Use of the Site
The Site is designed to be used by both certified Gliding® instructors ("Certified Instructors"), those participating in a Gliding workout (a "Workout Participant"), and third party administrative personnel associated with one or more of the Certified Instructors ("Administrator"). The information and services offered on this Site are provided solely for general information, and are not intended to (a) replace any advice or counsel from licensed or certified professionals; (b) constitute medical advice or apply specifically for any individual's unique needs and situation; and (c) diagnose, mitigate, treat, cure or prevent any disease or health-related condition. Only Certified Instructors in good standing, their Administrators, and/or Workout Participants that are enrolled or have completed a Gliding class from a Certified Instructor may access and use the Site.
- By Certified Instructors: Certified Instructors may access the general public sections of the Site without charge, and may access the instructor membership sections so long as they remain in good standing once certified. To remain in good standing and current in the teaching methods, a Certified Instructor must a) actively be teaching Pumped Up Strength classes, b) maintain compliance with the terms of the Certified Instructor agreement and c) comply with the Terms and Conditions herein . Additionally, Certified Instructors in good standing may have access to the paid portions of the membership sections which provide ongoing choreography content and tools provided the instructor is enrolled in the Monthly Choreography Membership as described further herein. Certified Instructors accessing the choreography sections shall be charged $9.99 per month for access to the Site, and continuing every 30 days thereafter, and shall be automatically charged the $9.99 per month, unless and until they notify the Company to cancel/discontinue their membership. Notification to cancel/discontinue membership can be done at any time through the user's account profile page, or by phone by calling 1-800-464-7309 (during normal business hours as posted on the contact page of this Site), or by email to email@example.com, or through additional contact methods provided on the contact us section of the Site. Notifications to cancel your membership must be done prior to the auto-renewal date for a new month in order to avoid being charged for the new month. No refunds shall be provided for notifications received after the auto-renewal date, however once the Company receives cancellation notification, then the membership shall continue through the completion of any paid month, and then terminate upon the next auto-renewal date. The auto-renewal date is the anniversary day of the month commensurating on the Start Date (i.e. if the Start Date is April 16, then the next auto-renewal date is the 16th of the applicable month). In the event a Certified Instructor cancels/discontinues their membership, and then subsequently re-enrolls in choreograph membership, then the returning Certified Instructor's Start Date will be defined as the start date of the new membership enrollment date (as applicable)..
- By Workout Participants: Workout Participants may access the general public sections of the Site without charge, but may not access the instructor membership sections.
- Administrators are provided access to the site by either a) completing the new corporation administrator form located on the Site and receiving Company approval or by receiving administrative access within a previously approved corporation where such access was granted consistent with the Site's corporate administrator rules. Administrators only have authorization to view information within their corporation (i.e. information accessible by Certified Instructors employed or contracted with their corporation) and to manage the Instructors holding Pumped Up Strength classes for their respective corporation, but Administrators cannot access paid membership sections unless they are Certified Instructors.
For questions about the products on this Site, please use the customer service e-mail links found on each product page or section. For questions about orders placed through the Site, please use the customer service link in the e-mail receipt you receive or by visiting the online Customer Service Center. You may also call our toll free customer service phone number, which you will find displayed on the Site and your original packing slip (for hard goods) and/or e-mail receipt (for membership access).
Copyright, Proprietary Content and Trademarks
Copyright: All Site materials that are posted by the Company, including, without limitation, the logos, designs, videos, text, graphics, software, other files, of the Company and the selection and arrangement thereof (individually and collectively, the "Content") are proprietary to the Company and its licensors, and are protected by United States and international copyright and other intellectual property rights, laws and treaties. The Site as a collective work is the copyrighted work of the Company. Access to and use of the Site is expressly governed by these Terms. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any element of the Site. You agree not to take any action to jeopardize, limit or interfere with the Company's ownership of and rights with respect to the Site and Content. Any copying, uploading, reproduction, transmittal or redistribution of the Content which is not expressly authorized by these Terms is strictly prohibited. You understand and agree that making modifications to, creating derivative works based on, or any unauthorized use of, the Content or any other elements of the Site is expressly prohibited.
Proprietary Content: The Company or its suppliers or licensors own and retain other proprietary rights in all products available through the Site and the collective arrangement of the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Company or the respective copyright owner. Permission is granted to display and access the materials on this Site for your personal, for training , and informational use only; provided that you may not, without the permission of the Company or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media, (b) modify the Content or otherwise create any derivative works; or (c) remove or alter any copyright or other proprietary notices contained in the materials. Such permission also does not include, without limitation: (a) any sale, resale, or commercial use of the Site, its content, or services obtained through the Site other than as expressly authorized within this Site; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. The Site and any elements contained therein may be incorporated into, and may incorporate, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to the Company to enforce any of your rights. All modifications or enhancements to the Site remain the exclusive property of the Company. Except as noted in this section, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of the Company or any third party.
