Terms and Conditions

Last updated: May 8th, 2016

 

Summary

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.csattfitness.com website (the “Service”) operated by CSatt Fitness, LLC (“CSatt Fitness”, “us”, “we”, or “our”). The following terms and conditions, our Privacy Policy, Contest Rules, and other documents expressly incorporated by reference (collectively, these “Terms”) govern your access to and use of https://csattfitness.com (“Service”), including any content, functionality, and services offered on or through the Service, whether as a guest, visitor, or a registered user.

 

Please read these Terms carefully before accessing or using the Service. By accessing and/or using any part of the Service, you accept and agree to be bound to and abide by these Terms and our Privacy Policy, found at (https://www.csattfitness.com/privacy-policy). Failure to agree to these Terms revokes your access to the website or use of any of our services.

 

We reserve the right to update and revise any part of these Terms. All changes are effective immediately when we post them and apply to all access and use of the Service. If such changes are material, we will notify you by posting notice of the changes on the Service, and/or, in our sole discretion, by email. It is your responsibility to check this page periodically for changes as they are binding on you. Your continued use of or access to the Service following the posting of any revised Terms constitutes acceptance and agreement to the changes.

 

Privacy

Please review our Privacy Policy found at (https://www.csattfitness.com/privacy-policy) for information on our privacy practices and use of your personal information.

 

Description of Services:
  • We provide visitors and registered users the opportunity to participate in a fitness transformation through online fitness tips, fitness training videos, nutrition education, and fitness contests;
  • We provide Visitors and Registered Users with access to the Service as described in this Agreement;
  • Visitors, as the term implies, are people who want to look around and see what our services are all about;
  • Visitors can (a) view all publicly-accessible content, and (b) e-mail us.

 

Registered users require personal login information. Registered Users can do all the things that Visitors can do, and may: (a) execute transactions for goods and services, such as fitness / instructional programs (each, a “Purchase”); (b) participate in our promotional contests/offers; (c) sign up for alerts and other notifications; and (d) post comments, reviews, and other content (“User Contribution”).

 

We are under no obligation to accept any individual as a Registered User, and may accept or reject any Registered User in our sole and complete discretion.

 

Access to the Service, Security, and Purchases

We reserve the right to withdraw or amend this Service or material we provide on the Service, in our sole discretion without notice. Further, we are not liable if, for any reason, all or any part of the Service is unavailable at any time or period.

 

In accessing the Service, you represent and warrant that you are at least eighteen (18) years old and you agree to provide personal information for registration. It is a condition of your use of the Service that all the information you provide is correct, current, and complete. You agree that all information you provide to register with this Service is governed by our Privacy Policy and you consent to all actions taken with respect to your information. If you choose or are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and notify us immediately if there has been an unauthorized use of your password or account. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated.

 

If you wish to purchase any product or service made available through the Service, you may be asked to supply certain sensitive information relevant to your purchase, including without limitation: your name and address, billing address, credit card number, the expiration date of your credit card, and your shipping information.

 

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons

 

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

Accuracy of Information

We try to be as accurate as possible when describing our products and services on the Service, but do not warrant that the product/service descriptions, colors, pricing and availability, or other content available on the Service are accurate, complete, reliable, current, or error-free. The material on this site is provided for general information only, and any reliance on said material is at your own risk. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.

 

Contests, Sweepstakes, and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms and Conditions. If you choose to participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. Contest Rules can be found and reviewed at (https://www.csattfitness.com/contest-rules).

 

Prohibited Uses

You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Service:

  • Send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards;
  • Transmit, procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam,” or any other solicitation;
  • Impersonate or attempt to impersonate the Service, its employees, or another user or entity;
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm CSatt Fitness or users of the Service or expose them to liability;
  • Use any robot, spider, or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any Service material;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, server, or any server, computer, database connected to the Service.

 

User Contributions

The Service may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, contest entries, testimonials, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Service. Any User Contribution to the Service is considered non-confidential and nonproprietary and by providing User Contribution, you grant us and our affiliates, service providers, and respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

 

You understand and acknowledge that you are responsible for any User Contributions you submit, not CSatt Fitness, and have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party, for the content or accuracy of any User Contributions.

 

We Reserve the Right to:
  • Remove any User Contribution for any or no reason;
  • Take any action with respect to any User Contribution that we deem necessary in our sole discretion, including if we believe that the User Contribution violates the Terms, Content Standards, infringes on any intellectual property right of any person/entity, or threatens the personal safety of users of the Service or the public;
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights;
  • Take appropriate legal action for any illegal or unauthorized use of the Service;
  • Terminate or suspend your access for violation of the Terms.

