UNLEASHED FITNESS, LLC
TERMS AND CONDITIONS
This Terms and Conditions statement was last changed on 24 August 2016.
Thank you for visiting UnleashedFitness.com. This site is owned by Unleashed Fitness, LLC (“UF”). This Terms and Conditions statement (“T&C”) governs your use of the Site and Services that are provided by UF, as defined herein. UF operates this website (“Site”) our mobile application on a mobile device (“App” or “Site”) and the services and products related to or offered on the Site (“Services”). UF’s Services may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and downloadable mobile applications related to the Site or provided through the Site.
THESE T&Cs REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
THESE T&Cs APPLY TO ALL PURCHASES OF UF GOODS AND SERVICES.
UF reserves the right to change this Policy from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and Site policies periodically and to be aware of any modifications. Your continued use of this Site after such modifications will constitute your acknowledgment of the modified T&C, and your agreement to abide and be bound by the modified T&C, which will be effective 30 days following posting.
By visiting this Site or using the Services, you are accepting the policies and practices described in this T&C. Each time you visit the Site or use the Services, you agree and expressly consent to and reaffirm your acceptance of the then-current T&C, and your agreement to be bound thereby.
Informational Purposes Only and Assumption of Risk
The Site and Services offer health, fitness and nutrition related information, but are designed for informational purposes only. DO NOT RELY ON SITE INFORMATION AS A SUBSTITUTE FOR OR TO REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALL CONCERNS OR QUESTIONS ABOUT YOUR HEALTH SHOULD ALWAYS UTILIZE A CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY MEDICAL OR HEALTH RELATED ADVICE FROM HEALTH-CARE PROFESSIONALS BECAUSE OF SOMETHING ON OR RELATED TO THE SITE OR THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITE OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Site or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this T&C, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Site or through the Services and no assurance can be given that the information contained on the Site or the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Site or Services. If you rely on any of the information provided by this Site or the Services, our employees, or guests or visitors to the Site, you do so solely at your own risk.
Site users agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to use of the Site and Services. Users also acknowledge and agree that use of the Internet and access to the Site is solely at your own risk. Users should also understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, UF is not responsible for the security of any information transmitted to or from the Site. UF reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.
This T&C provides to each user a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site conditioned on continued compliance with this T&C. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
Activities Prohibited on the Site
The Site and the Services are not intended for minors under the age of 18 and minors under 18 should not use the Site or the Services. User acknowledges and agrees that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of UF, its Licensors or content providers. Unless otherwise specified in writing, the Services are for user personal and non-commercial use. In connection with use of the Site and/or the Services, users acknowledge and agree not to: 1) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services; 2) access the Site or Services by any means other than through the standard industry-accepted or UF-provided interfaces; 3) post or transmit any material that contains a virus or corrupted data; 4) delete any author attributions, legal notices or proprietary designations or labels; 5) violate any applicable local, state, national or international law, rule or regulation or use the Site and/or the Services for any purpose that is prohibited by this T&C; 6) manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology; 7) register, subscribe or unsubscribe any party for any UF product or service if you are not expressly authorized by such party to do so; 8) use the Site or the Services in any manner that could damage, disable, overburden or impair UF servers or networks, or interfere with any other user’s use and enjoyment of the Site and/or the Services; 9) gain or attempt to gain unauthorized access to the Site, Services, accounts, computer systems or networks connected to UF through hacking, password mining or any other means; 10) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services or harvest or otherwise collect information about other users without their consent; or 11) use the Site in any manner that could damage, disparage, or otherwise negatively impact UF. In addition, users agree to comply with all posting guidelines. Without limiting the generality of the foregoing, copying or reproducing any services, programs, products, information or materials provided by UF to any other server or location for further reproduction or redistribution is expressly prohibited.
