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i99 Waiver, Terms, and Conditions

Thank you for choosing i99 for your gymnastics training needs. When you use our products and services, you agree to our terms, so please read this i99 Fit Waiver, Terms & Conditions document carefully as it contains important information regarding your legal rights and obligations. These Terms and Conditions apply to any use of and access to the i99 Fit website, App, services, and products. By accessing or using the i99 Fit website, App, services, and products, you are indicating that you have read this document and agree to its terms. If you do not agree with all the terms & conditions in this document, you may not access or use any i99 services or products.

General Terms:

  1. Trademark and Copyright

The entire content included on the site and in the App, including but not limited to text, graphics or code is the intellectual property of i99 Fit for Life, L.L.C.(dba i99 Fit) and is copyrighted as a collective work under the United States and other copyright and intellectual property laws, and is the property of i99 Fit for Life, L.L.C. (dba i99 Fit). The collective work includes works that are licensed to i99 Fit. Copyright, 2015, i99 Fit ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to purchase i99 Fit products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site or App is strictly prohibited unless authorized by i99 Fit. You further agree not to change or delete any proprietary notices from materials downloaded from the site or App.

  1. Intellectual Property

App users may not modify, attempt to modify, reverse engineer, or in any way attempt to copy or replicate any code, software, or materials in the App. All content of the App, including any code, software, or engineering used to develop the App, is the intellectual property of i99 Fit and cannot be used, replicated, copied, or distributed in any way with the express written permission of i99 Fit for Life, L.L.C.

  1. Warranty Disclaimer

This site, App, and the materials and products located on the site and/or the App are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, i99 Fit disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. i99 Fit does not represent or warrant that the site or App will provide service uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. i99 Fit does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Additionally, nothing contained on the website or App shall be construed as providing consult or advice to you.

  1. Limitation of Liability

In no event shall i99 Fit nor any of its officers, directors, instructors, coaches and employees, be liable to you for anything arising out of or in any way connected with your use of this Website or App, inability to use the Website or App, the performance of the products, or quality of the services whether such liability is under contract, tort or otherwise, and i99 Fit, including its officers, directors, employees, coaches and instructors shall not be liable for any indirect, consequential, or special liability or damages arising out of or in any way related to your use of the Website or App, even if i99 Fit has been advised of the possibility of such damages.

  1. Revision of Terms & Conditions/Waiver

i99 Fit, in its sole discretion, may, from time to time, make changes in this Agreement. Such changes will become effective when  a modified version of this Agreement is posted on our website at https:/i99fit.com. By using the Website and/or App, you are expected to review such Terms regularly to ensure you understand all terms and conditions governing use. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such lack of enforceability or such invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination by i99 Fit.

  1. Legal Jurisdiction

Your use of this site, App, and any orders made from i99 Fit shall be governed in all respects by the laws of the state of Colorado, U.S.A., without regard to the choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the site, or the App (including but not limited to the purchase of i99 Fit products or services, and including but not limited to enrollment or attendance in i99 Fit activities) shall be in the state or federal courts located in the State of Colorado. Any cause of action or claim you may have with respect to the site or the App (including but not limited to the purchase of i99 Fit products or services and including but not limited to enrollment or attendance in i99 Fit activities) must be commenced within one (1) year after the claim or cause of action arises. i99 Fit’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. i99 Fit may assign its rights and duties under this Agreement to any party at any time without notice to you.

  1. Indemnification

You agree to indemnify, defend, and hold harmless i99 Fit for Life, its officers, directors, instructors, coaches, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions.

  1. Notice

i99 Fit may send notice to you via email, regular mail, or notices or links displayed in connection with the Services and such constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive a notification if the email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.

 

COMMUNITY USE GUIDELINES

  1. Harassment

Harassment in any manner or form on the site, social media, and/or on the App, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an i99 Fit instructor, coach, member, host, or representative, as well as visitors on the site or App, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or App or use the site or App to solicit others to join or become members of any other commercial online service or other organization.

i99 Fit does not and cannot review all communications and materials posted to or created by users accessing the site and/or App and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site and/or App, i99 Fit is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, i99 Fit reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property rights of another or (d) offensive or otherwise unacceptable to i99 Fit in its sole discretion.

