Terms and Conditions
FÜTNESS WORLDWIDE LLC owns and operate “www.futness.com”. This document governs your relationship with “www.futness.com”. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using this website, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
BY USING OR OTHERWISE ACCESSING THE WEB SITE, CREATING, REGISTERING OR ACCESSING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE WEB SITE, PURCHASING ANY PRODUCTS OR SERVICES VIA THE WEB SITE OR MANIFESTING YOUR ASSENT TO THESE TERMS OF SERVICE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF SERVICE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE OR OTHERWISE ACCESS THE WEB SITE, CREATE, REGISTER OR ACCESS AN ACCOUNT, POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE WEB SITE OR PURCHASE ANY PRODUCTS OR SERVICES VIA THE WEB SITE. YOU AGREE THAT YOUR ELECTRONIC SIGNATURE IN THESE METHODS IS THE LEGAL EQUIVALENT OF YOUR MANUAL SIGNATURE ON THIS AGREEMENT. YOU FURTHER AGREE THAT YOUR USE OF A KEY PAD, MOUSE OR OTHER DEVICE TO SELECT AN ITEM, BUTTON, ICON OR SIMILAR ACT OR ACTION, OR ANY OTHER ACT OR ACTION IN SUBMITTING MATERIALS TO FÜTNESS WORLDWIDE LLC OR ACCESSING FÜTNESS WORLDWIDE LLC CONTENT CONSTITUTES YOUR ELECTRONIC SIGNATURE, ACCEPTANCE AND AGREEMENT. YOU ALSO AGREE THAT NO CERTIFICATION AUTHORITY OR OTHER THIRD PARTY VERIFICATION IS NECESSARY TO VALIDATE YOUR ELECTRONIC SIGNATURE, AND THE LACK OF SUCH CERTIFICATION OR THIRD PARTY VERIFICATION WILL NOT IN ANY WAY AFFECT THE ENFORCEABILITY OF YOUR ELECTRONIC SIGNATURE OR ANY RESULTING AGREEMENT BETWEEN YOU AND FÜTNESS WORLDWIDE LLC
This Website may contain links to other websites (the "Linked Sites"), which are not operated by “www.futness.com”. “www.futness.com” has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and FÜTNESS WORLDWIDE LLC will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
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 this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of FÜTNESS WORLDWIDE LLC or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by FÜTNESS WORLDWIDE LLC and its licensors. You may print and display the content supplied solely for your own personal use. You are not permitted to publish, store, download, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Copyright and Copyright Notices
FÜTNESS WORLDWIDE LLC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FÜTNESS WORLDWIDE LLC's Copyright Agent the following information: an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web Site sufficient to allow us to locate the allegedly infringing material; 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; and 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.
Please contact FÜTNESS WORLDWIDE LLC's Copyright Agent for Notice of Claims of copyright infringement at:
FÜTNESS WORLDWIDE LLC
6355 NW 36th St Unit 401
Virginia Gardens, FL, 33166
Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the Digital Millennium Copyright Act notice-Counter-Notice. If you believe that the User Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the User Content, you may send a counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New Castle County, Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, FÜTNESS WORLDWIDE LLC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the person providing such User Content, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at FÜTNESS WORLDWIDE LLC's sole discretion.
Your Account
You will need an account to purchase products and schedule sessions on www.futness.com, and you may be required to be logged in to the account and have a valid payment method associated with it to make such purchases. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. FÜTNESS WORLDWIDE LLC does sell products and services to children, but it sells them through adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you can buy our products or services only with involvement of a parent or guardian. FÜTNESS WORLDWIDE LLC reserves the right to refuse service, terminate accounts, terminate your rights to use www.futness.com, remove or edit content, or cancel orders in its sole discretion. We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR ACCOUNT, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE, ACTIVITIES, OR CHARGES. WE AND OUR AFFILIATES ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR ACCOUNT. You must contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. You will be deemed to have taken any action that occurs under your account. You agree to keep your password secret and not share it with anyone except as expressly allowed under this Agreement. YOUR ACCOUNT IS FOR YOUR USE ONLY. YOU SHALL NOT SHARE YOUR ACCOUNT WITH ANY OTHER INDIVIDUAL OR ENTITY OR SELL, TRANSFER OR SUBLICENSE YOUR ACCOUNT.