The following is a partial list of the types of conduct that are illegal or prohibited on the Site. UF reserves the right to investigate and take appropriate legal action against any user who, in UF’s sole discretion, engages in any of the prohibited activities on the Site. Prohibited activities include, but are not limited to, the following:
a. posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
b. posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by UF in its sole discretion. UF takes no responsibility for monitoring such content or in evaluating it;
c. posting advertisements or solicitations of business;
d. after receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
e. posting chain letters or pyramid schemes;
f. impersonating another person;
g. distributing viruses or other harmful computer code which is malicious or technologically harmful;
h. harvesting or otherwise collecting information about others, including email addresses, without their consent;
i. allowing any other person or entity to use your identification for posting or viewing comments;
j. posting the same note more than once or “spamming”;
k. harassing, threatening, stalking, or abusing any person;
l. attempting to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; or
m. engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole discretion of UF, exposes UF or any of its customers or suppliers to any liability or detriment of any type.
Monitoring and Enforcement
UF reserves the right, but is not obligated, to do any or all of the following:
a. record the dialogue or content posted on any pages of the Site;
b. investigate an allegation that anything posted on the Site does not conform to this T&C and determine in its sole discretion to remove or request the removal of the posting;
c. remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with this T&C;
d. terminate user access to the Site upon any breach of this T&C, either directly or indirectly;
e. monitor, edit, or disclose any posting on the Site; and
f. edit or delete any communications posted on the Site, regardless of whether such communications violate these standards; or
UF may disclose user information including personal identity and other personal information to any third party who claims that material posted by user violates their rights, including their intellectual property rights or their right to privacy.
Without limiting the foregoing, UF has the right to fully cooperate with any law enforcement authorities or court order requesting or directing UF to disclose the identity or other information of anyone posting any materials on or through the Site. USERS WAIVE, AND HOLD HARMLESS UF FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY UF DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF UF, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.
UF does not undertake to review any materials before users have posted them on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. UF assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. UF has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
UF hosts message boards, chats and other public forums (“Forums”) on its Site and through the Services. Forums are intended to serve as discussion centers for users and subscribers of the Site. These Forums are public and any information that users post on the Site or through the Services may be seen by anyone on the Internet. Users may only post content to the Site that was created by user or which the owner of the content has given user permission to post. Users may not post or distribute content that is illegal or that violates this T&C. Any user will have the ability to edit or delete their own posts after posting. Users are required to treat others with respect, be fair and informative, and post valuable information supported by facts. Unless based on personal experience, references to health-related or medical information must be included in posts. By posting or distributing content to the Site, users represent and warrant that they: own all the rights to the content or are authorized to use and distribute the content to the Site; and, the content does not and will not infringe any copyright or other third party right nor violate any applicable law or regulation.
Users should carefully choose the information posted on the Site. Any content that users post to the Site is considered non-confidential and non-proprietary. Users must follow the below guidelines when posting information and media on the Site or through the Services and may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, libelous or defamatory, or otherwise objectionable subject matter, anything that interferes with or disrupts the Site, statements or materials that misrepresent user’s affiliation with UF, junk mail or spam, unauthorized advertising, or any material that infringes or may infringe the intellectual property rights of any party. Users are solely responsible for anything they may post on this Site and the consequences of posting anything on this Site.
All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
Certain Services may be offered for sale on the Site. Purchase of or subscription to Services will require user supplied information to UF or an authorized third party, for example, full name, address, telephone number, credit card information, etc. User agrees to provide the requested information as well as any other mandatory information. User agrees that any such information provided shall be accurate, complete and current. User agrees to comply with the terms and conditions of any agreement that you may enter into governing your purchase of Services. User shall be responsible for all charges incurred through user’s account as well as any and all applicable taxes. By providing UF with credit card number and associated payment information, user agrees that UF and/or a third party service provider are authorized to immediately invoice user’s account for all fees and charges due and payable to us as a result of the order, including but not limited to service fees, subscription fees or any other fee or charge associated with the Services. In the event that access to an applicable Services requires a recurring payment, user agrees that UF and/or a third party payment service provider may automatically invoice user’s account at the beginning of each recurring period. UF reserves the right to, from time-to-time, increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated through a posting on the applicable Site or such other means as deemed appropriate. User agrees to immediately notify UF of any change in billing address or credit card information used for payment of Services. User’s right to use Services is conditional upon UF receipt of payment. If payment cannot be charged to user’s credit card or if a charge is refunded for any reason, including chargeback, UF reserves the right to either suspend or terminate user’s access and account. User agrees that in the event UF is unable to collect the fees owed for Services, UF may take any other steps deemed necessary to collect such fees from user, and that user will be responsible for all costs and expenses incurred by UF in connection with such collection activity, including collection fees, interest, court costs and attorneys’ fees. To review the billing terms on user’s account or to terminate Services, you may email UF at email@example.com.
