Terms of use agreement
Liberation Fitness, Inc. has created this internet site on the world wide web. This site provides internet-based communications and information services to the consumer. By using this site, you signify your agreement to these terms and conditions of use. You must agree to these terms and conditions in order to use this site. Please read this document carefully. If you do not wish to be bound by these terms and conditions, you may not access or use this site or services and should immediately cease such use.
This agreement (hereinafter, the "agreement") between Liberation Fitness, Inc. (hereinafter, "LF", "Us" or "We") and you sets forth the terms and conditions which govern your use of the LF or LF sponsored websites (hereinafter, the "Site") and/or the services (hereinafter, the "Services") thereon which are provided by LF.
Please read this agreement carefully before accessing or using any portion of this site and/or services. By accessing or using this site and/or services, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use this site or services and should immediately cease such use. Liberation fitness, Inc. may modify this agreement at any time, and such modifications shall be effective immediately upon notice, which may be accomplished by posting the modified agreement on the site or via email. Your use of this site and/or services following such notice shall be deemed your acceptance of such changes. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site and/or the services shall be deemed your conclusive acceptance of the modified agreement. If we request, you irrevocably agree to sign a non-electronic version of this agreement.
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Limited license; use of services.
LF grants to you a limited personal, non-exclusive and non-transferable right and license to access the site and use the services thereon. Unless otherwise specified in writing, the services are for your personal and non-commercial use.
LF's services shall contain, without limitation, email services, bulletin and message boards, video demonstrations, progress charts
and various other message communication applications.
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Prohibited activities.
In connection with your use of the site and/or the services, you acknowledge and agree that you will not:
- 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;
- Access the site or services by any means other than through the standard industry-accepted or LF provided interfaces;
- Transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;
- Impersonate any person or entity, including without limitation, a LF employee, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
- Violate any applicable local, state, national or international law;
- Manipulate or otherwise display the site and/or the services by using framing or similar navigational technology;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any LF product or service if you are not expressly authorized by such party to do so;
- Use the site and/or the services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the site or the services in any manner that could damage, disable, overburden or impair LF's servers or networks, or interfere with any other user's use and enjoyment of the site and/or the services. Furthermore, you may not attempt to gain unauthorized access to any of the site, services, accounts, computer systems or networks connected to LF through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the site or the services.
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Billing and renewal transactions and policies.
Certain products or services may be offered for sale on the site. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by LF or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide LF or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Please note that we only accept credit card payments and do not accept debit card payments at this time. You agree to notify LF immediately in writing or via email at CustomerService@LiberationFitness.com if you discover that the card number you provided to LF when you signed up for membership is actually a debit card number.
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Automatic renewal terms
Your subscription will be automatically renewed and your credit card will be automatically charged on a quarterly, monthly or weekly basis, depending upon the billing terms for your account, for as long as you remain a member. You agree that LF will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged.
Your right to use the service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating this agreement and all LF obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
In the event you elect to terminate your subscription and LF is notified accordingly by calling (856) 786 - 7826, Monday through Friday, 9 a.m. to 8 p.m. eastern time, you shall be entitled to receive, on request, any refunds available to you. Terminations are not retroactive. If you terminate your membership after your membership period has begun, you will only be entitled to a refund for the unexpired portion of that membership period, less any applicable minimum charges. You may still be obligated to pay for other charges incurred. If you have an outstanding balance due on any LF account, you hereby agree that LF may charge these unpaid fees to your credit card.
To review the billing terms of your account, you may email CustomerService@LiberationFitness.com
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Third party content.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not LF. Neither LF nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, LF neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the sites or services by anyone other than an authorized LF representative while acting in his/her official capacity.
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Accounts, passwords and security.
If the site or services require you to open an account, you must complete the registration process by providing LF with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to LF which is untrue, inaccurate, not current or incomplete, LF reserves the right to terminate this agreement and your continued access and use of the sites and/or the services.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. Furthermore, you are entirely responsible for any and all activities and conduct, whether by you or anyone else, that are conducted through your account. You agree to notify LF immediately of any unauthorized use of your account or any other breach of security. LF will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by LF or another party due to someone else using your account or password.
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Disclaimer regarding links.
