DISCLAIMER
THE WEBSITE/MOBILE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE/MOBILE APPLICATION AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE/MOBILE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE/MOBILE APPLICATION’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE/MOBILE APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
- Errors, mistakes, or inaccuracies of content and materials,
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website,
- Any unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein,
- Any interruption or cessation of transmission to or from the website/mobile application,
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website/mobile application by any third party, and/or
- Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website/mobile application. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website/mobile application, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In consideration of being allowed to participate in the activities and structured diet programs offered by Let’s Get Fit and to use its structured diet programs and training schedule, in addition to the payment of any fee or charge, you or any third party do hereby waive, release and forever discharge and hold harmless Your Fitness Lane, its partners/directors, consultants, officers, agents, and employees from any responsibility, liability, cost, and expenses, including injuries or any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages, resulting from your participation in any activities, or your use of any structured diet programs designed by Your Fitness Lane. You do also hereby release Your Fitness Lane, its directors or partners, consultants, officers, agents, and employees from any responsibility or liability for any injury, damage, or disorder (physical, metabolic, or otherwise) to yourself, or in any way arising out of or connected with your participation in any activities with Your Fitness Lane. You understand and you are aware that strength, flexibility, and aerobic exercise, including the use of equipment are potentially hazardous activities. You also understand that fitness activities involve a risk of injury and even death and that you are voluntarily participating in these activities and using equipment and machinery with knowledge of the risk involved.
You hereby agree to expressly assume and accept any risks of injury or death related to said fitness activities. In addition, you certify that you are 15 years of age or older. You do hereby further declare yourself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would affect nutrient metabolism or prevent your participation or use of equipment or machinery except as hereinafter stated.
And You also agree that if you are suffering from any ailment or any medical condition you have to inform and produce relevant documents to Let’s Get Fit before signing any document or agreement. You do hereby acknowledge that Let’s Get Fit has recommended to you to obtain a physician’s approval for your participation in an exercise/fitness activity or the use of exercise equipment and machinery. You also acknowledge that Let’s Get Fit has recommended that you have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise, and use of exercise and training equipment so that you might have his/her recommendations concerning these fitness activities and use of equipment.
You acknowledge that you have either had a physical examination and been given your physician’s permission to participate, or that you have decided to participate in an activity and use of equipment, machinery, and programs designed by Let’s Get Fit without the approval of your physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery in your activities. Let’s Get Fit diet/training programs are not meant to treat or manage any health condition. Always consult with your healthcare provider before adjusting your current style of eating or beginning any new diet and/or training plan.
You understand that you are agreeing to the terms of the Company that is Let’s Get Fit having known that beforehand and understand that not following the instructions and structured diet programs entirely and regularly given by Let’s Get Fit will not produce 100% result.
IN NO EVENT WILL WE OR OUR DIRECTORS/PARTNERS EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE/MOBILE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
- Your Contributions;
- Use of the Website/Mobile Application
- Breach of these Terms and Conditions;
- Any breach of your representations and warranties outlined in these Terms and Conditions;
- Your violation of the rights of a third party, including but not limited to intellectual property rights; or
- Any overt harmful act toward any other user of the Website/Mobile Application with whom you connected via the Website/Mobile Application.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Website/Mobile Application to manage the performance of the Website/Mobile Application, as well as data relating to your use of the Website/Mobile Application. Although we encrypt and perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website/Mobile Application. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Website/Mobile Application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Website/Mobile Application, satisfy any legal requirement that such communication is in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE/MOBILE APPLICATION. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY STATUTES, REGULATIONS, RULES, ORDINANCES, OR OTHER LAWS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, OR TO PAYMENTS OR THE GRANTING OF CREDITS BY ANY MEANS OTHER THAN ELECTRONIC MEANS
MISCELLANEOUS
These Terms and Conditions and any policies or operating rules posted by us on the Website/Mobile Application or in respect to the Website/Mobile Application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Website/Mobile Application.
You agree that these Terms and Conditions will not be construed against us by having drafted them. You hereby waive any defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.