Last updated: May 22, 2022
Kaleigh Cohen Fitness LLC, www.kaleighcohen.com and (including but not limited to any Kaleigh Cohen Fitness LLC group or subgroup on Facebook.com, Instagram, and YouTube) is not a forum for the exchange of medical advice, information, or the promotion of self-destructive behavior (e.g., eating disorders, suicide). While you may openly communicate your troubles, you should not look to this Website or Kaleigh Cohen Fitness LLC for advice on such topics. Instead, we recommend that you talk contact a trained medical professional.
The information on this Website and groups affiliated with Kaleigh Cohen Fitness LLC (mentioned above) are provided for educational and entertainment purposes only, and is in no way intended to diagnose, cure, or treat any medical, physical, emotional, or other condition. Always seek the advice of your physician or other qualified medical professional before starting any new diet and/or fitness program and discuss with your doctor any questions you may have regarding a medical condition. In addition to all other limitations and disclaimers in this agreement, service provider and its third party providers disclaim any liability or loss in connection with the content provided on this website.
This Website and any of the services or product sold on, or delivered from, do not provide medical advice or professional nutritional advice.
Results May Vary: Causes for being overweight or obese vary from person to person. Whether environmental or genetic, it should be noted that food intake, rates of metabolism and levels of exercise and physical exertion vary from person to person. This means weight loss results will also vary from person to person. No individual result should be seen as typical. Results will vary.
These statements have not been evaluated by the Food and Drug Administration. Products endorsed or sold on the Website are not intended to diagnose, treat, cure or prevent any physical, medical or mental disease, illness or condition.
Always seek the advice of your physician or another qualified health care provider with any questions you may have regarding a medical condition and/or treatment and before assuming a new health care regimen, and never ignore professional medical advice or delay in seeking it because of something you have read on this Website.
The information, including but not limited to graphics, images, videos, text and other material, contained on or distributed from this Website are for educational purposes only. The content is not intended in any way as a substitute for professional medical advice, diagnosis or treatment.
Kaleigh Cohen Fitness LLC may collect information from you when you voluntarily sign up for e-mails or free information, register for a class or presentation, leave comments on this website or any related website or forum hosted on any platform by Kaleigh Cohen Fitness LLC (including but not limited to any Kaleigh Cohen Fitness LLC group or subgroup on Facebook, Instagram, and YouTube), order a service or product, fill out any type of form, access private membership pages, or otherwise contact Kaleigh Cohen Fitness LLC via an online form or e-mail. The information collected may include your name, e-mail, address, phone number, and/or billing information. You are not required, however, to provide any personally identifiable information to merely access or visit this website.
Kaleigh Cohen Fitness LLC collects such information in order to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee contests and promotions and improve website performance and customer service.
If you want to unsubscribe from receiving e-mails from Kaleigh Cohen Fitness LLC, you may do so at any time. Each e-mail from Kaleigh Cohen Fitness LLC includes instructions for unsubscribing from these e-mail communications.
Kaleigh Cohen Fitness LLC may collect domain information and “cookies” (small files saved on your hard drive by your web browser) to analyze website and advertisement performance, track user patterns, save information from your previous visits and customize your experience. Kaleigh Cohen Fitness LLC or its third-party vendors may collect non-personal information through the use of these technologies.
Third-party vendors include:
Kaleigh Cohen Fitness LLC respects your privacy and will never sell, trade or transfer your personally identifiable information to third parties without your consent.
If you give Kaleigh Cohen Fitness LLC your permission, it may also use personal identification information for internal or external marketing and promotional purposes.
On occasion, Kaleigh Cohen Fitness LLC may collect personal identification information from you in connection with optional contests, special offers or promotions. Kaleigh Cohen Fitness LLC will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. Your participation in the contest, special offer or promotion constitutes your consent to such disclosure and use of such information.
Embedded Content from Other Sites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
Third Party Links
This site does contain links to third party websites. If you click on the link and go to another site then whatever happens to your data or your system on those sites is up to you. We do encourage you to read the privacy policies of these sights before you continue to browse them.
This site makes use of affiliate links which means if you click on the link and purchase an item we may earn a commission at no extra cost to you. When you click on an affiliate link they place a cookie in your browser to track commissions and sales.
For products reviewed on the YouTube channel, blog and in our newsletters, they are reviewed honestly. Some of the product reviews contain affiliate links, which means that when you click on a link and make a purchase through it, we might receive a commission. This is not every link.
Whether or not Kaleigh Cohen Fitness LLC receives an affiliate commission for the promotion of a product, we review all products honestly. If we recommend them to you, you can be assured that we would recommend them to our family and friends.
How Long We Retain Your Data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What Rights We Have Over Your Data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
We do not collect any of the following sensitive data: details about your SSN or similar identification number in your country, race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about genetic or biometric data or data about your criminal convictions or offences. At no time you should submit your sensitive data to this site.
