IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THE SITE AND/OR PURCHASE FITNESS TARANTULA'S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN. IF YOU FIND YOUR CHILD HAS PURCHASED A PRODUCT AND/OR SERVICE WITHOUT YOUR CONSENT AND WISH TO CANCEL, YOU MAY DO SO AT ANY TIME BY EMAILING SALES@FITNESSTARANTULA.COM OR BY CANCELLING YOUR SUBSCRIPTION VIA THE “USER SETTINGS” TAB AT THE TOP OF EACH PAGE.
YOUR REMEDY FOR DISSATISFACTION WITH THE SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.
You understand and agree that temporary interruptions of the services available through the Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on the Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
User Name: You may not use someone else's name, a nickname, a pseudonym, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
Account Security: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including but not limited to any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
If you become aware of an unauthorized access to your account, you must change your password and notify us immediately at email@example.com.
Restrictions: THIS LICENSE IS PERSONAL TO YOU AND MAY NOT BE ASSIGNED OR SUBLICENSED TO ANYONE ELSE.
You further agree that, except as expressly permitted by Fitness Tarantula in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Site. Nor will you take any measures to interfere with or damage the Site. All rights not expressly granted by Fitness Tarantula are reserved.
Account Deletion: You may delete your account at any time. Basic accounts may be deleted from the Site if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months.
Termination for Breach: Fitness Tarantula may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted, with or without notice and for any reason, if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage Fitness Tarantula's reputation and goodwill. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. If Fitness Tarantula deletes your account for the foregoing reasons, you may not re-register for the Site. We may block your email address and Internet protocol address to prevent further registration.
Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. You must only use the Site for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Site. Fitness Tarantula has the right, but not the obligation, to monitor all conduct on and content submitted to the Fitness Tarantula Service.
You agree not to access (or attempt to access) our Site or any product and/or service by any means other than through the interface that is provided by Fitness Tarantula, unless you have been specifically allowed to do so in a separate agreement with Fitness Tarantula. You specifically agree not to access (or attempt to access) our Site or any product and/or service through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on our Site or any product and/or service.
In using the Site, you further agree:
not to 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;
not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites [including, but not limited to, harassing or stalking any other person, harming or exploiting minors, and distributing junk or bulk email (also known as “spamming)];
not to upload, post, or otherwise transmit through or on the Site any viruses or any other computer code(s), files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
not to act in a deceptive manner (including, but not limited to, impersonating any person or entity), not to create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the Site;
not to collect or store personal data about others;
not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
not to post any material that is knowingly false and/or defamatory, inaccurate, abusive (including, but not limited to, depictions of extreme violence, animal cruelty or extreme violence towards animals), vulgar, hateful, harassing, obscene, profane, sexually oriented [including, but not limited to, sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted)], threatening, invasive of a person's privacy, or otherwise violative of any law;
not to post any material that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; and
not to promote fraudulent schemes, multi- level marketing (MLM) schemes, “get-rich-quick” schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; and
to be bound by the Product Submission Policies of Fitness Tarantula, including that any product submission you may make to Fitness Tarantula will not be held in confidence by Fitness Tarantula, and is not proprietary, that Fitness Tarantula may use the product submission and any aspect thereof for any purposes in Fitness Tarantula's sole discretion, and that Fitness Tarantula owes no duties or obligations with respect to you or the product submission made.
You may not without our prior written consent:
copy, reproduce, use, or otherwise deal with any content on the Site [including, but not limited to, using, framing, or utilize framing techniques to enclose any Fitness Tarantula 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), as well as using meta tags or any other "hidden text" utilizing a Fitness Tarantula name, trademark, or product name];
modify, re-post, distribute, or facilitate distribution of any content on the Site for any purpose (including, but not limited to, deep linking to the Site); or
use the content of the Site for any commercial exploitation whatsoever.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, applied trademark and/or registered trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Content Uploaded to the Site:
USERS OF THE SITE MUST ONLY POST UPLOADED CONTENT THAT IS OWNED BY, AND FEATURES, THEMSELVES, AND NO OTHER THIRD PARTIES.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site. Fitness Tarantula reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion or to satisfy or comply with applicable laws, regulations and/or legal processes. You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Submissions: As between you and Fitness Tarantula, you own all content that you submit to the Fitness Tarantula Service. You grant Fitness Tarantula and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" in your content. You further grant all users of the Fitness Tarantula Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to Fitness Tarantula on improving or adding new features to the Fitness Tarantula Service, Fitness Tarantula shall have the right to use your suggestions without any compensation to you.
