GRIT Fitness, LLC ("Company") operates https://www.gritfitgym.com (the "Site"). This page informs the user ("Client") of our policies regarding the use of the Site and related services provided by the Company.

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Any personal data submitted to the Site or which we collect about the Client is governed by our Privacy Policy. The Client acknowledges that by using the Site and Services, they have reviewed the Privacy Policy.

The use of the Site and Services constitutes the acceptance of and agreement to all of the terms and conditions in this policy and the Privacy Policy (collectively, this “Agreement”), as well as any future amendments and additions to this Agreement as the Company publishes from time to time. The Client agrees without limitation or qualification, to be bound by this agreement and you accept all of its terms.

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PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN THE CLIENT AND COMPANY CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER. IF THE CLIENT DOES NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEY MAY NOT USE OR ACCESS THE SITE.

 

1. The Site and Services

The Site is a web-based communications and payment platform which enables the Client to purchase and schedule classes offered by the Company in addition to being able to contact the Company. The Company is not responsible for the performance of the Site or communications on behalf of the Site Provider (Wix).

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2. User Representations and Warranties

The Client represents and warrants that: (1) They are 18 years of age or older and are otherwise capable of entering into binding contracts, and (2) They have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.

 

The Client hereby warrants and represents that, other than as fully and promptly disclosed to Company as set forth below, they do not have any motivation, status, or interest which Company may reasonably wish to know about in connection with the Site and Services, including without limitation, if they are using or will or intend to use the Site and Services for any journalistic, investigative, or unlawful purpose. The Client hereby warrants and represents that you will promptly disclose to Company in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Site and Services.

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4. Billing and Payment

The Client is responsible for all payments initiated through the Site. Payment through the Site is via the Payment System, and not by Company. The Company is not obligated to pay or refund the Client for any fees associated from failed payments. 

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5. Public Areas; Acceptable Use
The Sire and Services may contain blogs, message boards, reviews, ratings, chat areas, news groups, forums, communities and/or other message or communication facilities or may be connected to Social Media accounts (“Public Areas”) that allow the Client to communicate with other Clients. These areas may only be used to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Site and Services, the Client should not share personal contact information with other Clients.

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Without limitation, while using the Site and Services, the Client may not:

• Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Clients and Company staff, or use information learned from the Site to otherwise defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights of any other Clients or Company staff;

• Publish, post, upload, distribute, or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material, or information;

• Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any Client, third party, or Company or contain malicious components;

• Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Company;

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The Client understands that all submissions made to Public Areas will be public and that the Client will be publicly identified by their name or login identification when communicating in Public Areas. The Company will not be responsible for the action of any Clients with respect to any information or materials posted in Public Areas.

 

6. Termination and Suspension

The Company may terminate or limit the Clients right to use the Site and Services in the event that the Company believes that the Client has breached any provision of this Agreement (a “User Breach”), by providing the Client with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.

 

If Company terminates or limits your right to use the Site or Services, the Client is not entitled to any refund of unused balance in their account. Further, this Agreement will remain enforceable against the Client after termination or limitation.

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The Client may terminate this Agreement at any time by ceasing all use of the Site and Services. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

 

7.  Account, Password, Security, and Mobile Phone Use

The Client may create an account to use the Site (an “Account”). The Client is the sole authorized user of the account. The Client is responsible for maintaining the confidentiality of any log-in, password, and account number to access the Site. 

 

By providing a mobile phone number and using the Site, the Client hereby affirmatively gives consent to the Company’s use of the mobile phone number for calls and recurring texts, (including with an auto dialer and/or prerecorded voice) in order to (a) perform and improve upon the Site, (b) contacting in regards to services purchased, cancelled, and/or scheduled. The Company will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. The Client may opt-out of receiving texts and calls from the Company by emailing the Company and specifying the need to opt-out.
 

8. Links to Third-Party Websites

The Site may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by the Company or association with those websites, their content or their operators. The Client acknowledges and agrees that the Company is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, the Company acknowledges and agrees that the Company has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Site at its sole discretion.

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9. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces, and other content (collectively “Proprietary Material”) that the Client sees or reads through the Site is owned by the Company, excluding User Generated Content. The Client may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without Company’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. 

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10. Disclaimer of Warranties

The use of the Site and Services is at the own risk of the Client. 

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THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SITE OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY, OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF THE SITE, (III) ANY ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND THE COMPANYS REASONABLE CONTROL.

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11. Indemnification

The Client hereby agrees to indemnify, defend, and hold harmless the Company and its attorneys, insurers, independent contractors, providers, successors, and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) use or inability to use the Site and Services, or (ii) breach or violation of this Agreement; (iii) violation of any law, or the rights of any Client or third party and (iv) any content submitted to the Site. The Client also agrees to indemnify the Indemnified Parties for any Liabilities resulting from use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action that imposes an unreasonable burden or loan on infrastructure. The Company reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to the Clients indemnification. The Client will not, in any event, settle any claim or matter without the prior written consent of the Company.

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12. Governing Law

Except as expressly provided otherwise, this Agreement and the use of the Site will be governed by, and will be construed under, the laws of the State of Pennsylvania, without regard to choice of law principles.

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13. Changes to this Agreement and the Site
The Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information through the Site at any time, effective with or without prior notice and without any liability to Company.

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14. No Rights of Third Parties
None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.

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15. Access of the Site Outside the United States
The Company makes no representations that the Site and Services are appropriate or available for use outside of the United States. Those who access or use the Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable foreign, United States, state, and local laws and regulations. 

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16. Notices and Consent to Receive Notices Electronically
The Client consents to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by e-mail or by posting Notices on the Site. The Client agrees that all Notices that the Company provides electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.

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If there are any questions about these Terms of Service or about the Site and Services, please contact us.

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THE CLIENT HEREBY ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY, AND AGREE THAT USE OF THE SITE IS AN ACKNOWLEDGMENT OF AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.