, officers, directors, agents, employees, insurers, heirs, agents, successors, and assigns.

“Sites” shall mean the website https://mprmedexercise.com/, or any related domains or subdomains, on which the Program and Services are offered and purchased by you.  

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 2 – ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

SECTION 3 – MODIFICATIONS TO THE SERVICE AND PRICES 
Pricing for our products is subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service. 

SECTION 4 – PRODUCTS OR SERVICES  
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected. 

SECTION 5 – INTELLECTUAL PROPERTY

MPR Med Exercise retains ownership of the intellectual property in (a) all text, logo, images, headers, trademarks, service marks, graphic, design, selection and arrangements thereof appearing on the Program and related Services;  (b) any content made available to you pursuant to your use of Services; and (c) any other intellectual property rights afforded to MPR Med Exercise either through state or federal registration, or as otherwise available at common law (“Intellectual Property”).  Except as stated below, MPR Med Exercise does not grant you any rights to any Intellectual Property contained within the Program or as may be available to you generally through the MPR Med Exercise website or Services, including but not limited to workshops, worksheets, or through one-on-one consulting services. You agree not to make unauthorized use of or otherwise infringe upon this Intellectual Property in any way and understand that it is your responsibility to ensure you refrain from doing so.  MPR Med Exercise will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms. So long as you comply with this Agreement, MPR Med Exercise grants you a non-exclusive, non-transferable license to download, view, copy and print the Program you purchase solely for your personal use, which is not to include any reproduction, copying, or any other use of the Program or free downloadable material for resale or distribution (“Permitted Use”), provided that you: Abide by all copyright protections afforded to the Program, both as formally registered with the U.S. Copyright Office and as otherwise provided by law; Abide by all trademark protections afforded to the Program, both as formally registered with the U.S. Patent and Trademark Office, any state trademark authority, and as provided by common law; Do not use the Program or otherwise offer them on any website, through a networked  computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by this Agreement; and Do not modify the Program in any way beyond edits and completions necessary to complete template forms and other Program worksheets consistent with Permitted Use provided by this Agreement. Such permission to modify Program accordingly in no way expands the limited license provided herein, nor does it include ownership of any intellectual property rights, or a general right of modification beyond that allowed by Permitted Use. MPR Med Exercise will prosecute any unauthorized reproduction, copying, or any other use of the Program or other Services for resale or distribution, which is expressly outside of Permitted Use defined herein, to the fullest extent of the law. Although MPR Med Exercise includes extended access to an online platform where Program materials are viewable, please remember that it is your responsibility to download the Products immediately (in a manner not in violation of the limited license extended to you in this Agreement) and securely back up all purchases.  MPR Med Exercise is not liable for any loss or damage to Program that occur after download or any customer’s inadvertent or mistaken download of a Program or free download such customer did not intend to purchase or download, and MPR Med Exercise will not reimburse you for such downloads. This Purchase Terms Agreement (“Agreement”) is entered into by and between MPR Med Exercise (“Company”), a limited liability company organized and existing under the laws of Arizona, with its principal place of business located at 7904 E. Chaparral Rd., Suite A110, Scottsdale, Az., 85250, and the purchaser (“Purchaser”), collectively referred to as the “Parties.” All program materials, content, and any associated intellectual property, including copyrights, trademarks, and service marks, are the sole property of the Company. Purchaser is granted a limited, non-exclusive, non-transferable license to access and view the Program content for personal, non-commercial use only.

SECTION 6 – OPTIONAL TOOLS 
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 7 – THIRD-PARTY LINKS 
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 8 – FEEDBACK, USER COMMENTS AND OTHER SUBMISSIONS 
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 9 – PERSONAL INFORMATION 
Your submission of personal information through the store is governed by our Privacy Policy. MPR Med Exercise permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available at mprmedexercise.com which is incorporated herein by reference. MPR Med Exercise will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. MPR Med Exercise will not sell or otherwise distribute this information to any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations.  MPR Med Exercise is the sole manager of such information collected on the Sites. MPR Med Exercise will use such information to respond to you as necessary. You grant MPR Med Exercise a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish, and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular service.

SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS 
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 11 – PROHIBITED USES 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Unauthorized photography or recording of this property is strictly prohibited and constitutes a violation of the law. Any person taking photos, videos, or voice recordings on any device without explicit permission may be subject to legal action. To include any form of one-on-one consultation services.