Furthermore, please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
If, for any reason, your credit card company refuses to pay the amount billed for the service, you agreement that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.
You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Fitness Tarantula periodically offers a number of membership plans, including special promotional plans, subscriptions or memberships with different limitations. Fitness Tarantula reserves the right to modify, terminate or otherwise amend our offered membership plans.
For the purposes of this Agreement, a day is defined as the twenty four (24) hour period beginning at the time you purchase your Subscription. A month is defined as thirty (30) consecutive days beginning on and including the date that you activate your Free Trial Period or Subscription.
By starting your Subscription, you are expressly agreeing that Fitness Tarantula is authorized to charge you a Subscription fee to the Payment Method you provided during registration. Please note that prices and charges are subject to change with notice. As used in these Terms of Service, “billing” shall indicate a charge or debit, as applicable, against your Payment Method.
If you use the Site or other means to purchase a product, payment must be received by Fitness Tarantula prior to Fitness Tarantula's acceptance of an order, unless otherwise agreed by Fitness Tarantula. All Fitness Tarantula products may be subject to sales tax and will be applied to your order total if applicable. Fitness Tarantula may need to verify information you provide before Fitness Tarantula accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Fitness Tarantula will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Fitness Tarantula expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
In ordering products through the Site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Fitness Tarantula is registered to you. Fitness Tarantula shall have the right to bar your access to and use of the Site or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Fitness Tarantula, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Fitness Tarantula will reject orders where the stated delivery address is outside the United States. Fitness Tarantula will add applicable shipping and handling fees to parcels within the United States.
Fitness Tarantula reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Site without incurring any obligation to you.
Fitness Tarantula's descriptions of, or references to, products not owned by Fitness Tarantula on and outside of the Site do not imply endorsement of that product, or constitute a warranty, by Fitness Tarantula.
The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed (and your card charged) within 30 days prior to the expiration of the term and each period thereafter. IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST, PRIOR TO THE EXPIRATION OF YOUR SUBSCRIPTION TERM, INFORM US OF YOUR INTENTION NOT TO RENEW YOUR SUBSCRIPTION TO THE PRODUCT BY CANCELLING YOUR SUBSCRIPTION VIA THE USER SETTINGS TAB AT THE TOP OF EACH PAGE.
You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is cancelled (for example, for loss or theft). Changes to such information can be made by emailing firstname.lastname@example.org.
We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.
We will automatically begin billing your Payment Method for Subscription fees at the end of the Free Trial Period unless you cancel prior to the end of the Free Trial Period. To view the specific details of your membership, including your Subscription status, monthly Subscription price and the end date of your Free Trial Period, view your account information, which is accessible at fitnesstarantula.com in your user settings tab. Your Payment Method may be authorized for up to approximately one term of service as soon as you activate a Subscription, including a Free Trial Period. In some instances, this authorization will reduce your available balance or credit limit; however, we will not make any charges against the Payment Method unless you do not cancel your Subscription prior to the end of your Free Trial Period. You will not receive a notice from us when your free trial period ends or when the paying portion of your Subscription has commenced. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL PERIOD, WE WILL NOT CHARGE YOUR PAYMENT METHOD. You may cancel your Subscription at any time.
Unless stated otherwise, tangible products on the Site (DVDs, t-shirts, etc) carry a 30-day money-back guarantee starting from the date that the product is delivered to you. In the event that you are not 100% satisfied with your purchase, please email Customer Service at email@example.com for a Return Authorization Number and return the product within the money-back guarantee period to receive a refund of the purchase price of your product, less shipping and handling. If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit. If returned products are lost or damaged in transit, we reserve the right to charge you for, or not refund any amounts attributable to, such products or loss or damage. Should you experience any difficulty or delay in returning a product and securing the proper refund, please email firstname.lastname@example.org.
If your 13-17 year-old child purchased a product and/or service from the Site without your consent and you wish to file a claim(s) in court, the total liability to you shall not exceed the amounts paid by you to Fitness Tarantula over the duration of time referred to in your claim(s)
Fitness Tarantula shall be under no obligation to refund any Subscription fee under any circumstances. However, in the event that Fitness Tarantula, in its sole discretion, determines that you are entitled to a refund of all or part of a Subscription fee, such refund shall only be made to the credit card account originally used by you to purchase your Subscription.