Fees and Payment for classes.
We calculate and bill fees for the classes, depending upon your class or program selection. The cost of the Services depends upon the type of classes and level of access you have purchased. You will pay us the applicable fees and charges for use of the Services as described on our website using one of the payment methods we support. Fees for the Services shall be paid in advance depending upon your class or program selection. Fees are based on Services purchased and not actual usage. Payment obligations are noncancelable, and fees paid for the Services are non-refundable. Fee rates for any Services will be effective when we post updated fees on our website. We may increase fees for any existing Services at anytime and will be posted in our class-scheduling page, the price will depend upon your class or program selection, and if you are on a monthly subscription plan, at your next renewal term. (For example, if you have a monthly subscription, we may increase fees at your next monthly subscription term. If you have an annual subscription, we may increase fees at your next annual subscription term.)
If you sign up for our monthly subscription plan, your credit card (or other accepted payment method) will be charged on activation and at each anniversary of your membership term. This auto-renewal will continue until you cancel it as set forth herewith. You will receive an email to the address you registered with, indicating the charge went through and your membership has been activated or renewed, applicable.
Overdue Charges
If any Services fees are not received by us by the due date or if any payments you have made to us are reversed or charged back, we may suspend all Services until you have made alternative payment arrangements satisfactory to us. Any reversed or charged back payments, until paid in full, shall bear interest at a rate of 1.5% per month (or the highest rate permitted by law, if less) from the reversal/chargeback date until paid. You must promptly notify us (as set forth below) if any information related to your payment method changes or is no longer valid. Absent such notification, we will assume that all of the information related to your payment method remains valid and will submit to the appropriate financials institution or card processor all information that it requires for approval, both when you initially subscribe and, if applicable, upon the commencement of any renewal of that subscription. You agree to pay all costs (including attorneys' fees) incurred by us in collecting any unpaid amounts from you.
Suspension
We may suspend your right to access or use any portion or all of the Services immediately upon notice to you if we determine: (a) your use of or registration for the Services may subject us, our affiliates, or any third party to liability or may adversely impact the Services or the systems or content of any other Anytime Health customer; (b) you are in breach of this Agreement, including if you are delinquent on your payment obligations for more than 15 days; or (c) you are a business and have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding. If we suspend your right to access or use any portion or all of the Services you remain responsible for all fees you have incurred through the date of suspension and for any applicable fees for any Services to which you continue to have access. Our right to suspend your right to access or use the Services is in addition to our right to terminate this Agreement pursuant to the Termination Section.
Termination
You may terminate this Agreement at any time and for any reason by using the subscription screen in the account menu or using similar functionality that we may provide within the Services. We may terminate this Agreement at any time and for any reason by providing you 15 days advance notice. We may also terminate this Agreement immediately, without notice or liability, if we determine in our sole discretion that: (i) you have breached any portion of this Agreement; (ii) your use of, or access to, the Services violates any applicable law, rule or regulation or otherwise inhibits any other user from using or accessing the Service; (iii) the reasons for suspension in Suspension Section will not be cured; (iv) our relationship with a third party partner who provides software, content, data, or other technology we use to provide the Services expires, terminates or requires us to change the way we provide part of the Services; (v) the Services could create a substantial economic or technical burden or material security risk for us; or (vi) our provision of any of the Services to you has become impractical or unfeasible for any legal or regulatory reason. Upon termination of this Agreement, your rights to use the Services terminate and you remain responsible for all fees you have incurred through the date of termination. We have no obligation to refund to you any prepaid fees. You must uninstall any of our software associated with the Services.
