By using the Site or purchasing or using the Products, you certify that (i) you are over 18 years of age. You must be at least 18 to access or enroll in any of the Products through the Site. The Site is not intended for the use of children.
1. This is a Binding Agreement
These Terms and Conditions are a binding legal agreement between you and us and govern your access to the Site and your purchase and use of the Product. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
2. The Products
The Product consists of the product described on the Site. You acknowledge and agree that the Company obtains the materials from the Providers.
3. Hold Harmless and Waiver of Rights
I realize the risks of cardiovascular exercise and/or weight training and am fully aware of the possibility of injury to my person as a result of the use of the products on this Site. I, therefore, fully understand and am mindful of the serious consequences which might result due to my involvement in cardiovascular exercise and/or weight training while using the products. I voluntarily assume any and all risks of loss, damage or injury of any kind whatsoever from my use of any and all of the products on the Site, and further, with full knowledge of the consequences, I expressly waive any and all liability on the part of the Site and/or its respective staff, trainers, officers, directors, shareholders, agents and promotional representatives. In consideration for my allowance to use the Products I hereby stipulate and agree: 1) That I am physically sound and have been medically approved to proceed with a normal routine of exercise. That all exercise shall be undertaken by me at my sole risk. That I am in good health and have no physical, psychological, psychiatric or medicinally induced conditions or limitations that would preclude or be aggravated by exercise or an exercise program. 2) That I am forewarned that the Site will not in any event provide medical and/or hospitalization insurance for my benefit in the event of an injury to my person occurring as a result of my participation in an exercise program. I hereby release, hold harmless and will indemnify the Site and its staff (including Trainers, Officers, Directors, Shareholders, Agents and Promotional Representatives) from and against all actions, claims, costs, expenses or demands, in respect of such injury or injuries, including death, howsoever caused, arising out of or in connection with my use of the Site and its Products. 3) I acknowledge and specifically intend that this Release, Hold Harmless and Waiver of Rights, shall be effective not only on the date hereof, but also on any and all occasions subsequent hereto when I shall use the Site and its Products.
4. Important Information Regarding Your Authorization to Charge Your Credit or Debit Card
BY SUBMITTING YOUR ORDER, YOU AUTHORIZE US TO CHARGE YOUR CREDIT CARD OR DEBIT YOUR BANK ACCOUNT THE STATED ENROLLMENT AMOUNT AND/OR PROCESSING FEES, FOR THE ONLINE PRODUCT. If you purchase additional Products, they will be billed to the debit or credit card provided to us during enrollment. You must provide valid debit or credit card payment information at the time of enrollment in Subscription Products.
5. Privacy Policy
We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy. We do not share or sell your information to any third party. While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name ("Personal Information"). We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.
7. Copyright and Trademark Notices
You acknowledge that the Site and other forms of communication, including but not limited to electronic mail and direct mail, contain information, software, photos, video, text, graphics, music, sounds, or other material (collectively, “Content”) protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. All Content is copyrighted under U.S. copyright laws. The Products’ names and logos are our service marks. All other service marks and trademarks appearing on the Site are the trademarks of their respective owners. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any Content in whole or in part.
8. We Reserve the right to Terminate your Subscription
We reserve the right to terminate your membership or access to the Products at any time without notice, for any reason, including but not limited to (i) breach of these Terms and Conditions by you or anyone using your account, (ii) nonpayment for the Products or expiration of your subscription period, (iii) conduct we believe is harmful to the Products’ users, (iv) those reasons otherwise described in these Terms and Conditions, or (v) any other circumstances that we determine, in our sole discretion, merit termination. Any such termination may be without any refund to you. You agree that we will not be liable to you or to any third party for any termination of your membership or termination of your access to the Products.
9. Miscellaneous Terms
These Terms and Conditions constitute the entire agreement between you and us relating to the Site and the Products and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Site and the Products and any other subject matter covered by these Terms and Conditions. Our failure to exercise or enforce any right under or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions will remain in full force and effect. You may not assign these Terms and Conditions or any of your rights or obligations under the Terms and Conditions. These Terms and Conditions may be assigned by us and will inure to the benefit of our successors, assignees, and licensees. The section titles and headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. In the event of a conflict between any other notice, policy, disclaimer, or other term contained in the Site, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. .