Last Updated: October, 1, 2013
ACCEPTANCE OF TERMS
The Prooffitness.com Website is provided for your information. PROOF FITNESS will make every effort to keep the content on the Website current. However, PROOF FITNESS does not guarantee that it is the most up to date information available. For the most current and up to date information on class changes, contact information and any other information regarding PROOF FITNESS, its operations, programs, and offers, please contact a PROOF FITNESS location directly. PROOF FITNESS assumes no responsibility for, among other things, any service outages or interruptions, the unavailability of particular features or services, and the inability to access all or part of the Website. The Website and all of its contents are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the Website, that your use of the Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Website, and that PROOF FITNESS shall not be liable for any damages of any kind related to your use of the Website.
You agree that you are only authorized to visit, view and to retain a copy of pages of the Website for your own personal use. You shall not duplicate, download, publish, modify or otherwise distribute the material on the Website for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. The content and software on this Website is the property of PROOF FITNESS and is protected by U.S. copyright laws. You also agree not to use the Website to: (a) violate or solicit the violation of any applicable local, state, national or international law; (b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights; and/or (c) interfere with or disrupt the Website. Furthermore, you agree that you will not use any automated device or process, such as a “bot” or a “spider,” to copy or extract information or content from the Website, except to use such information or content for purposes of listing the Website with a search engine or other service designed to direct users to the Website. You further agree that you will not copy, modify, or publicly display any information or content on the Website for use in any commercial manner, except to use such information or content for purposes of listing the Website in a search engine or other service directing users to our Website.
HEALTH RELATED INFORMATION
Prior to participating in any exercise program or activity, you should seek the advice of your physician or other qualified health professional. You agree that no health information provided on or by the Website will be used to diagnose, treat, cure or prevent any medical condition without consulting a licensed physician. Application or reliance on of the techniques, ideas, and suggestions accessed through the Website is at your sole discretion and risk.
The Website is not designed for use by children. By using Prooffitness.com and/or providing any information about yourself on Prooffitness.com, you agree and warrant that you are 18 years of age or older.
By inquiring or registering at the Website, you are giving your consent to receive promotions or newsletters from us. If you do not wish to receive these marketing materials, you may request to be removed by using the opt-out mechanism listed in the communications you receive. To opt-out of email promotions from PROOF FITNESS, you may simply use our convenient Unsubscribe Email at [email protected].
INFORMATION ON PROOF FITNESS WEBSITE
PROOF FITNESS attempts to make sure that the information on this Website is correct and complete. However, PROOF FITNESS makes no representation that the information on the Website is correct, complete or current. Errors may periodically occur and will be corrected upon discovery. PROOF FITNESS reserves the right to revoke any offer and correct any errors, inaccuracies or omissions. Prices and availability of products and services are subject to change without notice.
LINKS AND SEARCH RESULTS
INDEMNIFICATION AND RELEASE
You agree to defend, indemnify and hold PROOF FITNESS, its parents, subsidiaries, partners, agents, affiliates, licensors, providers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from, in connection with or as a result of your use or inability to use the Website and/or Website content, any information provided to you by the Website, or any violation of this Agreement by you.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE PROOF FITNESS AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS AND CONTRCTORS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (THE “WEBSITE CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER PROOF FITNESS, NOR OUR AFFILIATES, ASSOCIATES, PARTNERS AND/OR LICENSORS MAKE ANY WARRANTY THAT THE CONTENT OF THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE WEBSITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PROOF FITNESS, OUR AFFILIATES, ASSOCIATES, PARTNERS AND/OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR FROM INFORMATION PROVIDED ON THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
WAIVER OF CLASS ACTION RIGHTS
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.
Except as explicitly stated otherwise, any notices shall be given to PROOF FITNESS via email at [email protected], or postal mail to PROOF FITNESS, Attn: Legal Department, 4101 Tates Creek Centre Dr. Ste. 164, Lexington, KY 40517, or to you via the email address you provide to PROOF FITNESS during the inquiry or registration process.
INTEGRATION AND SEVERABILITY
FREE PASS ACCESS
Good for first time visitor only. Must be 18 years or older with a valid local ID. Some restrictions may apply. Must not have been a Proof Fitness member in the last 90 days. Limit one per person. College students must present their valid Student ID.
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