Burch Fitness, LLC
Terms and Conditions of Use
- Acceptance. These terms and conditions of use (the “Terms”) govern your use of our website (the “Site”); by accessing or using our Site or any of the information contained on the Site, or registering for or using any services available through the Site, you accept and agree to these Terms (in addition to the terms and conditions applicable to any other services which you elect to purchase through or using this Site). If you disagree with these Terms, in whole or in part, you may not access or use our Site or any of the information contained on the Site or register or use any of the services available through or using the Site.
- DISCLAIMER OF MEDICAL ADVICE AND WARRANTIES. THE SITE IS INTENDED TO SERVE AS A RESOURCE WHICH PROVIDES HEALTH, FITNESS AND NUTRITION INFORMATION, COACHING AND SUPPORT. NEITHER WE NOR ANYONE WHO OFFERS ANY CONTENT, INFORMATION OR SERVICES ARE LICENSED MEDICAL PROVIDERS. INSTEAD, WE OFFER COACHING, GUIDANCE AND ENCOURAGEMENT AIMED TO ASSIST YOU IN REACHING YOUR HEALTH, FITNESS AND WELLNESS GOALS. ANY INFORMATION, RECOMMENDATIONS, SUGGESTIONS OR OPINIONS ON THE SITE OR PROVIDED TO YOU, WHETHER IN THE FORM OF TEXT, PHOTOGRAPHS, VIDEOS OR OTHERWISE, AND WHETHER OR NOT PROVIDED WITH OR WITHOUT CHARGE (COLLECTIVELY, “INFORMATION”), IS FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL OR MEDICAL ADVICE OR COUNSELING. USE OF OR RELIANCE ON THE INFORMATION IS AT YOUR OWN RISK. INFORMATION ON THE SITE OR OTHERWISE PROVIDED TO YOU IS NOT INTENDED TO DIAGNOSE, TREAT OR CURE ANY HEALTH OR MEDICAL CONDITIONS OR AILMENTS. YOU SHOULD CONSULT WITH YOUR PHYSICIAN PRIOR TO BEGINNING ANY EXERCISE, FITNESS, TRAINING OR NUTRITION PROGRAM OR OTHERWISE TAKING ANY ACTION BASED, OR IN RELIANCE, UPON THE INFORMATION. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER OR NOT YOU CAN SAFELY BEGIN AN EXERCISE, FITNESS, TRAINING OR NUTRITION PROGRAM OR OTHERWISE TAKE ANY ACTION BASED, OR IN RELIANCE UPON, THE INFORMATION. IN MAKING THIS DETERMINATION YOU SHOULD CONSIDER, AMONG OTHER FACTORS, THE ADVICE OF YOUR PHYSICIAN, YOUR AGE AND OVERALL GENERAL HEALTH AND FITNESS LEVEL, AND ANY CURRENT OR PRIOR MEDICAL HISTORY OR CONDITIONS. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AT ANY TIME, CONSULT WITH YOUR PHYSICIAN IMMEDIATELY. DUE TO FREQUENT ADVANCES IN THE FIELD OF HEALTH, FITNESS AND NUTRITION, WE MAKE NO PROMISES OR ASSURANCES THAT THE INFORMATION IS CURRENT. ALL INFORMATION ON THE SITE OR PROVIDED TO YOU IS ON AN “AS IS” BASIS. EVERYONE IS DIFFERENT, AND THUS WE MAKE NO GUARANTEES OR WARRANTIES THAT THE INFORMATION ON THE SITE OR PROVIDED TO YOU IS SUITABLE FOR YOU OR WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO ACHIEVE YOUR HEALTH, FITNESS OR WELLNESS GOALS. NOT ALL INDIVIDUALS WILL ACHIEVE THE SAME OR SIMILAR RESULTS. EACH INDIVIDUAL’S HEALTH, FITNESS, AND NUTRITION SUCCESS DEPENDS ON A VARIETY OF PERSONAL FACTORS INCLUDING, BUT NOT LIMITED TO, GENETIC MAKE-UP, METABOLISM, CURRENT PHYSICAL CONDITION, DEDICATION AND MOTIVATION.
- General Conditions of Use. This Site is provided as a convenience for you. Your use of the Site and Information is voluntary and at your sole discretion and risk. We reserve the right to alter, suspend or terminate the Site at any time without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
- Intellectual Property. We or our licensors own the intellectual property rights in the Site, Information and all other material on the Site, including, but not limited to, our logo, trademarks, service marks and copyrighted material. You are granted no rights or licenses with respect to any of the foregoing, except that you may view, download for caching purposes only, and print pages from the Site for your own personal use, subject to the restrictions set out below and elsewhere in these Terms. You must not: (a) reproduce, republish, distribute or modify Information or other material from the Site (including republication on another website); (b) sell, rent or sub-license Information or other material from the Site; (c) show any Information or other material from the Site in public; (d) reproduce, duplicate, copy or otherwise exploit Information or other material on the Site for a commercial purpose; or (e) redistribute Information or other material from the Site except for content specifically and expressly made available for redistribution. All rights not expressly granted are reserved by us.
