Caliber Fitness Terms of Service (“Agreement”)
This Agreement was last modified on December 5th, 2016.
Non Disclosure Agreement
You agree to hold confidential all proprietary information and or trade secrets (“confidential information”) in trust and confidence and you agree that it shall be used only for the contemplated purposes, shall not be used for any other purpose, or disclosed to any third party. You warrant, covenant and agree as follows:
You, or any others employed or engaged by Caliber Fitness, agree not to disclose, directly or indirectly, any information with respect to any business conducted by Caliber Fitness. Without restricting the generality of the foregoing, it is agreed that we will not disclose:
- Financial information, business plans, strategies for development or growth, or any other proprietary information not known generally to the public or in the public domain relating in any way to the business of Caliber Fitness, or any other information regarding the management or method of operation of the Website, and
- That you will not copy or reproduce, in any form, information provided to you by Caliber Fitness for the purpose of distribution or use outside the Website.
You acknowledge that the aforesaid restrictions are necessary and fundamental to the business of Caliber Fitness, and are reasonable given the nature of the business carried on by Caliber Fitness. You agree that this Agreement shall be governed by and construed in accordance with the state of New York. You agree that each provision of this Agreement is separate and distinct, and is severable from all other separate and distinct provisions.
If any of the activities, periods of time, or other matters contained in this Agreement are considered by a court of competent jurisdiction as being unreasonable, the court shall have the authority to limit such matters as the court deems proper in the circumstances and if any provision is void or unenforceable in all or in part, it shall not affect the enforceability of the balance of this Agreement. Caliber Fitness shall be entitled and has the right to obtain an injunction to ensure compliance with this Agreement.
You enter into this Agreement totally voluntarily, with full knowledge of its meaning, and without duress.
Communications with Website Users
Cookies: Your Web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. By not accepting cookies, some pages may not fully function and you may not be able to access certain information on the Website.
The Website and the information contained within it is protected by copyright. Reproduction of part or all of the Website contents in any form is prohibited unless for personal use. Content of the Website may not be copied to any other publication (including electronic, hard copy or others). Interior deep linking or framing of the Website is prohibited without written permission of Caliber Fitness.
Disclaimer of Warranty; Limitation of Liability
The information provided through this site or sent to you by a Caliber Fitness trainer is intended to assist you in your fitness efforts. All information is of a general nature and is furnished for educational purposes only. You agree and acknowledge that Caliber Fitness is not a medical organization, hospital or staffed by medically trained personnel. The information provided through this site is not intended as a substitute for medical counseling, or the professional advice of your personal physician. Before you begin any fitness or nutrition program, consult your physician to determine if the fitness or nutrition program is right for your needs. Do not start a fitness or nutrition program if your physician advises against it. Please note that the Website’s trainers, affiliates or employees cannot provide you with medical advice and nothing that you may read on this site or that is otherwise provided to you by the Website’s trainers, affiliates or employees should be construed as such. Although Caliber Fitness and the Website’s trainers, affiliates and employees makes an effort to provide quality information to you, Caliber Fitness disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any information provided through this site or sent to you by a Caliber Fitness trainer or the Website. For example, health, diet & fitness advice is often subject to updating and refining due to medical research and developments. No assurance can be given that the information provided through this site will reflect the most recent findings or developments with respect to the particular material. The Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors or individuals with any type of health condition. Such individuals are specifically advised to seek professional medical advice prior to initiating any fitness or nutrition effort or program.
You agree to indemnify and hold Caliber Fitness, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of Caliber Fitness’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. Your obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
You authorize Caliber Fitness to charge the account designated during the registration process the current fees and charges for each term according to the subscription plan. You may cancel the Service at any time by going to the Account Settings section of the Website and following the cancellation instructions or by emailing firstname.lastname@example.org to avoid any future charges. You are responsible for any charges associated to connecting to the Website, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide Caliber Fitness with accurate, complete and updated information as to your name and e-mail address and payment information provided by you at registration. Failure to do so shall constitute a breach of this Agreement.
Caliber Fitness may, at its sole discretion, provide refunds on a case by case basis. All services are accurately represented and explained within the Website. It is the sole responsibility of the Registrant or Member to read and understand what services are being offered prior to joining.
All of our subscription plans use recurring billing. You will automatically be charged the subscription fee for the subsequent month unless you cancel the Service before the new subscription period begins. By entering into this Agreement, you accept responsibility for all recurring charges prior to cancellation. CALIBER FITNESS MAY SUBMIT PERIODIC CHARGES (E.B., MONTHLY) RELATING TO YOUR SUBSCRIPTION WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU CANCEL YOUR ACCOUNT. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE CALIBER FITNESS REASONABLY COULD ACT.
Free Trial Membership
If you sign up for a free trial of the Service, you must cancel the Service before the end of the free trial period to avoid being charged the subscription fee designated during the registration process. You can cancel at any time during your free trial period by going to the Account Settings section of the Website and following the cancellation instructions or by emailing email@example.com. We may perform a $1 pre-authorization to ensure your credit card is valid, which will typically disappear from your account within 3-4 business days – we won’t actually charge your card until the end of your free trial period. If you cancel prior to the end of the free trial period and are inadvertently charged a subscription free, please contact us to have the charges reversed.
Caliber Fitness shall have the right to immediately terminate this Agreement with respect to any user which Caliber Fitness, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. Caliber Fitness does not have to provide a refund for services under any conditions. Either you or Caliber Fitness may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or policy or practice of Caliber Fitness in operating the Website (ii) content available through the Service or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement through our cancellation system. Notice of termination will be effective upon receipt by Caliber Fitness. Without limiting the foregoing, Caliber Fitness shall have the right to immediately terminate this Agreement with respect to any user which Caliber Fitness, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. In the event that your account is terminated or cancelled, no refund of any fees, including monthly membership fee, will be granted. Fees paid for any Service are paid in advance and are not refundable in whole or in part.
Caliber Fitness shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Service or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Website a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate the Service. Any use of the Service by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions.
Caliber Fitness does not guarantee any results nor hold any responsibility for the actions of any recommended merchants. This includes, but is not limited to, on time payment of funds, uptime of recommended merchant website nor any other technical or non-technical reason. Caliber Fitness also has the right to change and or remove recommended merchants from its site at any time for any reason without any repercussions from members.
This Agreement and any operating rules for the Website and Service established by Caliber Fitness constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the state of New York, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org.