TERMS OF USE






This website or mobile application is owned and operated by FitBody Studio, LLC. These Terms of Use (“Terms of Use”) set forth the terms and conditions under which you are authorized to use our sites (which includes any website on which these Terms of Use are posted, and other sites accessible via subdomains, and mobile versions of any of these sites)(collectively “Sites”) and mobile applications (the “App”), (the App and the Sites are collectively referred to as the “Digital Services”).

To the extent additional rules or guidelines affect your use of these Digital Services, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use. By using any of our Digital Services, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately cease all usage of our Digital Services.


Description of Service

Our Digital Services provide information about FitBody Studio, LLC allow users to request further information, make reservations, learn about services, make retail purchases, and more (collectively the “Services”). To the extent new services, content or features are added to our Digital Services in the future, your use thereof is subject to these Terms of Use.


Reservations and Services

In the event you make a reservation with us, you agree that you will make all bookings and other reservations in good faith and not based on speculation or fraud. All reservations are for you, your invited guests, or members of your party. You may not resell, advertise, assign, or otherwise market your reservation to third parties.

While we make our best effort to provide you with up to date information regarding available reservations, availability is subject to change at any time, and we make no representations or warranties regarding availability of services. In the event of a technical or clerical error in the published rate, availability of any service, or regarding any feature, program or event, we reserve the right to cancel your reservations and provide a refund for your purchase, including after your purchase is confirmed. Additional terms regarding tickets to attractions may be posted on the applicable attraction’s Site.

In the event you or anyone in your party may use our App to request services such as room service or luxury car service, your account may be charged at the time the request is submitted . You are liable for all charges incurred at the time the charges are made.. If you suspect any unauthorized charges, please contact the service desk immediately.


Registration on our Digital Services

Certain features of our Digital Services may require you to register by providing your personal information, such as your name, e-mail address, and/or other information. For example, you may be required to register with us before making a purchase. You may also wish to register on our Digital Services to receive one or more promotions or other information from our affiliates. You may start or stop your receipt of this information at any time via the links in every email.

If you wish to register on any of our Digital Services, you agree to provide accurate information about yourself as required by the applicable registration form, and you further agree that you will update such data to keep it accurate, current and complete. We reserve the right to suspend or terminate your use of our Digital Services if we discover, or if we have a reasonable basis to believe, that any of the data you have provided is inaccurate, incomplete or untrue, or if you violate these Terms of Use. If you register on any of our Digital Services, you may not share your log-in details (e.g., username and password) with any other person or authorize any other person to log-in with your account. You are responsible for maintaining the confidentiality of your log-in details and you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any known or suspected unauthorized use of your account or any other suspected breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your log-in data.


Additional Policies and Agreements

Our Privacy Policy describes the information we collect when you and others use our Digital Services, as well as how we use the information, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

Our Digital Services may provide access to our online boutique, reservations areas, or areas where you may purchase our products or services. Certain areas of the Digital Services and some payment processing functions, may be operated on our behalf by third parties, and may be subject to the Terms of Use and/or Privacy Policies of those parties.

We are not responsible for any aspect of these third-party service providers or websites, including any purchases made on those sites. Please review any terms and conditions that may apply if and when you visit our online stores or other areas operated by third parties.


Modifications and Interruption to the Digital Services

We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Digital Services, or that operation of our Digital Services will be uninterrupted or error free. You understand that usage of our Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.


Third-Party Sites, Content and Services

Our Digital Services may include content or services provided by, or links to other sites on the Internet that are owned and operated by, third parties. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site, or any services provided by third parties. You acknowledge that any reliance on representations and warranties provided by any party other than FitBody Studio, LLC will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party. Your use of those third-party sites and services is subject to the terms of use and privacy policies posted on each site or service, and we encourage you to review those terms of use and privacy policies.


Your Representations

As a condition of your right to use the Digital Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Digital Services and accessing the Services under the laws of the United States or other country.


Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FITBODY STUDIO, LLC, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “FITBODY STUDIO PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR DIGITAL SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR DIGITAL SERVICES IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE DIGITAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FITBODY STUDIO PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR DIGITAL SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE FITBODY STUDIO PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR DIGITAL SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY FITBODY STUDIO PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF FITBODY STUDIO PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.


Indemnification

You agree to indemnify and hold the FitBody Studio Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your posting of any content on a Digital Service, or other use of a Digital Services in a manner not permitted by these Terms of Use, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of our Digital Services using your computer, mobile device or account.


User Feedback

All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of FitBody Studio, LLC. By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.


User-Submitted Content and User Conduct

Any content, whether uploaded, posted, submitted, or otherwise made available to us or on our Digital Services, including without limitation comments to posts, user content from social media, or any other content which does not originate with a FitBody Studio Party (“User Content”), is the sole responsibility of the person who made such User Content available. Under no circumstances will any FitBody Studio Party be liable in any way for any User Content made available through any of our Digital Services. We may not moderate all comments to our blogs or User Content on certain other areas of our Digital Services, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any publically available User Content.

You agree that you will not use any of our Digital Services to transmit or make available any content that:
    

  • violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person’s rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise tortious or objectionable;
  • infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
  • contains any private information about an identifiable person without that person’s permission, or any content soliciting any personal or private information from any individual;
  • you know or have reason to know is false, misleading, or fraudulent;
  • you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • employs any techniques to disguise the origin of the content submitted;
  • contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “Ponzi schemes” or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
  • incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
  • contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.