Terms of Sales
By placing an order you are offering to purchase a product or a service on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Shipping times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has “shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
In order to contract with “www.futness.com” you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. “www.futness.com” retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party, which you have contracted with. This will usually be “www.futness.com”. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products and services from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods that you ordered have been dispatched to you or in the case of services have been confirmed by us. Only those goods or services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
While we try and ensure that all details, description and prices that appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods or services that you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods or services, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods or services you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
You are responsible for reading the full description of the products or services you wish to buy before making a purchase.
Returns
You have 14 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase. Items that are opened or damaged or do not have a receipt will be denied a refund or exchange. These remedies are your exclusive remedies. All other remedies are hereby excluded. All warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose are expressly excluded. The exclusions herein are subject to and may be limited by applicable law and you may have additional rights that vary from state to state.
Refunds
Refunds once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. In most cases your refund will automatically go back to the original form of payment used for the purchase. In the event you used multiple forms of payment, your refund may be issued across all payment methods used. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer's policies.
Only regular priced items may be refunded. Unfortunately sale items, coupons, and discount codes cannot be refunded. All sale items, discounts, and coupons are final sale.
User Representations
You hereby represent and warrant to FÜTNESS WORLDWIDE LLC that: (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19 or 21 years of age depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence or (iii) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) you are an authorized signatory of the credit or debit card or other method of payment that you provide to FÜTNESS WORLDWIDE LLC or it third-party payment processor to pay the purchase price and any applicable fees or taxes related to your Orders; (c) you will comply with the terms and conditions of these Terms of Service and any other agreement to which you are subject that is related to your use of the Web Site or any part thereof or any Order(s) that you place via the Web Site; (d) you have provided and will maintain truthful, accurate and complete information to FÜTNESS WORLDWIDE LLC, including, without limitation, your legal name, address, email address, and any other registration information FÜTNESS WORLDWIDE LLC may reasonably require; (e) your access to and use of the Web Site or any part thereof and/or purchase and use of any Content, products or services will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (f) you will immediately notify FÜTNESS WORLDWIDE LLC in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person; (g) you will promptly report to FÜTNESS WORLDWIDE LLC any violation of these Terms of Service by any other user; (h) you will not use the Web Site in order to gain competitive intelligence about FÜTNESS WORLDWIDE LLC, the Web Site or any product or service offered via the Web Site or to otherwise compete with FÜTNESS WORLDWIDE LLC or its affiliates; and (i) if you purport to be the agent of, represent or otherwise act on behalf of an entity or any other person, that you are in fact an authorized representative of such entity or other person.
In the event that you post any User Content via the Web Site, you hereby make the following additional representations and warranties to FÜTNESS WORLDWIDE LLC: (1) you are owner of such User Content or otherwise have the right to grant FÜTNESS WORLDWIDE LLC the licenses granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties'; rights; (4) the use of any User Content will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content is true, accurate and complete. PLEASE NOTE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USER CONTENT POSTED ON THE FÜTNESS WORLDWIDE LLC WEB SITE AND IN YOUR PRIVATE E-MAIL MESSAGES.
Prohibited Uses
You are solely responsible for all content or information you publish or display (hereinafter, "post") on the Web Site. You will NOT post on the Web Site any defamatory or illegal material or any material that actually or potentially infringes or violates the intellectual property rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person. You will use the Web Site in a manner consistent with any and all applicable laws, regulations, rulings and orders. By posting information on the Web Site, you warrant and represent that the information is truthful and accurate. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or except as otherwise permitted by law. FÜTNESS WORLDWIDE LLC does not and cannot review each message posted by users of the Web Site and FÜTNESS WORLDWIDE LLC is not responsible for the information, message or contents of such Content. FÜTNESS WORLDWIDE LLC reserves the right, but is not obligated, to delete or remove (i) profane language, (ii) obscenities, (iii) threats of physical violence, bodily harm or damage to property, and (iv) private financial information such as social security numbers and credit card information.
