DISCLAIMERS.
By using our websites, you agree in full to our Disclaimer, which can be found here: https://agile4lifefitness.com/disclaimer (https://agile4lifefitness.com/disclaimer).
1. GENERAL DISCLAIMERS.
Our websites and Content are for informational and educational purposes only. You acknowledge and agree that our Content and our Services may not be suitable for all persons, businesses, locations, or specific situations. We make no guarantees regarding the Content presented on our websites and your success with applying it. We do not guarantee any specific results through the use of our websites and Content, and we do not make any guarantees regarding your success, whether legal, medical, financial, or otherwise, from the application of our websites and Content. Your decision to visit our websites, use any of our Content, or purchase Services from us is voluntary and you acknowledge and agree that we are not liable for any harm or damage to you, your health, your well-being, your business, or otherwise which may result from the use, whether direct or indirect, of our websites, Content or our Services. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with our websites and Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however, and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.Should you choose to use our websites and Content or our Services, whether free or for purchase, you acknowledge and agree that under no circumstances will Agile 4 Life Fitness, LLC be liable to you or any party for any type of damages stemming from or perceived to stem from, any use or reliance on our websites, Content or our Services, including any injuries sustained as a direct or indirect result of use or reliance on such information. You agree to hold us harmless and release us from any and all claims arising from any use or reliance on information on our websites, Content, or our Services, whether now known or discovered in the future. You expressly agree not to make any claims against Joy Fletcher or Agile 4 Life Fitness, LLC.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other website participant, visitor, or user, including you.
2) MEDICAL DISCLAIMERS.
The material on the Site is provided for educational purposes only and is not to be used for medical advice, diagnosis, or treatment. Use of the Site is subject to our Terms. You acknowledge that participation in fitness activities via the Site involves strength, flexibility, aerobic, cardio, and other exercises, including the use of equipment, all of which can be potentially hazardous activities. You accept full responsibility over the location where you engage in fitness activities via the Site, you acknowledge that Company has no control over the location that you choose, and that the location of participation in fitness activities involves additional risks, including, but not limited to, those caused by terrain, facilities, temperature, weather, environment, vehicular traffic, lack of hydration, and actions of other people.
The site offers health, fitness, and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional. Do not disregard, avoid, or delay obtaining medical or health-related advice from your healthcare professional because of something you may have read or viewed on the site. The use of any information provided on the site is solely at your own risk.
Nothing stated or posted on the site or available through any of our services is intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of these terms, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing healthcare treatment, instructions, diagnosis, prognosis, or advice. The company makes no representations or warranties that the site will meet your personal or professional needs, or that we will continue to support any particular feature of the site.
The site is continually under development, and the company makes no warranty of any kind, implied or express, as to its accuracy. completeness, or appropriateness for any purpose. In that regard, developments in medical research may impact the health, fitness, and nutritional advice that appears here. No assurance can be given that the advice contained in the site will always include the most recent findings or developments with respect to the particular material.
By using the Site you: (a) acknowledge and agree that you are voluntarily participating in fitness activities provided via the Site; (b) hereby assume and accept any and all risks of injury, physical harm, or death; (c) acknowledge and represent that you are physically sound and do not suffer from any illness, impairment, disease, or other condition that would prevent you from participating in fitness activities, performing any exercises, or using any equipment; and (d) knowingly and voluntarily, on behalf of yourself and your heirs and assigns, forever waive, release, discharge, and hold harmless Company and its subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, representatives, and each of their respective successors and assigns, individually and collectively, from any and all liability, damages, losses, suits, demands, causes of action (including, without limitation, negligence), or other claims of any nature whatsoever, including, without limitation, any losses for property damage, personal injury, or death, arising out of or relating in any way to your participation in the fitness activities provided via the Site.
3) RESULT DISCLAIMERS.