Trademarks: The following is a partial list of the trademarks, service marks or registered trademarks of Company in the United States and other countries:
"Savvier", "Savvier Fitness", "Gliding", and any other Company logos, and the products described on this Site. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties. Certified Instructors in good standing have the right to utilize the Gliding trademark consistent with their signed Instructor License Agreement and the Company's trademark usage guidelines, which the Company has the sole discretion to modify at any time. All use of Company's trademarks shall enure to the benefit of the Company.
The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of the Company and the Company is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, sponsorship or adoption by the Company of the site or any information contained therein. When leaving the Site, you should be aware that the Company's Terms and Policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
The Site uses the latest nutritional data available from the USDA (United States Department of Agriculture). The Site also obtains nutritional data from food manufacturers about their products. The Company believes the information on this website to be accurate. However, the Company is not responsible for typographical or other errors.
Nutrition information is based on the ingredients and cooking instructions as described in each recipe and are by nature based on statistical averages. Nutrition may vary based on methods of preparation, origin and freshness of ingredients, etc.
The Site is not a substitute for the services of a trained health professional. Although the Company provides nutritional information for the Site's recipes, the information on the Site is for informational purposes only. No information, services, or materials offered by or through this Site shall be construed as or understood to be medical advice or care. None of the information on the Site shall be used to diagnose or treat any health problem or disease. You must consult with a physician, doctor, or health care provider before taking any product or using any information on this Site. Please discuss any concerns with your physician or registered dietitian.
To find a registered dietitian:
- In the U.S.: visit the American Dietetic Association at http://www.eatright.org/Public/index_7689.cfm.
- In Canada: visit the Dietitians of Canada at http://www.dietitians.ca/diet/ASP/findadietitian.asp.
- In Britain: visit the British Dietetic Association at http://www.bda.uk.com/.
- In Australia: visit the Dietitians Association of Australia at http://www.daa.asn.au/.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.
YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES OR CERTIFIED INSTRUCTORS ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO THE COMPANY FROM THIRD PARTIES OR BY CERTIFIED INSTRUCTORS. EXCEPT AS OTHERWISE AGREED IN WRITING, THE COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, NON-INFRINGEMENT, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THE COMPANY, THIRD PARTIES OR CERTIFIED INSTRUCTORS THROUGH THIS SITE. NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ITS CONTENT OR THE PRODUCTS, CONTENT OR SERVICES OFFERED THEREIN.
CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH THE COMPANY. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE SITE.
ALTHOUGH THE COMPANY STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, THE COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF VIRUSES, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL OR DESTRUCTIVE CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. IN ADDITION, THE COMPANY DOES NOT WARRANT THAT ACCESS TO THIS SITE, THE SITE AND ANY FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
THE COMPANY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED, UPDATED OR CORRECTED. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.
The terms of this section shall survive any termination of the Terms.
Limitations on Liability
IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR INTENTIONAL ACTS, SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS, CLUBS OR SERVICES THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT, CLUB OR SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS); OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF THE COMPANY OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE IS TO DISCONTINUE ANY USE OF THIS SITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO THE COMPANY FOR ANY PRODUCTS, CLUBS OR SERVICES SUPPLIED BY THE COMPANY THROUGH YOUR USE OF THE SITE IN THE TWELVE (12) MONTH PERIOD PRECEDING ANY SUCH CLAIM.
The Company will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, electrical or communications outages, fire, flood, terrorism, acts of God or nature, or war.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
WITH THE EXCEPTION OF ANY PRODUCT PURCHASES MADE THROUGH THE SITE DIRECTLY BETWEEN A WORKOUT PARTICIPANT AND THE COMPANY, ALL FINANCIAL TRANSACTIONS RELATING TO YOUR ENROLLMENT IN A GLIDING® WORKOUT DO NOT INVOLVE THE COMPANY AND ARE EXCLUSIVELY BETWEEN THE WORKOUT PARTICIPANT AND CERTIFIED INSTRUCTOR OR THE THIRD PARTY FITNESS FACILITY EMPLOYING OR CONTRACTING THE CERTIFIED INSTRUCTOR. CERTIFICATION OF AN INSTRUCTOR ONLY MEANS THAT AN INSTRUCTOR HAS COMPLETED CERTIFICATION TRAINING AND THE COMPANY IS NOT INVOLVED IN ANY ONGOING SUPERVISION OR CONTROL OF ANY CERTIFIED INSTRUCTORS.
The terms of this section shall survive any termination of the Terms.