You further agree not to use our Digital Services to:
  • engage in any conduct which might be harmful to any individual;
  • impersonate or misrepresent your affiliation with any person or entity;
  • engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute “stalking” or otherwise harassing conduct aimed at another person or entity;
  • engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

In addition, you are prohibited from interfering with, creating an excessive burden on, or otherwise disrupting our Digital Services, servers or networks connected thereto. We reserve the right (but have no obligation) in our sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on our Digital Services or prohibit your access to our Digital Services in the event of a violation of these Terms of Use.


Ownership of User Content

If any User Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and/or posted by individual visitors to our Digital Services. However, by uploading, posting, transmitting or otherwise making any User Content available on or through our Digital Services or social media, you are granting us, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution or compensation to you.


Copyright and Trademark Information

All content, copyrights and other intellectual property rights in the content available on our Digital Services, including without limitation Digital Services design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by FitBody Studio, LLC, with all rights reserved, or in some cases may be licensed to FitBody Studio by third parties. This content is protected by the intellectual property rights of FitBody Studio, LLC or those owners. All content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Digital Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with FitBody Studio, LLC.


Notification of Claimed Copyright Infringement

In the event that you find Content posted on one of our Sites which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact our Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:


  1. your name, address, telephone number, and e-mail address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
  2. a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
  3. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
  4. if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
  5. a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;
  6. your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
  7. a statement under penalty of perjury that all of the information you have provided is true.


Please send your notice of alleged infringement to us:

FitBody Studio, LLC
2402 North Nevada Avenue
Colorado Springs, CO 80907
wellness@fitbodystudio.com
(719) 447-9281


In accordance with the Digital Millennium Copyright Act (“DMCA”), it is the policy of FitBody Studio, LLC to terminate use of our Sites by repeat infringers in appropriate circumstances.


Content Complaints

If you believe that any content on our Digital Services violates these Terms of Use or is otherwise inappropriate, please report the content by completing the Contact Us form on the applicable Digital Service, or send an email to wellness@fitbodystudio.com.


Mobile Devices

Separate versions of our Services or our Digital Services may be available for use on mobile devices, and may be available in mobile apps. If you access our Digital Services or Services on mobile devices or in mobile apps, you understand that your mobile carrier’s standard charges will apply. Mobile apps may be subject to their own Terms of Use depending on the platform on which they are available.


User Disputes

You are solely responsible for any User Content you may post to our Digital Services and any disputes you may encounter with other users of our Digital Services as a result of such contributions or otherwise. We have no obligation to become involved in, or to resolve, any disputes between users of our Digital Services. However, we reserve the right to take any actions we deem appropriate with regard to such disputes.


Arbitration

Any dispute arising out of or relating in any way to your use of our Digital Services or any products, services, or information you receive through our Digital Services, shall be submitted to confidential, binding arbitration in Colorado Springs, Colorado, USA, pursuant to the American Arbitration Association’s Commercial Arbitration Rules. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Colorado Springs, Colorado, USA, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto.


Governing Laws

The laws of the state of Colorado and the United States govern these Terms of Use and any claims arising out of or relating to use of the Digital Services, without giving effect to any choice of law rules. We make no representation that our Digital Services are appropriate, legal or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Colorado Springs, Colorado will serve as the venue for any actions brought, or claims made, arising out of your use of our Digital Services.


Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Digital Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements.


Changes to These Terms

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our Digital Services, without further notice to you. Your continued use of any of our Digital Services after such modifications are posted constitutes an acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.


Other Terms

If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of FitBody Studio, LLC. You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to our Digital Services. You agree and understand that these Terms of Use together with any other applicable click-through agreements you may have entered into regarding posting User Content to a Digital Services, constitutes the entire agreement between you and FitBody Studio, LLC regarding your use of the Digital Services, and that any other prior agreements between you and FitBody Studio, LLC are superseded by these Terms of Use. Any failure by FitBody Studio, LLC to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a Digital Services or relating to these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.


Terms for iOS Users

Your download of this App for use on an iOS device constitutes your acknowledgement and acceptance that:
  1. This agreement is between You and FitBody Studio, LLC, and not Apple Inc. FitBody Studio, LLC is solely responsible for the licensed application and the content thereof.
  2. The license for this software is non-transferable and may only be used on a Genuine Apple iPad, iPhone or iPod Touch owned and operated by you pursuant to the Apple App Store Terms of Service.
  3. FitBody Studio, LLC is solely responsible for all maintenance and support services for the App. Apple Inc. is in no way responsible for these services.
  4. In the event of any failure of this App to conform to any applicable express or implied warranty, a user may notify Apple, and Apple will refund any purchase price paid to that end user. Unless required by law, Apple has no other warranty obligation with respect to the licensed application.
  5. FitBody Studio, LLC, not Apple Inc., is responsible for addressing any claims relating to the App and a user’s possession or use of the App, including, but not limited to, (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  6. In the event of a third party’s claim of intellectual property right infringement relating to the App or a user’s possession or use of the App, FitBody Studio, LLC, not Apple Inc., is solely responsible for the investigation, defense, settlement and discharge of that intellectual property infringement claim.
  7. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or has been designated by the U.S. as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Apple and its subsidiaries are third party beneficiaries of this agreement, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against You as a third party beneficiary thereof.

Contact Us

If you have any questions about these Terms of Use, please feel free to contact us as follows:

FitBody Studio, LLC
2402 North Nevada Avenue
Colorado Springs, CO 80907

wellness@fitbodystudio.com

(719) 447-9281

www.fitbodystudio.com/contact-us

Effective Date of these Terms of Use: February 1, 2018