Last Updated: August 13, 2023
Welcome to https://www.personaltrainersbusinessincubator.com/ ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website https://www.personaltrainersbusinessincubator.com/ (the "Website"). By accessing or using the Website, you agree to these Terms. If you do not agree with these Terms, please do not use the Website.
Therefore, the parties agree as follows:
1. Acceptable Use
1.1 You agree to use the Website in accordance with all applicable laws and regulations and to only engage in lawful and appropriate activities.
1.2 You shall not use the Website for any purpose that is unlawful or prohibited by these Terms.
2. User Accounts
2.1 In order to access certain features of the Website, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
2.2 You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2.3 We reserve the right to suspend or terminate your account and access to the Website if you violate these Terms or engage in any fraudulent, abusive, or otherwise harmful behavior.
3. Intellectual Property
3.1 The content on the Website, including but not limited to text, graphics, images, videos, and software, is protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of such content without our explicit permission.
3.2 All intellectual property including but not limited to videos, logos, tradenames, are owned exclusively by the Company, and no use in this website shall imply any licensed of any kind.
4. User Content
4.1 You may have the opportunity to contribute content to the Website, such as comments, reviews, or other submissions ("User Content"). By submitting User Content, you grant us a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, distribute, display, and modify your User Content for the purposes of operating and promoting the Website.
4.2 You agree that your User Content will not infringe upon or violate the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights.
5. Disclaimer of Warranties
5.1 The Website is provided "as is" and "as available" without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
6. Limitation of Liability
6.1 To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Website; (b) any conduct or content of any third party on the Website.
7. Links to Third-Party Sites
7.1 The Website may contain links to third-party websites or services that are not owned or controlled by us. We do not endorse or assume any responsibility for the content, privacy practices, or activities of third-party websites. You access and use such third-party websites at your own risk.
8. Indemnification
8.1 You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in connection with your use of the Website or any violation of these Terms.
9. Notice and Communications
9.1 We may communicate with you through email, website notifications, or other means. You agree to receive electronic communications from us and acknowledge that such communications satisfy any legal requirement that communications be in writing.
10. Severability
10.1 If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue to be in full force and effect.
11. Entire Agreement
11.1 These Terms constitute the entire agreement between you and us regarding your use of the Website and supersede all prior and contemporaneous agreements, understandings, or representations.
12. Waiver
12.1 Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision.
13. Arbitration and Class Action Waiver
13.1 Any dispute arising out of or relating to these Terms or your use of the Website shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in Las Vegas, and you hereby submit to the exclusive jurisdiction of the state and federal courts located in Nevada for the enforcement of any arbitration award.
13.2 You waive any right to participate in or bring a class or collective action lawsuit, class arbitration, or any other representative action regarding any claim, dispute, or controversy arising out of or relating to these Terms.
14. Governing Law
14.1 These Terms shall be governed by and construed in accordance with the laws of Nevada, without regard to its conflict of law principles.
15. Changes to these Terms
15.1 We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective upon posting to the Website. Your continued use of the Website after such changes constitutes your acceptance of the new Terms.
16. Contact Us
If you have any questions or concerns about these Terms, please contact us at sebastian@founderscounsel.com