SECTION 12 – LIMITATION OF LIABILITY

I understand that this Member Waiver and Terms of Purchase governs all rights and liabilities directly or indirectly arising out of or related to any Services provided by Released Parties, as those terms are defined above. I have read, understand, and agree to be bound by the Terms and Provisions below. By participating in the Services, you certify that the following statements are true: I wish to participate in the Services offered by MPR Med Exercise. During the Services, I will receive information and instructions about physical wellness, fitness, and exercise and nutrition. I recognize that fitness programs such as these require physical exertion that may be strenuous which has the potential to result in serious physical injury. I knowingly and willingly acknowledge and accept the risks and hazards involved at any location I am participating and engaging in the Services. I have consulted with my physician and drawn an independent determination regarding my fitness to participate in the Services before participating. I do not have any medical condition (including being prescribed any medication) that is likely to be aggravated by or otherwise prevent my full participation. In consideration of being permitted to participate in the Services, I agree to accept and assume full responsibility for all risks, injuries, or damages, known or unknown, resulting from my participation. In consideration of being permitted to participate in the Services, I knowingly, voluntarily, and expressly waive and release any claim I may have now or in the future against the Released Parties (as defined above) for injury or damages that I may sustain as a result of participating in the Services. On my own behalf and on behalf of my successors, assigns, heirs and legal representatives, I forever release, discharge and waive all claims, release, hold harmless, and covenant not to sue the Released Parties for any injury or damage, including those caused by negligent act or omission, or in any way arising out of or connected with my participation in any Services, or the use of any equipment related thereto. 

The risk of injury from participation in strenuous and non-strenuous physical activity and Training, including but not limited to usage and/or placement of resistance bands provided by Released Parties or purchases of resistance bands, and/or any form of exercise bands through any other entities or purchases outside the realm of Released Parties “Training,” is significant, including the potential for permanent paralysis, other serious injury, and/or death. I knowingly and freely assume all such risks of participation in Training, including, without limitation, risk arising from or relating in any way to the condition of the Released Parties’ equipment, fields, and surrounding premises, the actions of persons other than myself, my own actions. I understand that the released parties make no warranties (whether express or implied) and shall in no event be responsible or liable for the defective or dangerous condition of the “Training” at any location, facilities, equipment, fields, and surrounding premises, except to the extent such condition(s) result(s) solely from the gross negligence or intentional acts of any Released Parties. Furthermore, I knowingly and voluntarily assume all such risks, both known and unknown, even if arising from the negligence of the “Released Parties,” and assume full responsibility for my participation in the Training. I agree to use the utmost caution and care to avoid injury or damage to myself and others. I acknowledge Released Parties make no guarantee of results. Released Parties provide information intended to be helpful to you. While Released Parties will make an effort to keep information current and updated, because changing sciences and medical research, personal medical history, and external forces are constantly changing and varies, Released Parties can in no way guarantee the effectiveness of the Services or materials. Although specific information may be adequate in general circumstances, Released Parties cannot guarantee that it will be effective in every application or circumstance. 

I agree that the released parties shall not be liable for any losses, claims, demands, injuries, damages, actions, lawsuits, judgments, fines, penalties, liabilities, costs, expenses (including, without limitation attorneys’ and accountants’ fees and costs and court costs, whether or not in connection with litigation), or causes of action (collectively, “Damages”) that arise in whole or in part due to the simple negligence of any of the Released Parties.  Furthermore, I forever release and discharge, and agree to indemnify and hold harness, the Released Parties from and in relation to all Damages that arise from or relate in any way to my participation in the Training, other than Damages that arise solely from the gross negligence or intentional acts of any Released Parties. I further warrant and certify that I have no health conditions or defects that would prevent me from participating safely in the Training, that I have taken every reasonable act necessary to make this warranty and certification in relation to such participation, and that I am otherwise sufficiently fit and healthy to so participate. I warrant and understand that it is my sole and personal responsibility to obtain insurance to compensate for any and all Damages which might arise from my participation in the Training, and furthermore agree to look solely to such insurance to cover such Damages, regardless of fault, and waive all rights of subrogation on behalf of any and all Released Parties which may now or ever exist as a result of such insurance. 