Content Posted by Others
UF is not responsible for, and does not endorse content in any posting made by others on the Site. Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site by third parties, including information providers, are those of the respective authors or distributors and not UF. Neither UF, nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. UF does not endorse and is not responsible for the accuracy and reliability of any opinion, advice or statement made on the Site or Services by anyone other than an authorized UF representative while acting in his/her official capacity. Users are solely responsible for their reliance on anything posted by others on the Site. Users may be exposed through the Site or Services to content that violates our policies, is sexually explicit or is otherwise offensive. Users access the Site and Services at their own risk. UF takes no responsibility for user exposure to third party content on the Site or the Services. UF does not assume, and expressly disclaims, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that UF does not advocate the use of any product or procedure described in the Site or through the Services, nor is UF responsible for misuse of a product or procedure due to typographical error.
If UF conducts a sweepstake, contest, game, or the like (“Contest”) on the Site, the rules governing the Contest shall be accessible through a hypertext link prominently displayed on the page where the Contest is located. By entering or participating in any Contest, user agrees to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
User Responsibility to Protect User Accounts and Passwords
UF reserves the right to withdraw or amend this Site and Services, in its sole discretion without notice. UF will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time-to-tie, UF may restrict access to some part of the Site, or the entire Site. When users create or open an account, user must complete the registration process by providing UF with current, complete and accurate information, as prompted by the applicable registration form. User acknowledges that by providing any information to UF which is untrue, inaccurate, not current or incomplete, UF reserves the right to terminate user access and use of the Site and/or the Services. As part of the registration process, user will be asked to select a username and password. User is entirely responsible for maintaining the security and confidentiality of user’s account and password. User is entirely responsible for any and all activity and/or conduct, by user or anyone user allows to use account, that are conducted through user’s account. User agrees to safeguard account password from access by others. User agrees to notify UF immediately of any unauthorized use of user’s account or any other breach of security. Neither UF nor its affiliates will be liable for any loss that user may incur as a result of someone else using your password or account, either with or without user’s knowledge and/or permission. User may be held liable for any losses incurred by UF, its affiliates, or another party due to someone else using user’s account or password.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. UF has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
UF may disable all or any social media features and any links at any time without notice in our discretion.
UF reserves the right to disallow users to link to the Site at any time in our sole discretion. If UF exercises such right, user agrees to immediately remove and disable any and all of user’s links to the Site. In the absence of a written agreement with UF specifying how you may link to the Site, use the following guidelines for adding one or more links to the Site from your website: link must be a text-only link that clearly includes the URL of the applicable site; if link points to any page on Site other than home page, the text link must also include the title of the target landing page; appearance, position and other aspects of link may not be such as to damage or dilute the goodwill associated with UF’s good name and trademarks; appearance, position and other aspects of link may not create the false impression that an entity is associated with, sponsored by, or endorsed by UF; link, when activated by a user, must display the Site full-screen and not within a “frame” on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows; and link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.
Links on the Site and/or Services will let users to leave the particular Site or Service being accessed in order to access a linked third party site (“Linked Site”). UF provides these links as a convenience, but UF neither controls nor endorses Linked Sites, nor has UF reviewed or approved the content which appears on the Linked Sites. UF is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Site. User acknowledges and agrees that UF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any Linked Site links, content, goods or services.
