Last Revised on January 1, 2018
Agreement Between Client and Culture Of Fit
Welcome to the CultureOfFit.com website (the "Website"). This Website is provided to assist clients in enrolling and participating in our services. The terms "we", "us", "our", “BR” and refer to Serena New York, Inc., a New York corporation, doing business as Culture Of Fit, and its subsidiaries. The term "you" refers to the client visiting the Website and/or signing up for our services on this Website.
Use of the Website
As a condition of your use of this Website, you warrant that:
1. you are at least 18 years of age;
2. you possess the legal authority to create a binding legal obligation;
4. you will only use this Website to make legitimate registrations to participate in our services;
5. all information supplied by you on this Website is true, accurate, current and complete; and
6. if you have a CultureOfFit.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
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Culture Of Fit is committed to client satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action.
The content and information on this Website (including, but not limited to, price and dates) as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, products, or services obtained from or through this Website. Additionally, you agree not to:
1. use this Website or its contents for any commercial purpose;
2. make any speculative, false, or fraudulent registration;
3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
6. deep—link to any portion of this for any purpose without our express written permission; or
7. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
The Information, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, we do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of services displayed on this Website (including, without limitation, the pricing, dates, general product and services descriptions, etc.). In addition, we expressly reserve the right to correct any pricing or date errors on our Website and/or pending registrations made under an incorrect price or dates. In such event, if available, we will offer you the opportunity to keep your pending registration at the correct price or dates, or we will cancel your registration without penalty.
We make no guarantees about the availability of specific products and services. We may make improvements and/or changes on the Website at any time.
We make no representations about the suitability of the information, products and services contained on this Website for any purpose. All such information, products and services are provided “as is” without warranty of any kind. We disclaim all warranties and conditions that this Website, its servers or any email sent from us are free of viruses or other harmful components. We hereby disclaim all warranties and conditions with regard to this information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, any computer viruses, information, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if we have been advised of the possibility of such damages.
You agree to defend and indemnify us and any of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
2. your violation of any law or the rights of a third party; or
3. your use of this Website.
Copyright and Trademark Notices
All contents of this Website are ©2018 Culture Of Fit All rights reserved. The Culture Of Fit logo is a registered trademark of Serena New York, Inc. in the U.S.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Culture Of Fit has adopted a policy of terminating, in appropriate circumstances and at Culture Of Fit's sole discretion, account holders who are deemed to be repeat infringers. Culture Of Fit may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder is a repeat infringer, please provide information sufficient for us to verify that the account holder is a repeat infringer when filing your notice.
You agree that no joint venture, partnership, or employment relationship exists between you and us as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and us with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
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