Additionally, you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Web Site or any part thereof or any User Content that you may post or purchase via the Web Site, which includes, without limitation: (a) use of the Web Site to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Web Site or any other computer network; (b) use of the Web Site to post or store viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (c) use of the Web Site to post or store any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (d) use of any manual or automated software, devices or other processes to "crawl" or "spider" any web pages contained in the Web Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Web Site); (e) use of the Web Site to gain competitive intelligence about FÜTNESS WORLDWIDE LLC, the Web Site or any product or service offered via the Web Site or to otherwise compete with FÜTNESS WORLDWIDE LLC or its affiliates; (f) framing or otherwise simulating the appearance or functions of the Web Site or any portion thereof; (g) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users or (h) use of the Web Site to engage in any activity that, as determined by FÜTNESS WORLDWIDE LLC, may intentionally or unintentionally violate these Terms of Service, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Service.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law FÜTNESS WORLDWIDE LLC and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.futness.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Further, the Site is provided on an “AS IS,” “as available” basis. We do not warrant that your use of the Site will be uninterrupted or error-free. We do not warrant the accuracy, integrity, or completeness of the Content provided on the Site, or the products or services offered for sale on the Site. We make no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. We specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE WEBSITE, ANY CONTENT AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FÜTNESS WORLDWIDE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, ACCURACY, CORRECTNESS AND NON-INFRINGEMENT. WITHOUT LIMITATION, FÜTNESS WORLDWIDE LLC MAKES NO WARRANTY THAT THE WEB SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS. UNDER NO CIRCUMSTANCES WILL FÜTNESS WORLDWIDE LLC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE FÜTNESS WORLDWIDE LLC WEB SITE, OR TRANSMITTED TO OR BY ANY USERS. ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEB SITE OR ANY PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE. ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FÜTNESS WORLDWIDE LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FÜTNESS WORLDWIDE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE, ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE ON OR PURCHASED VIA THE WEB SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE CONTENT, PRODUCTS AND SERVICES RESULTING FROM ANY CONTENT, PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEB SITE, ANY CONTENT OR PRODUCTS OR SERVICES. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE WEB SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FÜTNESS WORLDWIDE LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE, PURCHASING ANY CONTENT OR PURCHASING FÜTNESS WORLDWIDE LLC'S PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY FÜTNESS WORLDWIDE LLC FOR PROVIDING THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Reviews and Comments
You may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. FÜTNESS WORLDWIDE LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant FÜTNESS WORLDWIDE LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FÜTNESS WORLDWIDE LLC and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify FÜTNESS WORLDWIDE LLC for all claims resulting from content you supply. FÜTNESS WORLDWIDE LLC has the right but not the obligation to monitor and edit or remove any activity or content. FÜTNESS WORLDWIDE LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
IP Addresses
Due to the communications standards on the Internet, we automatically receive the uniform resource locator (URL) of the web site from which you came and the web site to which you proceed once you leave the Web Site. We also receive the IP address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, as well as the name of your Internet service provider (ISP). This information is used to analyze overall trends to help us improve the Web Site. The linkage between your IP address and your personally identifiable information is shared with third parties in accordance with this Privacy Policy.
Web Beacons and Ad Networks
We may allow other companies, called ad networks, to serve advertisements to Users via the Web Site. Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. FÜTNESS WORLDWIDE LLC may "target" some ads to Users that fit a certain general profile. To deliver these ads properly, the Web Site may include a file, called a web beacon, from these ad networks within pages served by the Web Site or implement other monitoring technologies so the networks may provide anonymous, aggregated auditing, research and reporting for advertisers as well as to target ads to you while you visit other web sites. These general targets may also be used by ad networks to display targeted ads on other web sites as a substitute for random, irrelevant ads. In addition, the Web Site may use the technology of ad networks to serve ads only when you visit this Web Site. Ad networks may use non-personal information, such as your state or zip code, in order to provide advertisements about goods and services that may be of particular interest to you while you visit this Web Site. Because your web browser must request these advertisements and web beacons from the ad network's servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.
