Terms of Use
Definitions
"Service" refers to any program, product or session provided by Maks Reznik in exchange for payment.
"You" refers to user, client or consumer of services provided by Maks.
"Terms" or "Terms of Use" refers to the underlying agreement between you and Maks.
"Maks" refers to Maks Reznik, sole proprietor doing business as Maks Reznik PainfreeU, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, and assigns.
Medical Disclaimer
All content found on maksreznik.com 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 providers 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 this Website. Maks is not a medical doctor and does not provide medical advice, diagnosis or treatment of any kind. Through this site and linkages to other sites, Maks provides general information for educational purposes only.
Privacy
By accepting these terms of use , you acknowledge and agree that Maks may send you e-mails related to your account and/or the Service you chose to use.
Subscriptions
For members of online programs with recurring payments, you may change or discontinue your account at any time. We reserve the right to modify, suspend or terminate access to the service on our system, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system. We reserve the right to change our fees at any time for any reason, but we will give you at least one month’s advance notice of such change.
Warranties
Maks represents and warrant that we will perform our Services with reasonable care and skill; and the Services and the Materials provided by us to you under this Agreement will not infringe or violate any intellectual property rights or other right of any third party. The Services provided by Maks are provided "as is“, and you use them at your own risk and at your own responsibility. Maks disclaims all warranties, including without any limitation, the warranty of fitness for a particular purpose and the warranty of non-infringement. Maks, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. Maks provides THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS.
Limitation on Liability
In no event shall either party be liable for any consequential, indirect, incidental, punitive, or special damages whatsoever arising out of this agreement, even if such party has been advised of the possibility of such damages. With respect to the use of our Website, as a User of the Internet, you bear the risks associated with the use of the internet. With respect thereto, you will be solely responsible for any damage done to your computer or your data that results from your activity. In no event can Maks be held liable for such damage. Nothing in this Clause will serve to limit or exclude either Party’s liability for death or personal injury arising from its own negligence.
Governing Law
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of New York, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Rockland County, New York, USA in all disputes arising out of or related to the use of any Site or Service.
Indemnification
You agree to indemnify, defend and hold Maks harmless from all damages, liabilities, claims and expenses, including without limitation any occurring attorneys' fees and costs, arising from or related to your data, your use of the Service and/or any breach of these Terms by you. You further agree to defend, indemnify and hold Maks harmless from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to any claims by third parties that your data or your use of the Service infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.
Severability
If any clause or provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, then and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the intention of the parties to this Agreement that in lieu of each clause or provision that is illegal, invalid or unenforceable, there be added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable.
Entire Agreement
This Agreement embodies the entire agreement of and between Maks and You with regard to all Services and no representations, warranties, agreements, understandings, verbal or otherwise, exist except as herein expressly set out.