- Restricted Access; Registration. We reserve the right to restrict your access to the Site or certain areas of the Site in our sole discretion. You must be at least 18 years of age to register to use the Site. If you register to use the Site or for any services available through the Site, you must provide a user name, password and valid email address. Your registration is personal to you. You are responsible for maintaining the confidentiality of your user name and password at all times and you are responsible for all activity using your account, even if unauthorized.
- Information Submitted Using the Site. All non-personal information, know-how, techniques, comments, suggestions, feedback, questions, ideas and other information (collectively, “User Content”) you submit to us using the Site shall be treated for all purposes as non-confidential and non-proprietary. You acknowledge and agree that by submitting User Content using this Site, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, distribute, license and transfer User Content for any purpose, including, but not limited to, the development, offer and sale of goods and services including User Content. You will be entitled to no compensation or credit for our use of User Content. We will not release your name or otherwise publicize the fact that you submitted User Content unless you grant us permission to do so or we are required to do so by law. We are not responsible, and assume no liability, for any User Content or for any claims, damages, losses, injuries or liabilities resulting from your use of or reliance upon User Content.
- Prohibition Against Spamming, Malicious Code and Linking. You may not use the Site to create or send unwanted and unsolicited comments, posts or messages, including, without limitation, bulk commercial advertising or informational announcements, or to send comments, posts or messages which depict violence or are infringing, fraudulent, defamatory, libelous, unlawful, discriminatory, abusive, harassing, threatening, offensive, hateful, or of a sexual or pornographic nature. You may not create an account which contains or is used to post material which is intended primarily as an advertisement, such as, for example, posting a URL for the means of self-promotion. You may not introduce, or attempt to introduce, any malicious code, viruses, spyware, malware, worms, bots or anything else which is intended to disrupt, interfere with or harm the Site or users of the Site. You may not create links to this Site without our express written consent.
- Third Party Materials. The Site may from time to time display, include or make available Information, content, data, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Site, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. We do not warrant or endorse and do not assume and have no liability or responsibility to you or any other person for any such content. Your access to and use of any Third Party Materials is between you and such third party. Third Party Materials and links to other web sites are provided solely as a convenience to you.
- FURTHER DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; AND MAKES NO WARRANTY THAT: (A) THE SITE AND INFORMATION CONTAINED ON THE SITE WILL MEET YOUR REQUIREMENTS OR BE SUITABLE FOR YOU; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, ERROR-FREE, AND/OR VIRUS-FREE BASIS; AND (C) THE INFORMATION, MATERIALS AND CONTENT ON THE SITE IS ACCURATE, COMPLETE, UPDATED, AND/OR RELIABLE.
- Assumption of Risk; Waiver; Release; Covenant Not to Sue & Indemnification. In consideration of our permitting you to access and use the Site and Information, you hereby freely and voluntarily accept and fully assume all such risks, and the possibility of any and all injuries, losses and damages resulting therefrom. Specifically, you understand that physical activity and participation in any exercise or fitness programs, by its nature, carries with it certain risks that cannot be eliminated regardless of the care taken to avoid injuries. These risks can come from causes which are many and varied and which may not even be presently foreseeable. The specific risks vary from one activity to another, but in each activity the risks range from minor injuries such as bruises and sprains, to major injuries such as joint or back injuries and heart attacks, to catastrophic injuries such as death. You also acknowledge that you may be under an increased risk due to your past and current medical and health condition. You further, to the maximum extent permitted by law: (A) RELEASE ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, AND PROCEEDINGS (WHETHER CIVIL, CRIMINAL, OR ADMINISTRATIVE) AND ALL LIABILITIES, LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), COSTS, OR DAMAGES THAT YOU HAVE OR MAY HAVE IN THE FUTURE AGAINST BURCH FITNESS, LLC, OR ANY OF ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS OR CONTRIBUTORS (COLLECTIVELY, THE “RELEASEES”), WAIVE ALL SUCH CLAIMS AND AGREE NOT TO BRING ANY ACTION OR SUE ANY OR ALL OF THE RELEASEES FOR SUCH CLAIMS, DEMANDS, ACTIONS, SUITS, AND PROCEEDINGS (WHETHER CIVIL, CRIMINAL, OR ADMINISTRATIVE) AND ALL LIABILITIES, LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), COSTS, OR DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING OUT OF THE ACTUAL OR ALLEGED NEGLIGENT ACTS OR OMISSIONS OF ANY OR ALL OF THE RELEASEES; (B) AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASEES FROM AND AGAINST ANY AND ALL CLAIMS RELATING TO AND DAMAGES, LOSSES, JUDGMENTS OR OTHER LIABILITIES TO THE PROPERTY OR DATA OF ANY PARTY, RESULTING FROM YOUR ACCESS TO, USE OF, AND/OR INABILITY TO USE, THE SITE, OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE; AND (C) AGREE THAT IF YOU ARE DISSATISFIED WITH THE SITE OR INFORMATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND INFORMATION.
