Terms of Use
Introduction
Welcome to online.compassfitnessdenver.com. This website is owned and operated by Compass Movement & Fitness LLC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any Company Movement & Fitness LLC employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Compass Movement & Fitness LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
i. You agree to indemnify and hold harmless Compass Movement & Fitness LLC and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Membership
Online.compassfitnessdenver.com memberships provide access to content and/or areas of the website granted by their respected membership levels. Active members are allowed unlimited access to content and/or areas of the website associated with their respective membership level.
Memberships can be cancelled within 15 days of purchase by the member, or online.compassfitnessdenver.com if deemed appropriate. Due to the nature of content accessibility, memberships are not entitled to refunds unless deemed appropriate by online.compassfitnessdenver.com.
Privacy
Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Compass Movement & Fitness LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Compass Movement & Fitness LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on online.compassfitnessdenver.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Compass Movement & Fitness LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Compass Movement & Fitness LLC.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Governing Law
This website is controlled by Compass Movement & Fitness LLC from our offices located in the state of CO, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of CO, by accessing our website, you agree that the statutes and laws of CO, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in CO, USA You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, Compass Movement & Fitness LLC LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Hold Harmless Agreement
In consideration of, and as an inducement to, my enrollment and payment of fees to become a member of online.compassfitnessdenver.com, hereinafter referred to as “CF”, I represent and agree to the following:
1. I, hereinafter referred to as “I” or “Member”, have been examined by a licensed physician within the past 6 months and been found by such physician to be in good health and fully able to perform group fitness exercises, which I am to learn and perform during my subscription to CF.
2. I will faithfully follow all instructions given to me by CF Certified Instructors as to when and how to perform group fitness exercises. I understand group exercise activities may expose me to the risk of personal injury, disease, or death and I knowingly and willingly assume such risk.
3. I understand and agree that I will receive instruction in group exercise only and that I hold harmless CF, its employees, officers, directors, and contract trainers for any personal injury, including but not limited to bodily injury, disease, disability, death, humiliation, or consequential loss of any kind arising out of my participation in any CF class, event, or activity. I also understand that not all exercises are suitable for everyone, and to reduce the risk of injury, I will never force or strain during exercise, and will consult a physician immediately upon experiencing any pain or discomfort.
4. In the event that I am pregnant, I will not participate in any of CF’s classes or activities until I have discussed the potential risks to me or my unborn child/fetus with my obstetrician. I agree that I will follow my obstetrician’s recommendations and on behalf of myself, my heir, spouse or other interested party hold harmless CF for any possible injury to myself or my unborn child/fetus. I further acknowledge that pregnant women should not practice twists or any abdominal tightening poses.
5. Member acknowledges that any content hosted on CF is fully protected under the laws of copyright and trademark, and any unauthorized duplication, exhibition, distribution of CF content, or any part thereof, without prior written consent is strictly forbidden by law, including United States federal law, and that violators will be prosecuted to the maximum extent of the law.
6. I acknowledge and hereby affirm that I am at least 18 years of age.
7. Any provision not in conformity with the law of any state or governing body having jurisdiction is hereby severed from this contract and the remaining provisions remain enforceable. Member agrees that any dispute regarding this Agreement will be first tendered by the parties to a member of The American Arbitration Association for resolution prior to filing any lawsuit. Member also agrees, failing a successful arbitration effort, any suit to be tendered will be filed in and under the laws of the State of Colorado.
Hold Harmless Agreement
In consideration of, and as an inducement to, my enrollment and payment of fees to become a student of Compass Fitness, hereinafter referred to as “CF”, I represent and agree to the following:
1. I, hereinafter referred to as “I” or “Student”, have been examined by a licensed physician within the past 6 months and been found by such physician to be in good health and fully able to perform Yoga exercises, which I am to learn and perform during my subscription to CF
2. I will faithfully follow all instructions given to me by CF Certified Instructors as to when and how to perform and not to perform Yoga exercises. I understand the practice of Yoga and group exercise activities may expose me to the risk of personal injury, disease, or death and I knowingly and willingly assume such risk.
3. I understand and agree that I will receive instruction in Yoga theory and exercise only and that I hold harmless CF, its employees, officers, directors, and contract trainers for any personal injury, including but not limited to bodily injury, disease, disability, death, humiliation, or consequential loss of any kind arising out of my participation in any CF class, event, or activity. I also understand that not all exercises are suitable for everyone, and to reduce the risk of injury, I will never force or strain during exercise, and will consult a physician immediately upon experiencing any pain or discomfort.
4. In the event that I am pregnant, I will not participate in any of CF’s classes or activities until I have discussed the potential risks to me or my unborn child/fetus with my obstetrician. I agree that I will follow my obstetrician’s recommendations and on behalf of myself, my heir, spouse or other interested party hold harmless CF for any possible injury to myself or my unborn child/fetus. I further acknowledge that pregnant women should not practice twists or any abdominal tightening poses.
5. Student acknowledges that any content hosted on CF is fully protected under the laws of copyright and trademark, and any unauthorized duplication, exhibition, distribution of CF content, or any part thereof, without prior written consent is strictly forbidden by law, including United States federal law, and that violators will be prosecuted to the maximum extent of the law.
6. I acknowledge and hereby affirm that I am at least 18 years of age.
7. Any provision not in conformity with the law of any state or governing body having jurisdiction is hereby severed from this contract and the remaining provisions remain enforceable. Student agrees that any dispute regarding this Agreement will be first tendered by the parties to a member of The American Arbitration Association for resolution prior to filing any lawsuit. Student also agrees, failing a successful arbitration effort, any suit to be tendered will be filed in and under the laws of the State of Colorado.
Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
info@compassfitnessdenver.com
Compass Movement & Fitness LLC
Denver CO 80210
USA
