1. Acceptance of Terms
1.2 We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site after such modifications will constitute acknowledgement and acceptance of the modified Terms.
1.3 As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents available on this Site.
1.4 BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR THESE TERMS, IS TO CEASE USING THE SITE.
2.1 This Site and the content provided on this Site are not intended to provide medical advice, diagnosis, or treatment. The information contained in the Site is made available with the express understanding that neither N2Fitness, www.N2Fitness.com, nor the Site itself, nor users of the Site are dispensing medical advice, diagnosis, or treatment. The content of this website is provided for general informational purposes only; is not intended as, nor should it be considered a substitute for, professional medical advice; and should not be used for self-diagnosis or treatment of any medical or health condition. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THE SITE, YOU SHOULD CONTACT YOUR PHYSICIAN OR HEALTH CARE PROVIDER. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition that you may have before starting any exercise program or making changes to your diet.
2.2 All information provided on this website is for informational purposes only. We do invite you to bring to our attention any material on our website that you believe to be inaccurate; please forward a copy of such material and the reasons for your belief to email@example.com
2.3 You understand and acknowledge that we cannot promise or guarantee specific results from using the Site. Further, as comments may be posted by other users of the Site, we are not responsible for their content.
2.4 You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You agree that the information available through this Site is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, or mis-delivery of, or failure to store, any user communications or material uploaded by you.
3.1 Subscription Fees: One-month subscriptions are billed monthly. One-year subscriptions are billed annually. All subscriptions are renewed automatically until canceled. All fees for three month and four month programs are due prior to commencement of such program and are earned in full at the time of payment. You authorize N2Fitness to charge the credit card you have provided on a monthly basis if you have a monthly subscription, on an annual basis if you have an annual subscription, or on a one time basis if you are purchasing a three or four month program. Subscription fees are charged in USD currency. Depending upon your credit card’s currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees which are in accordance with your arrangements with that credit card provider. N2Fitness is not responsible for such fees and will not reimburse you for any such fees incurred.
3.2 Refund Policy: No refund will be given unless you experience a documented medical
issue which manifests after purchasing the program, which would prevent you from
participating in the purchased program. All payments for any programs and services
are earned by N2Fitness immediately following the payment for such programs and
4. Site Conduct, Posting Policies & Third Party Websites
4.1 User-Created Submissions Guidelines: Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments, information, advertisement, pictures, communications, ideas, or other material that you upload or submit to the Site (“Submissions”). By transmitting Submissions to the Site, you agree that you will not transmit or upload any Submissions that:
i. are unlawful, threatening, abusive, harassing, defamatory, deceptive, inaccurate, fraudulent, tortious, invasive of another’s privacy, or include graphic descriptions of sexual or violent content;
ii. victimize, harass, degrade, discriminate against, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iii. infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
iv. contain any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allow you to obtain unauthorized access to any data or other information of any third party;
v. breach the security of, compromise, or otherwise allow access to secured, protected, or inaccessible areas of this Site, or attempt to gain access to other network or server;
vi. impersonate any person or entity, including any of our employees or representatives;
vii. you know or reasonably should know cannot be distributed legally, or are for any illegal or unauthorized purpose.
4.2 No Endorsement. We neither endorse nor assume any liability for any Submissions submitted by you or other users through or on any part of the Site. We and our agents reserve the right to remove or refuse to display any and all Submissions in our sole discretion and without prior notice to you. We are not responsible for any failure or delay in removing or refusing to post any Submissions.
4.3 Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products, or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of material hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
5. N2Fitness Intellectual Property
5.1 Content. For purposes of these Terms, “content” is defined as any information, communications, published works, photos, videos, graphics, music, sounds, or other materials that can be viewed by users on our Site and is owned by us, our Affiliates or our licensors.
5.2 Ownership of Content. All content on the Site is subject to intellectual property rights, contractual, or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with our prior express written consent. Any use of the content other than as permitted by these Terms or any other unauthorized use of the content may make you liable to us or our licensors for violation of intellectual property rights.