Dealings with Third Parties
User participation, correspondence or business dealings with any third party found on or through UF Site and/or Services, including, without limitation, advertisers and/or other users, regarding payment and delivery of Services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between user and such third party. User agrees that UF shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UF, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) USE OF THE SITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITE OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE SITE AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE AND SERVICES ARE ENTIRELY AT USER’S OWN RISK. UF MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITE OR THROUGH THE SERVICES. UF MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE OR THE SERVICES.
Limitation of Liability
NEITHER UF NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO USERS OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF UF OR ITS LICENSORS OR AFFILIATES TO USER FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY USER, IF ANY, FOR USING THE SITE AND/OR SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to each user. To the extent that UF may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of UF liability will be the minimum permitted under such applicable law.
User agrees to indemnify, defend and hold UF and its Licensors, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) user’s breach of this T&C; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Site or the Services.
UF Intellectual Property
The entire contents of the Site are copyrighted as a collective work under the laws of United States and other copyright laws. UF holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site solely for your own non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. Users agree not to change or delete any proprietary notices from materials downloaded from the Site.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by UF or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
This T&C permits users access to the Site for personal, non-commercial use only. Users must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site. Users must not: modify copies of any materials from the Site; use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and/or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. Users must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If users print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the T&C, user’s right to use the Site will cease immediately and user must, at UF’s option, return or destroy any copies of the materials made. No right, title or interest in or to the Site or any content on the Site is transferred to users, and all rights not expressly granted are reserved by UF. Any use of the Site not expressly permitted by this T&C is a breach of this T&C and may violate copyright, trademark and other laws.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by UF infringe your copyright, you or your agent may send to UF a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon UF actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to UF a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; identification of the copyrighted work that you claim has been infringed; identification of where the material that you claim is infringing is located on the Site or Services reasonably sufficient to permit UF to locate the material; information reasonably sufficient to permit UF to contact you; a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and, a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement or counter notices should be sent as follows: Emily Schromm, Unleashed Fitness, LLC, 1528 Wazee St., Denver, Colorado, 80202; E-mail: firstname.lastname@example.org. UF suggests that consultation with legal advisor before filing a notice or counter-notice because there can be penalties for false claims under the DMCA.
UF makes no representation or warranty that the content and materials on the Site or the Services are appropriate or available for use in locations outside the United States. Users who choose to access the Site or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. UF reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site or the Services to any person, geographic area or jurisdiction, and to limit the quantities of any Services.
User agrees that UF, in its sole discretion, may terminate user’s password, account (in whole or in part) or use of the Site or Services, and remove and discard any content within the Site or Services, at any time and for any reason. User agrees that any actions taken under this Section may be effective without prior notice to user.
This T&C and the relationship between user and UF shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. User and UF irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts in the State of Colorado, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Waiver and Severability
The failure of UF to exercise or enforce any right or provision of this T&C shall not constitute a waiver of such right or provision. If any provision of this T&C is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.
Successors and Assigns
UF may perform any of its obligations or exercise any of its rights under this T&C through any of its affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with UF). If UF or its assets are acquired by another entity, that entity will assume UF’s rights and obligations as described in this T&C. Users may not assign their rights or obligations under this T&C, by operation of law or otherwise, without our prior written consent from UF.
UF may modify this T&C at any time, as deemed appropriate. If user disagrees with the changes to the T&C, user must discontinue use of the Site and Services, and if user has registered on the Site or for Services, cancel their registration. User’s continued access or use of the Site or Services following such notice signifies acceptance of the modified T&C. It is user’s responsibility to review the T&C regularly to be aware of such modifications. UF reserves the right to modify or discontinue the Site or Services with or without notice. UF will not be liable to users or any third party should UF exercise the right to modify or discontinue the Site or Services. If users object to any such changes, user’s sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate user’s acknowledgement of such changes and acceptance of the Site or Services as so modified and user’s use of new Services will be governed by this T&C.
Resolving Disputes — Arbitration
Most user concerns can be resolved quickly and to the user’s satisfaction. If UF is unable to resolve a complaint to a user’s satisfaction, UF and user each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or relate to this T&C (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration in accordance with the rules of the American Arbitration Association (“AAA”). Unless you and UF agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879. You agree to arbitration on an individual basis. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).