RIPPED Fitness Website Terms and Conditions
Thank you for visiting the Ripped website located at www.rippedfit.com (the “Site”). The Site is an Internet property of Bunk 5, LLC dba Ripped Fitness (“Ripped Fitness,” “we,” “our” or “us”). The Site provides end-users with access to certain content (“Content”), information about our workouts, workout facilities, instructions, programs and other related information (the “Ripped Fitness Services”), reservation and class purchase information (the “Purchase Services”), contact information and a means to request being contacted by Ripped Fitness (“Contact Services” and together with the Content, the Ripped Fitness Services and the Purchase Services, the “Website Services”).
Unused credit packs can be returned for a full refund within 30 days of purchase. If any credits from a credit pack have been used, no refunds will be offered.
1. Scope/Modification of Agreement.
The Agreement and, upon use of the Purchase Services, the Participant Purchase Terms and Conditions, constitute the entire and only agreements between you and us with respect to your use of the Site and/or Website Services, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement and the Participant Purchase Terms and Conditions from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement and Participant Purchase Terms and Conditions will be posted on the Site, and you should review the Agreement prior to using the Site and/or Website Services. By your continued use of the Site and/or Website Services, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates and/or changes.
The Site is available only to individuals that: (a) are at least sixteen (16) years of age; and (b) can enter into legally binding contracts under applicable law.
3. Website Services.
(b) Content. The Site contains Content which includes, but is not limited to, information regarding the Ripped Fitness Services, testimonials, an “about us” section that describes Ripped Fitness’s mission and key personnel, information about Purchase Services, class schedules, a regularly updated Twitter® feed and other materials regarding Ripped Fitness and its many offerings. The Content is offered for informational purposes only.
(c) Use. Our Terms and Conditions were developed to ensure that our customers are using our facilities and Services with due regard to their rights and the rights of other users, and in conformity with standard and current procedures, rules, regulations and requirements of Ripped Fitness. By accessing, browsing and/or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree, do not use this Website.
(d) Your Account and Profile . You will need to register by creating an account with Ripped Fitness in order to obtain access to certain Services, including the Purchase Services. In addition, in order to obtain access to the Purchase Services, you must agree to the Participant Purchase Terms and Conditions. If you choose to create an account with Ripped Fitness, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the Ripped Fitness Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by rippedfit.com may not register for an account, nor may you designate any of those individuals to use your account on your behalf. Ripped Fitness relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
(e) Reservations. We accept Mastercard, Visa, American Express and Cash for Purchase Services. You can reserve classes up to 2 weeks in advance, classes may be cancelled up to 24 hours in advance to avoid penalty. ADD HYPERLINK – Click for online reservations]. Deadlines apply regardless of available functionality. Classes may be cancelled up to 2 hours before the class time to avoid penalty. Your credit/debit card will be charged for your order when you submit your reservation. Ripped Fitness will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Ripped Fitness may incur in its efforts to collect any unpaid balances from you.
(f) General. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site and/or Website Services shall be subject to the Agreement. You understand and agree that we are not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, the Website Services. If we terminate the Agreement for any reason, we shall have no liability or responsibility to you. You understand and agree that refusal to use the Site and/or Website Services is your sole right and remedy with respect to any dispute with us.
4. License Grant.
As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Website Services and associated content in accordance with the Agreement. We may terminate this license at any time for any reason. You may use the Site for your own personal, non-commercial use. No part of the Site and/or Website Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Website Services or any portion thereof. We reserve any rights not explicitly granted in the Agreement. Systematic retrieval of material from the Site and/or Website Services by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us is prohibited. Your right to use the Site and/or Website Services is not transferable.
5. Proprietary Rights.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site and Website Services are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site and/or Website Services is strictly prohibited. You do not acquire ownership rights to the Site, Website Services or any content, document, software, services or other materials viewed at or through the Site and/or Website Services. The posting of Content and other information or material on the Site and/or by and through the Website Services by Ripped Fitness does not constitute a waiver of any right in or to such information and/or materials.
6. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit and/or delete any documents, information or Content appearing on the Site.
You agree to indemnify and hold us, our parents, subsidiaries and affiliates, and each of their respective partners, associates, employees and/or other agents, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or Website Services; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this Section 7 are for our benefit, as well as our parents, subsidiaries and affiliates, and each of their respective partners, associates, employees and/or other agents. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
8. Disclaimer of Warranties.
THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, RIPPED FITNESS MAKES NO WARRANTY THAT: (A) THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL MEET YOUR REQUIREMENTS; (B) THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR RIPPED FITNESS SERVICES AS ADVERTISED ON THE SITE; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE ACCURATE OR RELIABLE. THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RIPPED FITNESS OR OTHERWISE THROUGH OR FROM THE SITE AND/OR WEBSITE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
9. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME; (B) THE FAILURE TO QUALIFY FOR RIPPED FITNESS SERVICES AS ADVERTISED ON THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR CONTACT DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
10. Third Party Websites.
The Site may provide links to and/or refer you to other Internet websites and/or resources. Because we have no control over such third party websites and/or resources, you hereby acknowledge and agree that we are not responsible for the availability of such third party websites and/or resources. Furthermore, we do not endorse, and are not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
12. Legal Warning.
Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and we will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site and/or Website Services is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
14. Contact Us.
If you have any questions regarding the Agreement, or would like more information from Ripped Fitness, please contact us at firstname.lastname@example.org or (914) 481-5755.
15. Terms and Conditions Last Revised.
November 18, 2013