5.3 Site Use. We grant you a limited, revocable, nonexclusive license to use the content on the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the Site for commercial use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; or to use content, products, or services in violation of any law. Any use of the Site or the content contained therein other than as specifically authorized in the Agreement, without our prior written permission is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
5.4 No Warranty for Third-Party Infringement. Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.
6. Your Intellectual Property
6.2 Copyright Notice. We respect the intellectual property rights of others and we ask you to do the same. In instances where we are notified of alleged infringing content or Submissions, a decision may be made to remove or disable access to such content or Submissions, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). If you believe that you or someone else’s copyright has been infringed by content or Submissions provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should notify us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
i. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright
Registration number(s), URL(s) etc.;
ii. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material);
iii. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
iv. A statement that the Rights Holder has a good faith belief that the use of the material identified above in Part 6.2ii is not authorized by the copyright owner, its agent, or the law;
v. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
vi. The Rights Holder’s signature or electronic signature. Notice may be sent to our Designated Agent at:
3830 Valley Centre Dr.
San Diego, CA 92130
6.3 You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our Site without liability to you or any other party.
7. Privacy & Security
7.1 Login Required. In order to the access the services of this Site, or to post Submissions, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
7.2 Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities that occur under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
8.1 ALL CONTENT ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THE CONTENT OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM N2FITNESS OR THROUGH OR LINKED FROM THE SITE SHALL
CREATE ANY WARRANTY EXPRESS OR IMPLIED.
8.2 THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THIS SITE AT ANY TIME WITHOUT NOTICE. THE CONTENT OR INFORMATION AVAILABLE AT THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR INFORMATION.
8.4 SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR
9. Limitation of Liability & Indemnification
9.1 IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFIT LOSS; YOUR PARTICIPATION IN EXERCISE ACTIVITIES BASED ON THE PRODUCTS
FEATURED ON THE SITE; YOUR USE OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE; OR YOUR RELIANCE UPON THE ACCURACY OF INFORMATION CONTAINED ON THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE. SHOULD YOU INCUR DAMAGES AS A RESULT OF THE USE OF PRODUCTS FEATURED ON THE SITE. BY USING THIS SITE, YOU WARRANT THAT YOU ARE SOLELY RESPONSIBLE FOR OBTAINING YOUR OWN OUTSIDE MEDICAL ADVICE TO ENSURE YOUR FITNESS FOR PARTICIPATION IN PHYSICAL ACTIVITIES, SUCH AS THOSE FEATURED ON THE SITE. YOU AGREE THAT N2FITNESS, LLC (AND ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, MANAGERS, DIRECTORS, MEMBERS, AND ALL OTHER
RELATED PARTIES) IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR PARTICIPATION IN THE EXERCISE ROUTINES FEATURED ON THE SITE. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS N2FITNESS, LLC (AND ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, MANAGERS, DIRECTORS, MEMBERS, AND ALL OTHER RELATED PARTIES) FROM ANY AND ALL
CLAIMS AND/OR LIABILITIES RESULTING FROM YOUR PARTICIPATION THEREIN. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
9.2 You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees, that may arise from your use or misuse of this Site or any of the content contained therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10. Termination of Use
10.1 Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
10.2 No Right to Services Upon Termination. Upon termination and regardless of the reasons motivating such termination, your right to services and/or the Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
11. Miscellaneous Provisions
11.1 International Use. Although this Site may be accessible worldwide, those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
11.2 Governing Law. This Site (excluding any Third Party websites) is controlled by us from our offices in California, and the statutes and laws of the State of California shall be controlling, without regard to the conflicts of laws principles thereof. You specifically consent to exclusive personal jurisdiction in California in connection with any dispute between you and N2Fitness arising out of these Terms. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by the state or federal courts in San Diego, California. Any party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse the prevailing party for its attorney’s fees, and the party prevailing in any such dispute shall be awarded its attorneys’ fees
11.3 Notices. All notices to N2Fitness shall be in writing and shall be sent to firstname.lastname@example.org. You agree to allow us to submit notices to you using the email address provided by you in the Registration Info. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.
11.4 No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of this Site, or use of or access to this Site or services provided through this Site, beyond the limited rights granted to you under Section 4 of these Terms.
11.5 Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of marketing tools 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.
11.6 Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect.
11.7 No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.