No Spam Policy
You understand and agree that sending unsolicited email advertisements to FÜTNESS WORLDWIDE LLC email addresses or through FÜTNESS WORLDWIDE LLC computer systems is expressly prohibited. Any unauthorized use of FÜTNESS WORLDWIDE LLC computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. A § 1030 et seq.), such violations may subject the sender and his or her agents to civil and criminal penalties.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright.
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with “www.futness.com” and you should not rely on the existence of such a connection or affiliation in any way. Any trade marks/names featured on this Website are owned by the respective trademark owners, unless otherwise stated. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services, is in no way an assertion that such products or services are endorsed by or connected to “www.futness.com”.
Indemnity
You agree to indemnify, defend and hold harmless FÜTNESS WORLDWIDE LLC, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation
FÜTNESS WORLDWIDE LLC shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Disputes
Any dispute relating in any way to your visit to www.futness.com or related to products you purchase through www.futness.com shall be submitted to confidential arbitration in the State of Florida, United States, except that, to the extent you have in any manner violated or threatened to violate FÜTNESS WORLDWIDE LLC’s intellectual property rights, FÜTNESS WORLDWIDE LLC may seek injunctive or other appropriate relief in any state or federal court in the United States, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and FÜTNESS WORLDWIDE LLC Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of FÜTNESS WORLDWIDE LLC
Class/Facility Terms and conditions
Class hours
FÜTNESS WORLDWIDE LLC reserves the right to change the class hours as considered necessary for the proper operation of the facilities.
Classes and Packages
FÜTNESS WORLDWIDE LLC offers various packages for FÜTNESS WORLDWIDE LLC’s Fitness classes, ranging from one to multiple classes per package and also offers various other services. Once a package is purchased, Participants will receive a class Credit in their account for each FÜTNESS Fitness class purchased in the package. "Credit" refers to any credit to take a FÜTNESS Fitness class, whether purchased or complimentary. All Participants and Members must create a FÜTNESS Fitness class account ("Account") before taking a class. Please refer to the Terms of Service for more information on creating an Account.
All Participants must arrive 10 minutes before the start of class to guarantee their participation in that particular class. We reserve the right to offer the reservation of any Participant who has not arrived by the start of the class to anyone on the waitlist who is present at the start of class. If no one from the waitlist is present, FÜTNESS WORLDWIDE LLC allows a five (5) minute window after the start of class for Participants to enter the class. For the safety and enjoyment of all Participants, a Participant may not enter the class if he or she is more than five (5) minutes late.
Class Cancellation
Reserved classes may be cancelled without penalty 24 hours before the scheduled class at www.futness.com under My Account. Each reservation not cancelled 24 hours before the class scheduled will result in the forfeiture of the Credit used to reserve the class. A penalty may be imposed for members failing to cancel classes they have booked but decide not to/are unable to attend.
If no reservations are available for a particular class, Participants may join the waitlist. As they become available, class reservations are offered by email or text (depending on when the reservation becomes available) to Participants on the waitlist on a first come, first served basis. If a Participant is offered and accepts a reservation off the waitlist but fails to attend the class, it will result in the forfeiture of the Credit used to reserve the class.
Transfer & Resale
Transfer of classes to other persons is prohibited. The Class cannot be attended by other person who is not on the scheduling list. Classes are not redeemable for cash. Unauthorized reproduction, resale, or trading of classes is prohibited. Refunds will not be made. These terms include the following reasons: relocation of self or home; injury and/or health condition; failure to meet customer’s standards/satisfaction. Classes are refundable only if the event is cancelled and not rescheduled.