- Acknowledgements. You acknowledge and agree as follows: (a) we do not assume any responsibility for determining the suitability of the Site or Information for you or your ability to use the Site or for any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation, failed or unavailable hardware, network or software, other technical or human errors that may arise relating to the Site, or any causes beyond our reasonable control that jeopardize the administration, security or availability of the Site; (b) you are solely responsible for your use of the Site and Information and have made an independent judgment to use the Site and Information; (c) you have read, understand and fully agree to these Terms, and you voluntarily wish to access and use the Site and Information subject to these Terms; and (d) by agreeing to these Terms, you are waiving certain legal rights which you and/or your successors, heirs, executors, personal representatives, fiduciaries, and assigns may have against the Releasees.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE RELEASEES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, CUSTOMERS, DATA, COMPUTER HARDWARE AND SOFTWARE, OR GOODWILL, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, WARRANTY, OR TORT, ARISING FROM OR RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE, OR ANY INFORMATION OR CONTENT INCLUDED ON THE SITE.
- Limitation of Your Right to Assert Claims. To the maximum extent permitted by applicable law, you agree that any claim you may have against us must be filed within one (1) year of the date on which the claim arose and that if you fail to file a claim within this time period you have waived your right to file a claim or to otherwise seek recourse against us.
- Exclusions. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of liability for incidental or consequential damages or a limitation upon the time in which you are allowed to assert a claim against us. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, limit our liability, or limit the time during which you may assert a claim, the scope and duration of such warranty, the extent of our liability, and the limitation of time in which to commence an action shall be the minimum permitted under such applicable law.
- Interruptions. You acknowledge and agree that the Site may not be available at all times and your use may be interrupted due to issues which may include, but are not limited to, Site maintenance (scheduled and unscheduled), upgrades, emergency conditions, connectivity issues, server, telecommunication or equipment issues, or other conditions beyond our control.
- Reporting Intellectual Property Infringement. If you believe that any Information or other materials on the Site are infringing, please contact us at the following email address for further information regarding how to report this to us: firstname.lastname@example.org.
- Modification. We may modify these Terms from time-to-time without notice to you. Modified terms and conditions will be effective immediately and will apply to use of the Site from the date of publication on the Site. It is your responsibility to review these Terms periodically and make yourself aware of any modifications. Your continued use of the Site shall be deemed to be your conclusive acceptance of the modified terms and conditions.
- Breach. Without prejudice to our other rights under these Terms or otherwise at law or in equity, if you breach these Terms in any way, we may, in our sole discretion, take such action as we deem appropriate, including, but not limited to, suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site, disabling your user name and password and/or bringing a legal action against you.
- Construction and Binding Effect. These Terms are to be as broad and inclusive as is permitted by the laws of the State of New York, and if any portion of these Terms is held invalid or unenforceable, the remaining Terms shall continue in full force and effect. These Terms shall be binding upon you, as well as your successors, executors, personal representatives, fiduciaries, heirs and assigns.
- Choice of Law, Venue; Jurisdiction & Attorneys’ Fees. Any question or dispute concerning the construction, validity, interpretation and enforceability of these Terms shall be governed by the laws of the State of New York, without regard to its conflict of law rules. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. Venue of any dispute arising out of or relating to these Terms, including your use of and access to this Site or Information, shall be in a state or federal court located in Tompkins County, New York, United States of America. You irrevocably consent to the exclusive personal jurisdiction therein. You agree to be responsible for and reimburse us for all costs and fees associated with any dispute or legal action arising out of or relating to these Terms, including, but not limited to, reasonable attorneys’ fees.
- Waiver. Failure by us to enforce any of our rights under these Terms at any time does not constitute a waiver of those or any other rights. Any waiver must be in writing to be enforceable.
- Entire Agreement. These Terms (in addition to the terms and conditions applicable to any other services which you elect to purchase through or using this Site) represent the entire agreement between you and us with respect to your use of the Site.
- Headings. All section headings used in these Terms are for convenience of reference only and shall not be used in the interpretation or construction of these Terms.
- Contact. You can contact us at Burch Fitness, LLC, 407 College Avenue, PMB 481, Ste. 2, Ithaca, New York 14850 or by email at: email@example.com
Last Modified 11/27/18