Nothing on our websites constitutes, or is intended to constitute, medical or healthcare advice. We do not diagnose, treat, heal, cure, or prevent any illness or medical condition, and nothing on our websites, in our Content, or in our Services is intended to diagnose, treat, heal, cure, or prevent any illness or medical condition. You are encouraged to consult with a licensed medical or healthcare professional regarding your specific situation before using any information on our websites, in our Content, or in our Services. Do not disregard any medical advice, stop taking medications, stop any treatments, or delay seeking professional medical or healthcare advice based on information on our websites, in our Content, or in our Services.
4) MENTAL HEALTH DISCLAIMER.
Nothing on our websites constitutes, or is intended to constitute mental health advice. We do not diagnose, treat, heal, cure or prevent any mental or emotional condition, and nothing on our websites, in our Content, or in our Services is intended to diagnose, treat, heal, cure or prevent any mental or emotional condition. You are encouraged to consult with a licensed mental health professional regarding your specific situation before using any information on our website, in our Content, or in our Services. Do not disregard any mental health advice, stop taking medications, stop any treatments, or delay seeking professional mental health advice based on any information on our websites, in our Content, or in our Services.
5) TECHNOLOGY DISCLAIMER.
We strive to ensure that the availability and delivery of our websites and Content are uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, to allow for repairs, maintenance, updates, or other functions. By using our websites, you acknowledge and agree that we make no guarantees or warranties regarding our websites and their condition, including their functionality, the existence of viruses, uninterrupted use, and availability. To the fullest extent permitted by law, you acknowledge and agree that we are not liable to you for damages, refunds, or any other remedy, should our websites or Content become unavailable, slow, or incomplete for any reason. You agree that in the event of an interruption of access to our websites, we do not owe you any refunds or reimbursement. You acknowledge and agree that we may, at any time, in our sole discretion, discontinue our websites, Content, and our Services, without any notice, and such items may no longer be available. You acknowledge and agree that we are in no way obligated to continue operating our websites and that we are not liable to you in any way for a decision to cease its operation.
6) ERRORS AND OMISSIONS DISCLAIMER.
We strive to include the most up-to-date and accurate information on our websites, Content, and in our Services. You acknowledge and agree that information contained on our websites, Content, and in our Services may inadvertently include inaccuracies, errors, or omissions and we expressly exclude any and all liabilities for these inaccuracies, errors, or omissions.
7) WARRANTIES DISCLAIMER.
WE MAKE NO WARRANTIES REGARDING OUR WEBSITES OR CONTENT. YOU ACKNOWLEDGE AND AGREE THAT OUR WEBSITES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITES OR CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITES OR CONTENT IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
8) PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK.
You agree that you are using your own judgment in using our websites, Content, and our Services, and you acknowledge and agree that you are doing so at your own risk.
9) LIMITATION OF LIABILITY.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL OUR COMPANY, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF ANY OF THEM BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF, WHETHER DIRECTLY OR INDIRECTLY, YOUR USE OF OUR WEBSITES, CONTENT, OUR SERVICES OR YOUR UPLOADED MATERIAL, AND WE EXPRESSLY EXCLUDE SUCH LIABILITY TO THE FULLEST EXTENT OF THE LAW. YOU AGREE THAT WE ARE NOT TO BE HELD LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, RESULTING FROM THE USE OF OUR WEBSITES, CONTENT, OR OUR SERVICES, INCLUDING ANY INJURIES SUSTAINED OR MEDICAL AILMENTS THAT RESULT.
ADDITIONALLY, AGILE 4 LIFE FITNESS, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE IN THE WEBSITES’ TECHNICAL OPERATION; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, LOSS OF TIME OR LOSS OF DATA AND ANY OTHER LOSS OR DAMAGE OF ANY KIND; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF AGILE 4 LIFE FITNESS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.
IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL AGILE 4 LIFE FITNESS, LLC’S CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM US, AND IF NO PURCHASE HAS BEEN MADE BY YOU, IN NO EVENT SHALL AGILE 4 LIFE FITNESS, LLC’S CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
10) INDEMNIFICATION.