Attire
You are required to wear appropriate clothing and footwear and may be asked to change or leave if you choose to wear offensive attire including but not limited to: Inappropriate pictures or language on an article of clothing, clothing that may fray causing safety issues, clothing with excessive glitter that comes off of the garment, muddy or dirty shoes or clothing, overtly sexual clothing. Hats are not permitted inside the classroom /gym and pants/shorts must cover your bottom completely. Please remove all loose jewelry or other loose articles before your scheduled classt. We do not assume responsibility for any lost or stolen items left in the facilities/classroom/locker rooms/commons areas/parking lot.
If any member or guest violates any of the Policies or Rules, FÜTNESS WORLDWIDE LLC will ask that person to stop or leave. A member’s violation of any of the Policies or Rules may also cause FÜTNESS WORLDWIDE LLC, in its sole discretion, to terminate that person’s membership and/or other agreements.
No Personal Training by Members or Guests
You may not solicit or conduct on the premises any personal training as defined above, with or without compensation. FÜTNESS WORLDWIDE LLC retains sole discretion to determine whether a member or guest is engaged in personal training.
No Solicitation
Unless expressly authorized by FÜTNESS WORLDWIDE LLC, you may not solicit-whether in person or in writing-any members, guests or team members on the premises or during off-premises events, including but not limited to solicitations for political or religious purposes, media interviews, business opportunities, or competitive products or services.
Alcohol
You may not consume alcohol on the premises. You may not use our equipment, services or programs while under the influence of alcohol.
Drugs
You may not use, possess or sell any illegal drug on the premises, including but not limited to anabolic steroids or other illegal growth-enhancing substance. You may not use our equipment, services or programs while under the influence of illegal drugs. You should not use, or should stop using, any equipment, service or program if your prescription medication adversely impacts or influences your ability to safely use it.
Smoking
You may not smoke, chew or use any other tobacco products on FÜTNESS WORLDWIDE LLC’s premises including any outdoor areas (e.g., sidewalks or parking lot), or at FÜTNESS WORLDWIDE LLC’s events.
Conduct
We strive to uphold a safe, fun, family-oriented environment. As such, we expect proper, respectful conduct on the premises at all times. While in our facilities, FÜTNESS WORLDWIDE LLC does not permit and will not tolerate any inappropriate or disrespectful conduct toward members, guests, employees (“team members”) or vendors. Such conduct includes, without limitation, using loud, abusive, offensive, insulting, demeaning language, profanity, lewd conduct, vulgar, profane, indecent, offensive, violent, hostile, aggressive, threatening, harassing, stalking, fraudulent, or other inappropriate conduct or language, or any conduct that harasses or is bothersome to members, guests or FÜTNESS WORLDWIDE LLC employees.
Animals
You may not bring any animal on the premises unless it is a service animal performing its duties in the care of a person who requires its assistance or is an on-duty law enforcement animal (“exempt animals”). All exempt animals must be licensed, vaccinated and have identification tags (where applicable); must remain leashed or caged and under a non- FÜTNESS WORLDWIDE LLC responsible person’s control at all times; and must be removed immediately if it causes a disturbance, interrupts the work of others or poses a health or safety risk to those who are exposed to it. The animal’s owner must promptly remove animal waste and is liable for any damage caused by the animal.
Damage to Facilities
You may not damage the FÜTNESS WORLDWIDE LLC facilities in any way, including but not limited any damage to, or theft of, exercise equipment, towels, supplies or other center property, such as balls breaking lights. If you, or a guest, damages FÜTNESS WORLDWIDE LLC facilities, you must pay for it
Injuries
If you are injured while on the premises, please seek immediate assistance from a FÜTNESS WORLDWIDE LLC team member. A team member can provide or arrange for appropriate medical assistance and complete an incident report.
Weapons
You may not bring or use weapons of any kind on the premises for any reason.