Terms of Use

Effective Date: November 15, 2020

Becausefitness.com

Because Fitness web sites located at becausefitness.com or because.fitness (the “Sites”) are available for the use and benefit of our members and visitors. By using the Sites you agree to be bound by the Terms of Use below. Use of Sites is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must not use the Sites.

These Terms of Use apply to your access to and use of the Sites and do not alter in any way the terms and conditions of any other agreement you may have with Because Fitness, unless otherwise directed by Because Fitness. If you breach any of these terms and conditions, your authorization to use the Sites automatically terminates and you must immediately discontinue use of the Sites.

Collection of Visitor Information

Any information collected at the Sites is governed by our Privacy Policy, unless otherwise stated. To access and use certain services available through the Sites, you may be required to register through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

Disclaimer of Warranties

The Sites and all content, materials, products and services available through the Sites are provided on an “as is, with all defects” and “as available” basis without warranties of any kind, express, implied, statutory or otherwise. Because Fitness disclaims all warranties, express or implied, including without limitation, warranties of title, non-infringement, and implied warranties of merchantability, Fitness for a particular purpose, satisfactory quality, accuracy of informational content, and any warranties arising out of any course of dealing or usage of trade. Because Fitness makes no representation that the Sites or any content is free from errors, viruses, bugs, or other harmful components. Because Fitness makes no representation or warranty that content provided on the Sites is applicable or appropriate for use in locations outside of the United States. Nothing in these Terms of Use or in any oral or written description of the Sites will constitute a representation or warranty with respect to the Sites.

You acknowledge, by your use of the Sites, that such use is at your sole risk.

Limitation of Liability

In no event shall either Because Fitness or its agents or employees be liable for any incidental or consequential damages which arise from Because Fitness’s failure to perform any aspect of the Sites services in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Because Fitness or a third party. Furthermore, Because Fitness disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use.

Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Because Fitness’s liability is limited to the full extent permitted by law. Under no circumstances whatsoever shall Because Fitness’s aggregate liability resulting from or relating to your use of the Sites exceed Five Dollars ($5.00).

Indemnification

You agree to defend, indemnify and hold harmless Because Fitness and its contractors, agents, employees, and affiliates from any loss, liability, damages or expense, including reasonable attorneys’ fees, resulting from any third party claim, action, proceeding or demand related to your use of the Sites, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Changes to Terms of Use

Because Fitness may revise these Terms of Use at any time without notice. Any use of the Sites following the date on which changes to these Terms of Use or the Privacy Policy are published on the Sites shall constitute your acceptance of all such changes. You expressly agree that Because Fitness shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

Your Account

If you are a registered user of any of the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because Fitness reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.

General Provisions

English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.

Any failure by Because Fitness to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

These terms shall be governed by, and construed in accordance with the laws of the Commonwealth of Pennsylvania.

If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Use of the Sites is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of the Sites is unauthorized in any jurisdiction where all or any portion of the Sites may violate any legal requirements and you agree not to access the Sites in any such jurisdiction.

You are responsible for compliance with applicable laws.

Submissions

Any and all questions, comments, suggestions, and similar materials or information that you send or submit to Because Fitness or a third party provider on the Sites, by a Post or otherwise (collectively, “Submissions”), shall become Because Fitness’s property; and you hereby transfer, sell, and assign to Because Fitness all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Because Fitness has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Because Fitness shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

Contact

For questions or comments related to the Sites or these Terms of Use, please email us at privacy@becausefitness.com.