  1. Third-Party Links

To provide increased value to our visitors, i99 Fit may link to sites operated by third parties. However, even if the third party is affiliated with i99 Fit, i99 Fit has no control over these linked sites, all of which have separate privacy and data collection practices, independent of i99 Fit. These linked sites are only for your convenience, and therefore you access them at your own risk. Nonetheless, i99 Fit seeks to protect the integrity of its Website, App, and the links placed upon it and therefore requests any feedback on not only its own site but for sites it links to as well (including if a specific link does not work).

WAIVER

  1. Audio/Visual Release

i99 Fit may photograph or film you while participating in an i99 Fit activity and may use any and all of such photos, audio, and/or visual recordings for publication, promotion, articles, shows, and advertisement without additional consent and without compensation at this time or any other time.

  1. High-Risk Activity

Products sold and services offered by i99 Fit are used in or conducted during high-risk sports activities including but not limited to gymnastics, yoga, fitness, weight training, cross-training, high-intensity athletic activity, and demonstration. You participate in any of these activities at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read, understand, and follow specific warnings and instructions on products and in product literature or inserts before using the product. Save these documents for reference.

  1. Assumption of Risk

By buying, using, providing, or allowing the use of i99 Fit’s products,  or participating in any of i99 Fit’s activities, seminar, lessons, or services, you understand and agree that gymnastics, yoga, fitness, weight training, cross-training, high-intensity athletic activity, and demonstration are high-risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR ANY OTHER FAULT of i99 Fit including but not limited to equipment malfunction from whatever cause, or any other fault of i99 Fit. Additionally, you agree to indemnify, defend, and hold i99 Fit harmless from any third-party claims arising from such High-Risk Activities or any other i99 Fit product or service.

 

FINANCIAL

  1. EFT Authorization

i99 Fit may transfer electronic funds on a recurring basis for your personal training from the checking, savings or credit card account specified on your i99 Fit account which you entered when you became a member.

 

USE OF PRODUCTS AND SERVICES

  1. Warranty Disclaimer

i99 FIT PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABILITIES OF i99 FIT. i99 FIT NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS FROM ITS WEBSITES, APPLICATIONS, CATALOGS, OR OTHERWISE. THE TERM “ORIGINAL PURCHASER” AS USED IN THIS WARRANTY MEANS THE PERSON TO WHOM THE PRODUCT IS ORIGINALLY SOLD AS SHOWN ON THE SALES INVOICE. THESE WARRANTIES SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE UNITED STATES AND CANADA.

  1. Limitation of Liability

i99 Fit’s liability is limited to the replacement of its products, which are returned to it prepaid within the relevant period. In no event shall i99 Fit’s liability exceed the value of the products sold. i99 Fit shall not be liable for any special or consequential damages that result from the use of any product sold through its websites, catalogs, or otherwise. Applicable law may not allow the limitation or exclusion of liability of special or consequential damages, so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.

Use and misuse of products sold through i99 Fit’s websites, catalogs, or otherwise, including but not limited to its display in any other arena, involves serious risks including injury, disability, and death. Purchasers, users, and participants assume all risk of injury. i99 Fit cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through i99 Fit’s websites, catalogs, or otherwise, including but not limited to its display in any other arena.

  1. Inspect Before Each Use

Any of i99 Fit’s products must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately contact us at [email protected] for instructions on how to return the product to i99 Fit for a replacement.

  1. Use by Others

Before you allow others to use an i99 Fit product you agree that (a) you will require that they (or their legal guardian if they are minors) read, understand, and agree to these Terms and Conditions, (b) you believe they (or their guardian) understand that they are participating in a high-risk activity and assume the risk of death or other personal injury or property damage, and (c) you agree to indemnify, defend, and hold i99 Fit harmless from any claims made by them arising from their use of i99 Fit products.

  1. Termination of Access to i99 Fit

i99 Fit reserves the right to terminate your account on our Website and/or App, as well as your access to our Website and/or App in the case of abuse of these Terms and Conditions or in i99 Fit’s sole and absolute discretion.

ATTESTATION:

I am not under the influence of any drugs, alcohol, or other intoxicants. I am not suffering from any illness or incapacity. I am over 18 years of age. I have carefully read this i99 Fit Waiver, Terms & Conditions document and fully understand its contents. I am fully aware that this document is an assumption of risk by me. I understand that by pressing the SUBMIT button, I am giving up substantial rights, and I agree to all of this document’s provisions.