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Benefits of Exercise

 I am constantly aware of the lack of physical conditioning evident in many of them [my client groups] principally due to lifestyle choices.

Stephen Rodda
BAppSc (physio) 1979

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Terms of Service PDF  | Print |  E-mail

This website (collectively, the "Website") are offered by Goodbye Couch Pty Ltd (collectively, "Goodbye Couch!" or "we" or "us") to you, the user, subject to your acceptance of all the terms and conditions set forth below ("Terms of Use"). The terms "you" and "user" refers to all individuals and entities that access the Website.

Information on the Website

Whilst every effort is made to update the information contained on this Website, Goodbye Couch! does not make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, data and/or content contained on the Website (including but not limited to any information which may be provided by any third party) and shall not be bound in any manner by any information contained on the Website. Goodbye Couch! reserves the right at any time to change or discontinue without notice, any aspect or feature of this Website. Reliance on any information provided by Goodbye Couch! or others appearing on the Website by invitation or as visitors is solely at your own risk.

By your affirmative actions of registering for and/or using the Website, you signify your agreement to these Terms of Use, to our Privacy Policy (see here) and your agreement to communicate with us electronically. If you do not agree to all of these terms and conditions, do not use this Website.

Modifications to the Terms of Use

Your use of this Website constitutes your unconditional and binding acceptance of these Terms of Use, including any modifications that we make. We may modify these Terms of Use at any time without prior notice. If you do not agree to these terms you may not use this Website.

Health/Medical Disclaimer

Content found on the Website is for informational purposes only and is not intended to replace the relationship with your doctor or other medical provider. We have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a doctor before starting a fitness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. Goodbye Couch! strongly recommends that you consult with your doctor before following any training instructions you receive through the Website or participating in any event announced on the Website. Not all exercises or activities described on the Website are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your doctor or the emergency number applicable to your country. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. The Website should not be used by  women who are pregnant or other adverse medical or nutritional conditions. By using the Website, you represent that you have received consent from your doctor to participate in Goodbye Couch Fitness and any other exercise or event described on the Website.

We are not responsible for any health problems that may result from doing Goodbye Couch Fitness  or any other program, workout, exercise or event described on the Website. If you engage in Goodbye Couch Fitness or any other exercise or event described on the Website you agree that you do so at your own risk and are voluntarily participating in these activities.

User-Added Content

Subject to terms set forth in the Privacy Policy with respect to User Added Content, you hereby grant to Goodbye Couch! a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Website (collectively, "User Added Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format (the "User Added Content License"). "User Added Content" includes but is not limited to content posted on the forum and My Progress posts and user comments. Subject to the terms and conditions set forth in the Privacy Policy with respect to User Added Content, you hereby waive any rights of publicity and privacy with respect to the User Added Content and any other legal or moral rights that might preclude Goodbye Couch!'s use of the User Added Content or require your permission for Goodbye Couch! to use the User Added Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Goodbye Couch! relating to Goodbye Couch!'s use of the User Added Content that is in accordance with the terms and conditions set forth in this Terms of Use and the Privacy Policy, and you hereby release Goodbye Couch! from any such claims.

You represent that your User Added Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Added Content.

Ownership of the Website

This Website is owned by Goodbye Couch!  Except for the User Added Content, all of the content featured or displayed on this Website, including, but not limited to, text, graphics, data, images, moving images, sound, illustrations is owned by Goodbye Couch!. All elements of the Website are protected by copyright and other laws relating to the protection of intellectual property.

Emailing

Some of our users may make their email addresses available. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. Users found using email information in this manner may be stripped of their membership. We are not responsible for the content of email messages sent to you by our users or from third parties

The Forum

Users may post information on our forum. Any information posted on the forum can be viewed by anyone who visits the Website (whether or not such visitors are registered users). Goodbye Couch! does not endorse any information posted on the forum and posts made by users do not necessarily reflect the views of Goodbye Couch!. Information on the forum should not be taken as medical advice and we are not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the forum is at your own risk.

