TERMS OF SERVICE
1. Your Acceptance
2. The Website
3. Your Account
A. In order to access some features of the Website, you will have to create a PatrickKerwin account. You may never use another individual’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify PatrickKerwin immediately of any breach of security or unauthorized use of your account. Although PatrickKerwin is not liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PatrickKerwin or others due to such unauthorized use.
B. PatrickKerwin.com may terminate a user’s access to the Website if the user is determined, in PatrickKerwin sole discretion, to have infringed these Terms of Service or the PatrickKerwin Community Rules. PatrickKerwin reserves the right to decide whether a User Submission is appropriate and complies with these Terms of Service for violations such as, but not limited to, pornographic, obscene, or defamatory material. PatrickKerwin may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
4. Your Content and User Submissions
A. You may post comments into blogs or replies in discussion threads, or textual content to PatrickKerwin.com You represent and warrant that none of your User Submissions are illegal, obscene, threatening, defamatory, invasive of privacy, infringing of any intellectual property rights, injurious to third parties, or otherwise objectionable to PatrickKerwin.com in its sole discretion, including but not limited to commercial solicitation, mass mailings, political campaigning, chain letters, or any form of “spam” (as determined by PatrickKerwin in its sole discretion). PatrickKerwin.com does not provide for any confidentiality with respect to any User Submissions. PatrickKerwin reserves the right to remove or delete User Submissions without prior notice.
B. You shall not upload User Submissions containing material that is copyrighted, protected by trademark or trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permissions from their rightful owner to post the material and to grant PatrickKerwin all of the licenses granted herein.
C. You shall be solely responsible for all of your User Submissions and the consequences of uploading them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize PatrickKerwin.com to use all patent, trademark, trade secret, copyright, and all other intellectual property rights or other proprietary rights in and to any and all User Submissions, to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. You grant PatrickKerwin the right to use your name and account username in connection your User Submissions.
D. You retain all of your ownership rights in your User Submissions. By uploading User Submissions to PatrickKerwin.com, you hereby grant PatrickKerwin.com a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable, and transferable license to use, reproduce, distribute, adapt, modify, prepare derivative works of, display, and perform the User Submissions in connection with the Website, website extensions, and the business of PatrickKerwin and its successors and affiliates, including without limitation for promoting the Website in any media formats and through any media channels.
E. By uploading User Submissions to PatrickKerwin, you hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display, and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
F. You understand and agree that PatrickKerwin.com may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
G. You agree that you will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and international laws and regulations, or that is contrary to the PatrickKerwin Community Rules, which may be updated from time to time.
H. PatrickKerwin does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and PatrickKerwin expressly disclaims any and all liability in connection with User Submissions. User Submissions are made available “AS IS.” You understand and agree that when using the Website you will be exposed to User Submissions from a variety of sources and that PatrickKerwin is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and agree that you may be exposed to User Submissions that are inaccurate, objectionable, offensive, or indecent, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PatrickKerwin with respect thereto.
5. Waiver, Release, and Assumption of Risk Form
A. Waiver, Informed Consent, and Release. I have volunteered to participate in a coaching or online course under the direction of Legacy Life, LLC, which will include, but may not be limited to, 1:1 coaching, digital and printed media, and media related to your life and goals. In consideration of the Legacy Life, LLC’s agreement to instruct, assist, and train me, I do here and forever release and discharge and hereby hold harmless the Legacy Life, LLC, Katherine C. Kerwin, Patrick J. Kerwin, and their respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in this or any exercise program including any injuries resulting therefrom. THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT THAT MAY MALFUNCTION OR BREAK AND (2) OUR NEGLIGENT INSTRUCTION OR SUPERVISION AND (3) INDIVIDUAL REACTIONS TO SUGGESTED EXERCISES, FOODS, OR SUPPLEMENTS.
B. Assumption of Risk
I recognize that any form of personal growth might be difficult and that there could be emotional challenges inherent in that path for some individuals. I acknowledge that the possibility of certain unusual emotional and mental changes during coaching does exist. I acknowledge and agree that I assume the risks associated with any and all activities and/or exercises in which I participate.
6. Photography and Video
I hereby give Legacy Life, LLC permission to use any photos or videos that I may submit to Patrick J. Kerwin, or any other representative of Legacy Life, for any purpose, including such purposes as publicity, illustration, advertising, and Web content. I also give Legacy Life, LLC permission to use any photos or videos that I post to any Legacy Life social media page or group, for any purpose, including such purposes as publicity, illustration, advertising, and Web content.
I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY AGREEING TO THE TERMS OF SERVICE, I AM WAIVING ANY RIGHT I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST LEGACY LIFE, LLC, KATHERINE C. KERWIN, PATRICK J. KERWIN, OR OTHERS REFERRED TO IN THIS DOCUMENT FOR ANY NEGLIGENCE OR THAT OF OUR EMPLOYEES, AGENTS, OR CONTRACTORS.