The delivery time for shipments to P.O. Boxes within the United States, including to U.S. territories, Alaska and Hawaii, may take up to 7-21 days.
orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on the Site, including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error;
all prices are displayed in United States Dollars unless expressly indicated otherwise;
packaging may vary from that shown on the Site;
any weights, dimensions, and capacities shown on the Site are approximate only; and
all items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available.
For questions about the products or services on the Site, please email email@example.com. For questions about orders placed through the Site or otherwise, please email firstname.lastname@example.org.
Trademarks: Together with other logos and product names described on the Site, the following includes a partial list of claimed trademarks of Fitness Tarantula LLC, in the United States: Fitness Tarantula. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fitness Tarantula or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Fitness Tarantula, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fitness Tarantula. Other names and brands may be claimed as the property of others.
If you or any user of this site believes its copyright, applied trademark and/or registered trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Ultimate Fitness Anywhere LLC
2735 N. Clark St., #163
Chicago, IL 60614
The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.
This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us for any damage to, any deletion of or any failure to store your files, data or Registration Data.
Dealings with Third Parties:
Your participation, correspondence or business dealings with any third party found on or through the Sites and Service, 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 Fitness Tarantula shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FITNESS TARANTULA OR THROUGH OR FROM OUR PRODUCTS AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. FITNESS TARANTULA DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, FITNESS TARANTULA DISCLAIMS ALL WARRANTIES NOT EXPLICITLY STATED HEREIN.
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 survive any termination of the Terms and Conditions.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL FITNESS TARANTULA OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, PUNITIVE, 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 THE SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS AND/OR SERVICES THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF FITNESS TARANTULA 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.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FITNESS TARANTULA'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 PAID, IF ANY, BY YOU IN THE LAST TWELVE (12) MONTHS TO FITNESS TARANTULA FOR ANY PRODUCTS AND/OR SERVICES SUPPLIED BY FITNESS TARANTULA THROUGH YOUR USE OF THE SITE OR OTHERWISE.
FITNESS TARANTULA WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.
The terms of this section survive any termination of the Terms and Conditions.
THE SITE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS OR NURTITIONAL PROGRAM. 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 THE SITE. THE USE OF ANY INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK.
DO NOT START A DIET OR FITNESS ROUTINE WITH US IF YOUR HEALTH CARE PROVIDER ADVISES AGAINST IT. NEITHER OUR TRAINERS NOR OUR OTHER STAFF CAN PROVIDE YOU WITH MEDICAL ADVICE OR DIAGNOSIS. NOTHING THAT YOU MAY READ ON THIS SITE OR THAT IS OTHERWISE PROVIDED TO YOU BY OUR TRAINERS SHOULD BE CONSTRUED AS SUCH ADVICE OR DIAGNOSIS. SUCH INFORMATION IS NOT A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT.
NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY FITNESS TARANTULA 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.
THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND FITNESS TARANTULA 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 THE SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
Through use of a free trial or in becoming a Member of Fitness Tarantula with the intent of using our products and/or services, including but not limited to use of this Site, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of Fitness Tarantula.
If applicable, you further affirm that (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of Fitness Tarantula.
Ultimate Fitness Anywhere LLC reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions.
You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that our product and/or services, including but not limited to this Site, will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.
The terms of this section survive any termination of the Terms and Conditions.
The terms of this section survive any termination of the Terms and Conditions.
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 Fitness Tarantula, and you do not have any authority to create any obligation or make any representation on Fitness Tarantula's behalf. Ultimate Fitness Anywhere LLC does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
Some products and/or services on the Site are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content and information contained within our products and/or services, queries made through the Site or other information. The manner, mode and extent of advertising by Fitness Tarantula on the Site are subject to change without specific notice to you. In consideration for Fitness Tarantula granting you access to and use of the Site, you agree that we may place such advertising on the Site.
In order to access certain features and/or services on the Site, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the feature and/or service, or as part of your continued use of the feature and/or service. You agree that any registration information you provide to Fitness Tarantula will always be accurate, correct and up to date.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
The terms of this section survive any termination of the Terms and Conditions.
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 Web site 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 sub-contract 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.