User Responsibilities. You understand and agree that all data, text, information, links and other content (collectively, "Content"), however posted, is the sole responsibility of the person from which such Content originated. This means that the person posting the content, and not the Company, is solely responsible for all Content that is published, posted, uploaded, distributed, disseminated or otherwise transmitted (collectively, "Post") through the Site. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content Posted via the Site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
The Company's Conduct. You acknowledge that the Company does not pre-screen, control, edit or endorse Content made available through the Site and has no obligation to monitor the Content Posted via the Site. If the Company discovers Content that does not appear to conform to the Terms of Service, the Company may investigate and determine in good faith and in its sole discretion whether to remove the Content. The Company will have no liability or responsibility for performance or non-performance of such activities.
User Content. With respect to any and all text, graphics, descriptions, photographs, messages, video and any other content you elect to upload, post, e-mail or otherwise transmit through the Site ("User Content"), you grant the Company, its affiliates, and licensees the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, adapt, perform, display, publish, publicize, translate, prepare derivative works from, distribute, sell, and take any other action with respect to such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that the Company may preserve any such User Content and may also publicly disclose such User Content in its sole discretion. You further acknowledge that Company owns all rights (including but not limited to Copyright and any applicable rights of publicity) for any derivative works utilizing any User Content.
You represent and warrant with respect to all User Content that (a) you own or have the full right, power and authority to grant to the Company use of and rights in and to all provided User Content; (b) any User Content that You provide to the Company is true and accurate; (c) Your license of such User Content to the Company under this Site Agreement does not, and the use or license of such User Content by the Company to third parties will not, infringe any right or interest owned or possessed by any third party; and (d) there are no claims, judgments or settlements to be paid by You, or pending claims or litigation, relating to such User Content.
You expressly understand and agree that You, and not the Company, are entirely responsible for all User Content that You upload, download, post, email, transmit or otherwise make available via the Site and that the Company does not control, verify or monitor any User Content posted via the Site by any visitors to the Site, except as stated herein, and does not guarantee the accuracy, integrity or quality of such User Content. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. You acknowledge that you must independently verify any User Content and not exclusively rely on any User Content submitted to the Company or any other users of the Site through the Site.
You understand and agree that the Company shall have the right to use any User Content for any purpose, including without limitation for publication of all or part of such User Content on the Site and in any other forum or medium for unrestricted use by the Company for its users and partners. Company shall have the sole authority to choose the manner in which any Content will be received, displayed and used by the Site, and it reserves the right to remove any User Content or refuse access to the Site to anyone at any time in its sole discretion. The Company shall have no obligation to (i) resolve disputes among users of the Site; or (ii) monitor or verify the accuracy or proper use of any User Content.
Notwithstanding anything to the contrary, you may not:
- remove or conceal any proprietary notices from the Site;
- cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling of the Site, including any Content or any other elements contained or offered by the Site;
- disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
- use, frame, or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without the Company's express written consent;
- use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any Content or portion of the Site;
- use this Site for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;
- use meta tags or any other "hidden text" utilizing any Company name, trademark, or product name without the Company's express written consent, or deeplink to this Site without the Company's express written consent;
- create, purchase or utilize any banner ads, keywords or any other form of Internet optimization tools to compete with the Company's advertising or redirect traffic from the Company's Site (including by registering or using domain names similar to those utilized by the Site);
- use the Site or submit any User Content to generate or send any unsolicited commercial email (spam);
- copy any elements of the Site (other than as expressly provided under United States copyright laws);
- access, create or modify source code of the Site in any way;
- use the Site to, or in any way that would, violate any applicable local, state, national and/or international law, regulation, ordinance or fair business or medical practice;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise disguise the origin of any User Content;
- collect or store personal data about others;
- attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access or restricted from your access level;
- submit or publish User Content that solicits funds or services or contains or includes any virus, worm, software lock, drop dead device, Trojan-horse, routing, trap door, time bomb or any other code, instruction or program that is designed to distort, delete, damage, disable or impair the functionality of any computer or the Site; or
- use this Site to develop, generate, upload, post, display transmit or store information or Content that: (A) infringes any third party's intellectual property, confidentiality, trade secret or other proprietary right; (B) is defamatory, false, hateful, harassing, vulgar, libelous, pornographic, an invasion of privacy, obscene, sexually oriented, abusive, illegal, racist, offensive or harmful, designed to bully; or (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Site.
- Communications clearly insulting other users, individually or as a group, directly or indirectly, are not allowed. This includes, but not limited to, name-calling, direct insults and orders, insinuations, or insults towards family. Communications that insult or mock racial or ethnic groups and/or religious sentiments are not allowed.
The Company may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, or as otherwise legally required, and you expressly authorize the Company to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
It is the Company's policy to respect the copyright and intellectual property rights of others. The Company may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.
Please direct inquiries regarding copyright issues to: Savvier Fitness, 1493 Poinsettia Ave., Ste. 139, Vista, CA 92081.