 

Content Standards

These Content Standards apply to any and all User Contributions and use of Interactive Services. User contributions must not:

  • Contain material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights;
  • Violate the legal rights (including rights of publicity and privacy) of others or contain any material that could give rise to civil or criminal liability under applicable laws and regulations or that otherwise may be in conflict with the Terms and our Privacy Policy;
  • Be likely to deceive any person;
  • Promote illegal activity, advocate, promote or assist an unlawful act;
  • Cause annoyance, inconvenience, or needless anxiety to another person;
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales.

 

Intellectual Property

The Service, its logos, service marks and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement of), are owned by CSatt Fitness, its licensors, or other providers of such material and are protected by the United States and International copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

You may not reproduce, distribute, modify, create derivative works of, public display, publicly perform, republish, download, store or transmit any of the material on the Service. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms, your right to use the Service will cease immediately. No right, title, or interest in or to the Service or any content is transferred to you, and all rights not expressly granted are reserved by CSatt Fitness.

 

Copyright Infringement

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

 

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to our Copyright Agent at helpme@csattfitness.com, with the subject line: “Copyright Infringement,” and include in your claim a detailed description of the alleged infringements as detailed below, located under “DMCA Notice and Procedure for Copyright Infringement Claims.“

 

You will be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

 

DMCA Notice and Procedure for Copyright Infringement Claims

 

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • Involve commercial activities or sales;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Third Party Websites and Links

Our Service may contain links to third party web sites or services that are not owned or controlled by CSatt Fitness.

 

CSatt Fitness has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

 

You acknowledge and agree that CSatt Fitness shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which these Terms refer from us electronically, including without limitation by e-mail or by posting notices on this Service. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

 

If you wish to terminate your account, you may simply discontinue using the Service.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Disclaimer of Warranties

Your use of the service is at your sole risk. All information is of a general nature and is furnished for educational purposes only. You agree and acknowledge that CSatt Fitness is not a medical organization, hospital, or staffed by medically trained personnel. The information provided through this site isn’t intended as a substitute for medical counseling or the professional advice of your personal physician. Before you begin any fitness or nutrition program, consult your physician to determine if the fitness or nutrition program is right for your needs.

 

Do not start a fitness or nutrition program if your physician advises against it. Please note that the site’s trainer, affiliates, or employees cannot provide you with medical advice and nothing that you may read on this site or that is otherwise provided to you by the site’s trainer, affiliates, or employees should be construed as such. Although CSatt Fitness and the site’s trainer, affiliates, and employees makes an effort to provide quality information to you, CSatt Fitness disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any information provided through this site. For example, health, diet & fitness advice is often subject to updating and refining due to medical research and developments. No assurance can be given that the information provided through this site will reflect the most recent findings or developments with respect to the particular material. The site is intended for use only by healthy adult individuals.

 

The site is not intended for use by minors or individuals with any type of health condition. Such individuals are specifically advised to seek professional medical advice prior to initiating any fitness or nutrition effort or program.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the service or any services or items obtained through the service or to your downloading of any material posted on it, or on any website linked to it.

 

Your use of the service, its content, and any services or items obtained through the service is at your own risk. The service, its content, and any services or items obtained through the service are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither CSatt Fitness nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the service.

 

Without limiting the foregoing, neither CSatt Fitness nor anyone associated with us represents or warrants that the service, its content, or any services or items obtained through the service will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the service or any services or items obtained through the service will otherwise meet your needs or expectations.

 

CSatt Fitness hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

 

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

 
Express Assumption of Risk

I, the Participant, am aware that there are significant risks involved in all aspects of physical training. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or direction from the Service, under the direction of CSatt Fitness.

 

Release

In consideration of being allowed to participate in and use the Service of CSatt Fitness, I understand the above-mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities offered by CSatt Fitness. I, the Participant, hereby waive and release CSatt Fitness, their principals, agents, employees, successors, assigns, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties to the fullest extent permitted by law. This agreement shall be binding upon my successors, representatives, heirs, executors, assigns, transferees, or me. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.

 

Photography/Video Release

Participants involved in any activities and/or contests offered by CSatt Fitness may share photographs or video during training, including before and after photographs. The Participant hereby consents to the use of these photographs and/or videos without compensation, on the Service or in any editorial, promotional, or advertising material produced and/or published by CSatt Fitness.

 

Limitation of Liability

In no event shall CSatt Fitness, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Indemnification

You agree to defend, indemnify, and hold harmless CSatt Fitness and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

 

Dispute Resolution

In the event of any dispute, controversy, or claim related to or arising from the terms of this Agreement, the parties hereto hereby agree that any such dispute, controversy, or claim shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such dispute resolution shall be in accordance with the applicable substantive laws of the state of Illinois. The prevailing party shall be entitled to all fees and costs arising therefrom, including, but not limited to, attorney’s fees and costs.

 

Governing Law

These Terms shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in Cook County in any legal suit, action, or proceeding arising out of, or based upon this Agreement, or the Services provided hereunder.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.