In any case, the cumulative liability of all Released Parties relating to any services provided any services provided and this agreement will be limited to the actually paid by me to any of the “Released Parties” (which may be zero) during the period that is one (1) year prior to the date of the cause of action between the litigants, minus any amounts previously paid by any of the Released Parties for any prior liability. The Released Parties’ limitation of liability is cumulative with all amounts paid to any released parties being aggregated to determine satisfaction of the limit and applies to all cause of action in the aggregate (whether in tort, contract or otherwise). I release the Released Parties from all obligations, liability, claims, or demand in excess of the limitation. The Company shall not be liable for any direct, indirect, incidental, special, or consequential damages, resulting from the use or the inability to use the Program or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received, or transactions entered into through the Program.

SECTION 13 – Miscellaneous

This Agreement constitutes the entire agreement between the Parties regarding its subject matter and supersedes all prior or contemporaneous understandings, agreements, negotiations,representations, and warranties, both written and oral, regarding such subject matter.

The Company makes no representations or warranties, either express or implied, regarding theexercise equipment included in your purchase. Any warranty coverage for such equipment is provided directly by the manufacturer, Black Mountain Products, Inc., according to their terms and conditions available at https://blackmountainproducts.com/terms-and-conditions. Should you encounter any issues with the exercise equipment provided, please contact Black Mountain Products, Inc. directly at [email protected].

SECTION 14 – ONLINE PAYMENT SECURITY

MPR Med Exercise uses the secure Payment Gateway for its online credit card transactions. All online credit card transactions performed on this site are secured payments. Payments are fully automated with an immediate response. Your complete credit card number cannot be viewed by MPR Med Exercise or any outside party. All transactions are performed under 128 Bit SSL Certificate. All transaction data is encrypted for storage within bank-grade data centers, further protecting your credit card data. By accepting this Agreement, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment. By enrolling, you grant MPR Med Exercise permission to process the payment for the Program by automatically debiting your chosen payment method when the fee is due. MPR, LLC (“MPR Med Exercise”) may refuse to process a transaction for any reason or refuse Service to anyone at any time at MPR, LLC’s (“MPR Med Exercise”) sole discretion. MPR Med Exercise will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun. Unless stated otherwise, all fees and payments are quoted in U.S. Dollars. You are responsible for paying all fees, payments and applicable taxes associated with our website and Services.

SECTION 15 – ENTIRE AGREEMENT                

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. By purchasing access to the Program, the Purchaser acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement. The Purchaser will receive access to the Program for a term of [purchase program] from the date of purchase. This access is non-transferable and is intended solely for the Purchaser’s personal and non-commercial use. The Company reserves the right to modify or amend this Agreement at any time, effective upon posting the updated Agreement on the Program website or notifying the Purchaser directly. By enrolling, you grant MPR Med Exercise permission to process the payment for the Program by automatically debiting your chosen payment method when the fee is due.

SECTION 16 – MISCELLANY

If any provision of this Agreement shall be adjudged illegal, invalid, or unenforceable, the balance of the Agreement shall remain in full force and effect. This Agreement shall be construed and governed under Arizona law. Any action or lawsuit arising out of or related to Training, Services, and/or this Agreement shall be exclusively brought in state or federal courts located in Maricopa County, Arizona. In the event enforcement of this Agreement becomes necessary, the prevailing party in any dispute will be entitled to reasonable attorney’s fees.   

I have read this Agreement, fully understand its terms, understand that I am voluntarily limiting my legal rights by agreeing to the terms and conditions. I acknowledge that I have received valuable consideration in relation to my execution of this Agreement. Finally, I understand that this Agreement shall be of full force and effect as to any and all Services I receive from the Released Parties, without regard to the date or timing of such Services.

MPR, LLC (“MPR Med Exercise”) reserves the right, at its discretion, to modify this Agreement, fees, charges, and terms at any time upon reasonable written notice to you in advance of those changes. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the website by you following such notification constitutes the acceptance of the changes in the terms and conditions.

You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 17 – TERMINATION

Due to the digital and downloadable nature of our products, we do not offer refunds on programs as all purchases are final. All subscription cancellations require a thirty (30) day notification which is given by emailing customer service at [email protected]. Depending on your credit card company’s policies and timelines, we will notify you by email when your cancellation has been processed. If you are not completely satisfied with your purchase for a valid reason as determined solely by MPR Med Exercise, you may cancel your membership post the minimum ninety (90) day subscription requirement. 

SECTION 18 – GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Arizona, without giving effect to any choice or conflict of law provision or rule.

SECTION 19 – CONTACT INFORMATION

By using the Sites and entering personal information, you give MPR Med Exercise permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new products and services or changes to the terms of the course.  Should you prefer not to be contacted by e-mail, please let MPR Med Exercise know by contacting us at [email protected].