By purchasing a membership you represent and warrant that you are at least eighteen years of age and agree to be bound by these terms and conditions governing your subscription to VIGOR/VIGORESS Training, VIGOR/VIGORESS Premium,  and/or VIGOR/VIGORESS Custom (hereafter stated as “VIGOR”) membership-based content. tomnikkola.com and VIGOR are owned by Tom Nikkola.

If you are not at least eighteen years of age and/or do not accept the terms and conditions governing the use of VIGOR'S membership-based content, do purchase a membership on the registration page and your transaction will be cancelled.

General

Our privacy policy can be found here http://tomnikkola.com/privacy. It is hereby incorporated by reference into the VIGOR Membership Terms and Conditions for use of VIGOR'S membership-based online program. Tom Nikkola reserves the right to expand or restrict your access to the content available throughVIGOR at any time, and makes no representations or warranties about the frequency with which content will be updated, or that you will be satisfied with the content that is or will be made available in the future. Further, Tom Nikkol shall in no case be responsible for your inability to access the membership-based content, and no refunds shall be issued in such an event. You subscribe to VIGOR's subscription based program at your own risk.

By agreeing to these terms and conditions, you agree not to share your login information or any content and intellectual property found in VIGOR with any third party.

In the event that you share your login information, any of the content or intellectual property found in VIGOR with any third party without express written permission from Tom Nikkola, we reserve the right to immediately cancel your membership without a refund, and to pursue any and all remedies available to Tom Nikkola under the law.

Agreement and Release of Liability

In consideration of being allowed to participate in the activities and programs offered in VIGOR Online Training Program, and to use its programs and training, in addition to the payment of any fee or charge, I do hereby waive, release and forever discharge and hold harmless Tom Nikkola and his trainers, officers, agents, and employees from any and all responsibility, liability, lost and expenses, including injuries or damages, resulting from my participation in any activities, or my use of any programs designed by the VIGOR staff. I do also hereby release Tom Nikkola, his trainers, officers, agents and employees from any responsibility or liability for any injury, damage or disorder (physical, metabolic, or otherwise) to myself, or in any way arising out of or connected with my participation in any activities with VIGOR.

I understand and am aware that strength, flexibility, and aerobic exercise, including the use of equipment are a potentially hazardous activity. I also understand that fitness activities involve a risk of injury and even death, and that I am voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death related to said fitness activities.

I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would affect nutrient metabolism or prevent my participation or use of equipment or machinery except as hereinafter stated. I do hereby acknowledge that Tom Nikkola has recommended to me that I obtain a physician’s approval for my participation in an exercise/fitness activity or in the use of exercise equipment and machinery. I also acknowledge that Tom Nikkola has recommended that I have a yearly or more frequent physical examination and consultation with my physician as to physical activity, exercise and use of exercise and training equipment so that I might have his/her recommendations concerning these fitness activities and equipment use. I acknowledge that I have either had a physical examination and been given my physician’s permission to participate, or that I have decided to participate in activity and use of equipment, machinery, and programs designed by Tom Nikkola without the approval of my physician and do hereby assume all responsibility for my participation and activities, and utilization of equipment and machinery in my activities. In addition, I hereby represent and warrant that I am currently covered by an accident and health insurance policy.

With my purchase ofVIGOR, I understand that I am not purchasing individual consultation services (unless they are paid at time of checkout) and I neither expect nor presume any requirement on the part of the Tom Nikkola to answer specific, direct questions about the templates nor their modification procedures. I also agree that the templates are not a guaranteed guide to results of any sort and agree not to hold Tom Nikkola liable for any outcomes or a lack thereof.

Intellectual Property

All intellectual property generated for VIGOR is the property of Tom Nikkola and can not be reproduced, regenerated or taken for commercial use without the express written consent of Tom Nikkola. This includes, but is not limited to, the training and workouts, information, educational videos, workout descriptions, blog posts, Facebook group content, and website content provided as part of the membership. This also includes, without limitation, all database rights, and rights to designs and logos, and all other intellectual or industrial property rights in any jurisdiction in any information, content, materials, data or processes. Any republication of this content or material will result in immediate cancellation of your membership with no refund given. All rights of Tom Nikkola, in such Intellectual Property Rights, are hereby reserved.

Payment

All payments of VIGOR subscription fees shall be processed via www.Stripe.com or www.braintreepayments.com. Processing of VIGOR'S membership subscription fees shall be governed by Stripe’s terms and conditions found here https://stripe.com/us/checkout/legal and privacy policy found here https://stripe.com/us/privacy, or Braintree’s terms and conditions found herehttps://www.braintreepayments.com/en-my/legal/forwarding-services-terms and privacy policy found here https://www.paypal.com/us/webapps/mpp/ua/privacy-full.

Tom Nikkola will only have access to your contact information and shall have no access to your credit card information. You will be billed the amount due at the time of checkout, and then monthly thereafter. Payments will be processed by Braintree or Stripe unless you cancel your membership.

Failure to pay your membership fees will result in a suspension or cancellation without refund of your membership to VIGOR. Tom Nikkola reserves the right to pursue delinquent payments owed by any and all means permissible under the law, including use of a collection agent.