You agree at all times to indemnify, defend and hold harmless Agile 4 Life Fitness, LLC’s as well as our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, licensees, or any other party associated with us, from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees and expenses, arising out of or related to our websites, Content and our Services, or any breach by you of any obligation, warranty, representation or covenant in these Terms and Conditions or in any other agreement with us. You acknowledge and agree that you will provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You agree to cooperate fully and reasonably as required by us, in the defense of any claim. Notwithstanding the foregoing, we retain the right to settle, compromise, and pay any and all claims, demands, proceedings, suits, actions, or causes of action which are brought against us. You agree not to settle any third-party claim or waive any defense without our prior written consent.
11) TERMINATION.
You acknowledge and agree that we have the right, at any time, in our sole discretion to refuse or terminate your access to our websites, for any reason, without notice or requirement for explanation for such refusal. If your access is terminated, our decision is not open to appeal or any legal action.
12) GOVERNANCE.
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of Oregon as applied to contracts that are executed and performed entirely in Oregon. The exclusive venue for any legal proceeding based on or arising out of this Agreement shall be Yamhill County, Oregon.
13) DISPUTE RESOLUTION, LITIGATION EXPENSES.
Should any dispute arise, it would be preferable to work it out amicably between us, but if that is not possible, then you agree that the dispute will be resolved by binding arbitration, by a single arbitrator, via video hearing, using FairClaims.com. The parties agree to waive their right to a jury trial. Each side shall bear its own costs and attorneys’ fees.
You agree to participate in the arbitration process in good faith, and further agree that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgment of law. You agree that any Arbitration must be commenced within one year of the date of the grievance, or forfeited forever.
You acknowledge and agree that the only remedy that can be awarded to you through Arbitration is a refund of your payment made to us. NO AWARD OF ANY CONSEQUENTIAL OR ADDITIONAL DAMAGES MAY BE AWARDED TO YOU.
If any legal proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action or proceeding, in addition to any other relief to which they are entitled.
14) ENTIRE AGREEMENT, WAIVER.
These Terms and Conditions, along with the Privacy Policy and Disclaimer posted on our websites constitute the entire agreement between you and Agile 4 Life Fitness, LLC regarding our websites and Services, and supersedes all prior and contemporaneous agreements, representations, and understandings between us, with the exception of any separate agreements, including Terms of Purchase entered into by you via your decision to purchase Services from us. You acknowledge and agree that no waiver of any of the provisions of these Terms and Conditions by us shall be deemed, or shall constitute, a waiver of any other provision of these Terms and Conditions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver of any of the terms of these Terms and Conditions shall be binding unless expressly executed in writing by us and signed by an authorized officer of our company.
14) NOTICES.
All notices, requests, demands, and other communications regarding these Terms and Conditions shall be in writing, sent via the US mail, addressed as follows:
Agile 4 Life Fitness, LLC
1698 SW Goucher Street
McMinnville, Oregon 97128 USA
15) SEVERABILITY.
If any term, provision, covenant, or condition of these Terms and Conditions is construed to be invalid, void, or unenforceable under applicable law, the other provisions of these Terms and Conditions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.
16) ASSIGNMENT.
These Terms and Conditions are not assignable, delegable, sub-licensable, or otherwise transferable by you. You acknowledge and agree that any transfer, assignment, delegation, or sublicense by you is invalid.
17) CHANGES TO THESE TERMS AND CONDITIONS.
We reserve the right, at our sole discretion, to change, modify, or otherwise alter these Terms and Conditions at any time, and you acknowledge and agree that the burden is solely yours to routinely check these Terms and Conditions for updates. Such changes will be in effect immediately after being posted on this page. You acknowledge and agree that your continued use of our websites after we post any modifications to these Terms and Conditions will establish your acknowledgment of the modifications and your consent to them, whether or not you have read them. We will notify you of any changes by posting them on this page. Please review these Terms and Conditions periodically to keep informed of their terms.
If you have any questions regarding these Terms and Conditions, please contact us at info@agile4lifefitness.com.