In using the forum you agree to follow our Community Guidelines which includes the following provisions:

  • Respect everyone's opinions. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
  • Do not post profane or explicit content.
  • Do not post profile pictures that might be considered inappropriate.
  • Do not post communications that could be interpreted as threatening or harassment.
  • Do not post advertise or promote products commercially.
  • If you have started a thread (such as a journal) that you want to close, please post a message indicating "Thread Closed." We may determine in our sole discretion whether to close or delete threads.
  • Goodbye Couch! has the right to remove a post on the forum if it does not meet these standards or for any other reason Goodbye Couch! deems appropriate.

If we determine that any user is not using the Website responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user's transmissions, User Added Content, or use of the Website. We also have the right (but not the obligation) to suspend or terminate your access to and use of the forum or other parts of the Website, or delete information you have posted to the Website, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) violates the forum Guidelines, (c) is offensive to other users, (d) violates the rights of Goodbye Couch! or third parties, or (e) could cause Goodbye Couch! liability. Without limiting the foregoing, upon any termination of your account or access to the Website we may delete all User Added Content and other information related to your forum account. If Goodbye Couch! suspects that your registration information is inaccurate or incomplete, we may suspend or terminate your account.

You are solely responsible for your interactions with other Goodbye Couch! users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Copyright material

No Unauthorised Use. USERS WILL NOT USE THE SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. Please report any possible copyright violation to us.

Any and all product names referenced within this website or its newsletter are copyright and trademarks of their respective owners. None of these owners have sponsored, authorized, endorsed, or approved this website.

Indemnification

You agree to indemnify, defend and hold harmless Goodbye Couch! and their respective officers, directors and employees from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of your use/ misuse of this Website.

Third Party Links

This Website may contain links to other third party websites, which are provided as additional resources for the convenience of Users. Goodbye Couch! does not endorse, sponsor or accept any responsibility for these third party websites, The user agrees to direct any concerns relating to these third party websites to the relevant website administrator. If you come across any external links that don't work, we would be grateful if you could report them to us.

Goodbye Couch Pty Ltd cannot guarantee and assume no legal liability or responsibility for the accuracy, currency or completeness of any information. To the extent permitted by law, Goodbye Couch Pty Ltd and their respective employees and officers exclude all liability (even if negligent) for any injury, loss or damage caused by reliance on any of the Content contained in or provided through the website. You acknowledge that use of the website is entirely at your own risk.

Content and Warranty Disclaimer

THE WEBSITE IS PROVIDED BY GOODBYE COUCH! AND ITS AFFILIATES AS IS. NEITHER GOODBYE COUCH! NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, GOODBYE COUCH! AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, GOODBYE COUCH! DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL GOODBYE COUCH! BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT GOODBYE COUCH! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF GOODBYE COUCH!, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. GOODBYE COUCH!'S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.

Electronic Contracting

Your affirmative act of using this Website and/or registering for the Website constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically.

General

The Terms of Use and the resolution of any dispute related to the Terms of Use or the Website shall be governed by and construed in accordance with the laws of the State of South Australia without respect to its conflict of laws principles. You shall bring any legal action or proceeding against Goodbye Couch! related to the Website exclusively in a federal or state court of competent jurisdiction sitting in South Australia, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Goodbye Couch!'s failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Goodbye Couch! in writing. These terms and conditions constitute the entire agreement between you and Goodbye Couch! with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
 
3 Very Important Notices  
  1. Goodbye Couch Pty Ltd cannot guarantee and assumes no legal liability or responsibility for the accuracy, currency or completeness of any information. To the extent permitted by law, Goodbye Couch Pty Ltd and their respective employees and officers exclude all liability (even if negligent) for any injury, loss or damage caused by reliance on any of the Content contained in or provided through the website www.goodbyecouch.com. You acknowledge that use of the website is entirely at your own risk.
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  2. Goodbye Couch! Fitness is presently not for sale into the United States of America & Canada and their respective territories & protectorates due to the high costs of insurance.
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  3. Goodbye Couch Fitness is not suitable for women who are pregnant.

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Copyright 2010 Goodbye Couch Pty Ltd (The Goodbye Couch! Fitness Program was inspired by the internationally acclaimed canadian air forces program 5BX fitness plan)
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