By signing up for an ABC Fit Collective class, you acknowledge that you have voluntarily chosen to participate in a program of physical exercise. You further acknowledge that ABC Fit Collective strongly recommends that you consult with your physician prior to commencing any classes. You acknowledge that you are fully informed of the nature of this exercise program and the possibility of adverse physiological occurrences. You assume all risk for your health and well being, and fully release and hold harmless for any responsibility, cost or damages ABC Fit Collective and all its wholly owned subsidiaries, its trainers, members and employees. You acknowledge that your agreement to this release applies to each time you visit ABC Fit Collective. You hereby acknowledge that you, and any minor under your care, have voluntarily chosen to participate. You assume all risk for your health and well being, and that of any minor under your care, and fully release ABC Fit Collective and all its wholly owned subsidiaries from all liability.
TERMS OF SERVICE
This website is operated by ABC Fit Collective. Throughout the site, the terms “we,” “us” and “our” refer to ABC Fit Collective. ABC Fit Collective offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Our website is provided without warranties of any kind. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
SECTION 3 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 4 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of this service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ABC Fit Collective, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 5 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless ABC Fit Collective and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 6 – INFORMATION WE COLLECT
ABC Fit Collective collects Personal Information from and about users of the Service in a variety of ways. This includes:
Information You Provide. We collect Personal Information you provide when you use the Service or otherwise communicate with us. If you register an account with us, we will collect the information you provide, such as your name, screen name, Instagram handle, birthday, location, email address, and phone number. We will also collect any Personal Information you submit through your use of the Service. For example, the information you provide can include your messaging history and any information included in your messages via the Service. We may also collect Personal Information through your communications with our customer-support team.
Device and Usage Information. Like most online services, we automatically receive standard technical information when you interact with our Service, which may constitute Personal Information, including browser and device information such as unique device identifiers, mobile phone carrier, internet protocol (IP) addresses (which may identify your general geographic location), browser types, and the date and time of your interactions. We also receive information about your interactions with our Service, such as which website pages you visited and how much time was spent on the page.
SECTION 7 – HOW WE SHARE YOUR INFORMATION
We may share, transfer, or disclose your Personal Information, if you consent to us doing so, which consent may be express or implied as required in the circumstances, as well as in the following circumstances:
Comply with Legal Requirements. We may disclose your Personal Information as we believe to be necessary or appropriate to: (i) comply with applicable law and legal processes; (ii) respond to requests from public and government authorities including public and government authorities outside your country of residence; (iii) enforce our Terms of Service; (iv) protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; and (v) allow us to pursue available remedies or limit the damages that we may sustain.
SECTION 8 – INFORMATION SECURITY
We take steps in an effort to treat your information securely and in accordance with this Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.
SECTION 9 – SEVERABILITY
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
The terms of this section survive any termination of the Terms and Conditions.
SECTION 10 – GENERAL
The Terms and Conditions constitute the entire agreement between ABC Fit Collective and you with respect to your use of the Site, your purchase of products and services through the site, and as applicable any products or services of ABC Fit Collective. Any cause of action you may have with respect to the Site or ABC Fit Collective’s products or services 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 ABC Fit Collective to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and ABC Fit Collective, and you do not have any authority to create any obligation or make any representation on ABC Fit Collective’s behalf. You may not assign or transfer any rights or obligations of these Terms and Obligations, by operation of law or otherwise, without ABC Fit Collective’s written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and ABC Fit Collective and their respective successors and assigns.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York without regard to conflict of laws principles.
The terms of this section survive any termination of the Terms and Conditions.
SECTION 11 – TERMS & CONDITIONS UPDATE
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site. The Terms and Conditions displayed on the website at the time the order is accepted will apply to the order.
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or subcontract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.