The links on this site and/or services will let you leave the site or service you are accessing in order to access a linked site (the "linked sites"). LF provides these links as a convenience, but we neither control nor endorse these linked sites, nor has LF reviewed or approved the content which appears on the linked sites. LF is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any linked sites. You acknowledge and agree that LF 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 of the links, content, goods or services available on or through the linked sites.
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Dealings with third parties.
Your participation, correspondence or business dealings with any third party found on or through our sites and services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that LF shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
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Proprietary rights.
You acknowledge and agree 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 LF or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning LF or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, photos, information, or other materials (collectively, " submission materials") you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such submission materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the submission materials. The foregoing license to LF shall be fully paid-up and royalty free. In addition, under no circumstances shall LF have any obligation whatsoever to pay a fee to any subscriber or user in connection with the submission materials upon the occurrence of a transfer of all or any portion of LF's business through a merger, sale or transfer of all or substantially all of the assets of LF, nor shall the sale of advertising on any of the sites give rise to any obligation to pay a fee to subscribers.
None of the submission materials disclosed or posted shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on LF's part and we shall not be liable for any use or disclosure of any such submission materials.
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Privacy.
Upon acceptance of these terms and conditions, liberation fitness, inc. authorize you to view or download a single copy of the material on the site and/or services solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the site and/or services. Any such special rules are listed as "legal notices" on the site and/or services and are incorporated into these terms and conditions by reference.
The contents of the site and/or services, such as text, images, graphics, software applications and other materials including software are protected by copyright under both united states and foreign laws, and title to the content shall not pass to you or any other subscriber or user. Unauthorized use of the content may violate copyright, trademark, and other laws. None of the content may be reverse-engineered, disassembled, reproduced, transcribed, resold or redistributed without the prior written consent of liberation fitness, inc.
For information obtained from the site's licensors, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the content or reproduce, display, publicly perform, distribute or otherwise use the content in any way for any public or commercial purpose. The use of the content on any other website or in a networked computer environment for any purpose is prohibited.
Content is subject to change without notice at the editorial discretion of LF. If you violate any of these terms and conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of any portion of the content.
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Copyright policy.
LF's policy with respect to the collection and use of your personally identifiable information is set forth at link to our privacy statement.
By accepting these terms of service, you acknowledge this policy.
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Disclaimer of warranties.
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, LF and its affiliates, suppliers, and agents do not warrant and expressly disclaim that: (I) your 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 and services are hosted are free of viruses or other harmful components. Your use of the site and the services and any information or materials provided on or through the site and services are entirely at your own risk.
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Limitation of liability.
Neither LF nor its directors, officers, employees, contractors, agents or sponsors are responsible or liable to you 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 sites or the services; (ii) any content contained on this site and/or the services; (iii) statements or conduct posted or made publicly available on the sites and/or the services; (iv) any product or service purchased or obtained through the sites; (v) any action taken in response to or as a result of any information available on the sites or the 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 this site or the services, or (vii) any other matter relating to this site and/or the services. In no event shall LF's total liability to you for any and all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence], statutory, or otherwise) exceed the amount paid by you, if any, for using any of the services or the sites.
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Professional advice disclaimer.
This site offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.
Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
This site is continually under development and LF makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard, developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.
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Indemnification
You agree to indemnify, defend, and hold LF and its 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) your breach of this agreement, (ii) any allegation that any materials that you submit to LF 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 this site and/or the services. This section 17 shall survive in the event this agreement is terminated for any reason.
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Jurisdictional issues.
LF makes no representation or warranty that the content and materials on the site and/or the services are appropriate or available for use in locations outside the united states. Those 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. LF reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the site and/or the services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
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Termination
This agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that LF, in its sole discretion, may terminate your password, account (in whole or in part), or use of the site or services, and remove and discard any content within the site, at any time and for any reason. You agree that any actions taken under this section 17 may be effective without prior notice to you. In the event of termination, however, those sections in this agreement which provide for continuing obligations on your part shall survive indefinitely.
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General information.
This agreement constitutes the entire agreement and understanding between you and LF and governs your use of the site and the services, superseding any prior agreements between you and LF. This agreement and the relationship between you and LF shall be governed by and construed in accordance with the laws of the state of New Jersey,
without regard to its conflict of law provisions. You and LF irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Burlington, in the state of New Jersey,
and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of LF to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement 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. The section titles in this agreement are for convenience purposes only and have no legal or contractual effect. This agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this agreement to any third party whom we choose without your consent. No waiver by LF of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.