Representations and Warranties
- You represent, covenant and warrant that:
- You possess the legal right and ability to enter into these Terms and to comply with its terms;
- You will use this Site for lawful purposes only and in accordance with these Terms and all applicable laws, regulations and policies;
- You will not attempt to decompile, reverse engineer or hack this Site, or to defeat or overcome any encryption and/or digital rights management technology implemented with respect to this Site and/or data transmitted, processed or stored by this Site;
- You will not take any steps to interfere with or in any manner compromise any of the Company's security measures;
- You will only use this Site on a computer on which such use is authorized by the computer's owner; and
- You are 13 years of age or older.
If the Company has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, the Company may suspend or terminate your account, deny any or all use of the Site, and pursue any appropriate legal remedies.
Accounts and Security
To use and access exclusive and proprietary elements of the Site, you must register with the Company to open an account ("Account"). As part of the registration process, an instructor must first register for a Gliding® certification training or have their initial information submitted to the Company by a Certified Instructor, or an Administrator. Upon receipt, the Company will forward to the instructor a temporary password and/or a link that allows the instructor access to complete their information. You shall provide the Company with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Account. You may not (i) select or use a user name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a user name that the Company, in its sole discretion, deems inappropriate or offensive.
Your Account may not be assigned, sublicensed, transferred, or shared with any other individual or entity, and you expressly agree not to provide any other entity your password or otherwise allow them to use or access your Account. You agree to notify the Company of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site under your user name and password.
The Company may immediately terminate your Account, or suspend your access to your Account, without notice, for conduct that the Company believes is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of these Terms or any other policies or guidelines posted by the Company; or (iii) harmful to other users, third parties, or the business interests of the Company. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. You shall be liable for any activities on or uses of your account even if such activities or uses were not committed by you. Upon termination of your Account by the Company for any of the above-mentioned reasons, you may not establish a new Account for a period of not less than one year from the date of termination. Upon termination of your Account, the Company will have no obligation to notify any third parties nor will the Company be responsible for any damages that may result or arise out of termination of your Account.
You agree to indemnify, defend and hold harmless the Company, its parents, affiliates, subsidiaries, officers, directors, employees, agents, and suppliers (collectively, the "Indemnified Parties"), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your: (i) violation or breach of any term of these Terms or any policy or guidelines referenced herein; (ii) use or misuse of this Site, the Content, any User Content, or any other element of the Site; or (iii) other violation of any rights of a third party.
The terms of this section shall survive any termination of the Terms.
Changes to the Site
The Company may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that the Company shall not be liable therefore.
This Site is controlled, operated, and administered by the Company from its offices within the United States of America. The Company makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You and Company agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration; and that any dispute between us, including disputes against any agent or affiliate will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction.
By agreeing to this arbitration AGREEMENT, you are giving up your right to go to court, including your right to a jury trial. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA"), and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879.If you initiate an arbitration, the Company will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified Company in writing and provided a copy of the arbitration proceedings. The prevailing party in the arbitration may be awarded attorneys' fees, costs and reimbursement of filing fees. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against the Company and may not preside over any kind of representative or class proceeding against the Company. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. You understand that by agreeing to this class actions waiver, you may only bring claims against COMPANY in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. IF YOU DO NOT AGREE TO THE FOREGOING TERMS, YOU MUST TELL US IN WRITING AND IMMEDIATELY CEASE USING ALL OF THE COMPANY'S SERVICES. IN THE EVENT THAT YOU HAVE MADE A PAYMENT TO THE COMPANY PRIOR TO YOUR NOTIFICATION TO THE COMPANY OF YOUR DISAGREEMENT TO THESE TERMS, AND SUCH PAYMENT AND NOTIFICATION IS MADE WITHIN THE FIRST 30 DAYS OF YOUR USE OF THE SITE, THEN THE COMPANY WILL PROVIDE A FULL REFUND TO YOU OF THOSE MONIES PAID TO USE THE SITE.
Notwithstanding any of these Terms, the Company reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use the Site and to block or prevent future access to and use of the Site. You agree that the Company shall not be liable for any termination of your use of or access to the Site.
Electronic Signatures and Agreements
The Company reserved any and all rights not expressly granted herein. Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and the Company, and you do not have any authority to create any obligation or make any representation on the Company's behalf. You may not assign this agreement, by operation of law or otherwise, without the Company's express prior written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and the Company and their respective successors and assigns. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms, including the agreements and policies referenced herein, constitute the final, complete and exclusive agreement between the Company and you with respect to your use of the Site, and may not be contradicted, explained or supplemented by evidence of any prior, contemporaneous, or oral agreements or any other additional terms except as may be amended in accordance with these Terms. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by the Company to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.
The terms of this section shall survive any termination of the Terms.
Questions If you have any questions or concerns about these Terms or any issues raised in these Terms or on the Site, please contact us at Savvier Fitness, 1493 Poinsetta Ave Suite 139, Vista, CA 92081.