You may see advertising or other content on Kaleigh Cohen Fitness LLC website that links to the sites and services of Kaleigh Cohen Fitness LLCs partners, suppliers, advertisers, sponsors, licensors or other third parties. Any products or services reached through a third-party link are subject to separate privacy policies. Kaleigh Cohen Fitness LLC is not responsible for or liable for any content on or actions taken by such third-party websites. We do not guarantee the content of any advertisement, nor do we inherently support any advertising company.
Kaleigh Cohen Fitness LLC and any products and services offered on any Kaleigh Cohen Fitness LLC media are not intended for persons under the age of 18. Kaleigh Cohen Fitness LLC does not knowingly collect information from anyone under 18 years of age. Kaleigh Cohen Fitness LLC prohibits children under the age of 18 from using all interactive portions of Kaleigh Cohen Fitness LLC, including leaving any comments. Kaleigh Cohen Fitness LLC will not knowingly collect personally identifiable information from children under 18. If Kaleigh Cohen Fitness LLC learns it has any information or content from anyone under the age of 18, it will delete that information.
Online Activities Only
Kaleigh Cohen Fitness LLC is operated in the United Arab Emirates. If you are located outside of the United Arab Emirates, please be aware that any information you provide will be transferred to the United Arab Emirates by using Kaleigh Cohen Fitness LLC, participating in any of Kaleigh Cohen Fitness LLC’s services and/or providing your information, you consent to this transfer.
KALEIGH COHEN FITNESS
TERMS AND CONDITIONS
Last updated: May 22, 2022
Welcome to Kaleigh Cohen Fitness. These terms and conditions are entered into by and between you (individually or on behalf of another person or entity) and Kaleigh Cohen Fitness LLC (including any of its affiliated, parent, subsidiary and affiliated companies and entities, collectively, the “Company,” “Kaleigh Cohen Fitness LLC,” “we,” or “us”).
The following terms and conditions (“Terms”), govern your access to and use of our website located at www.kaleighcohen.com and any and all content, web pages and functionality therein (collectively, the “Product”), as well as the Services offered on or through the Product. By “Services” we mean the Product, providing cycling and strength classes, your ability to download and access such classes, buy merchandise, communicate with Kaleigh Cohen Fitness LLC, and any other services described on the Product, subject to the terms and conditions herein.
Please read the Terms carefully before you start to use the Product or Services.
A. Acknowledgement and Acceptance of Terms
2. You represent that you are at least 18 years of age. By using the Product or registering or using an Account, you represent and warrant that you possess the legal right and authority to accept and agree to be bound to and abide by these Terms, and that you meet all of the foregoing eligibility requirements. “Account” is defined as a user account through the Product to access and use the Services. If you do not meet all of these requirements, you must not access or use the Product.
3. You agree to be financially responsible for your use of the Services by you and to comply with the responsibilities and obligations from such use as stated in these Terms.
4. Unless explicitly stated otherwise, these Terms will govern the use of any new features or account types that enhance or change the current Services, including but not limited to the release of new software and Services.
5. The right to use the Services is specific to you and is not transferable to any other person or entity. For that reason, we require you to provide certain information to access our Services. You are responsible for your own use of the Product and Services, and for ensuring that such use complies
fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your own information.
6. Kaleigh Cohen Fitness shall have the right at any time to change or discontinue any aspect or feature of the Services.
B. Modifications to the Terms
1. We may modify and update these Terms at any time at our sole discretion. The most up-to update version of these Terms shall be available on www.kaleighcohen.com. Such changes, modifications, additions or deletions shall be effective immediately upon issuance of reasonable notice. Reasonable notice may take the form of postings on the Product or on www.kaleighcohen.com, email notifications, conventional mailings, or other commercially viable means. If the amendments are material the Company will also send information regarding the Agreement amendment to the email address you provide to the Company. You are responsible for regularly reviewing the Product to obtain timely notice of such modifications, so you are aware of any changes as they are binding on you.
2. You shall be deemed to have accepted such amendments by continuing use of the Services after amendments have been posted or information regarding the amendments has been sent to you. If you do not agree to the modified Terms, you must discontinue your use of the Product and Services and terminate your Account.
C. Fair Usage Policy & Your Responsibilities
1. These Terms are designed to prevent fraud and abuse of our products and Services. You are solely responsible for your use of our Services. The Company acts as a passive conduit of providing cycling and strength workouts.
2. The following is a non-exhaustive list of practices that would not be considered legitimate use: (a) Sharing your account information with non-subscribers;
(b) Using the Product or Services to harass other Accounts; and
(c) Illegaly downloading the material contained within the Product or Services.
3. Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including but not limited to consumer protection, false advertising, anti discrimination, unfair competition, or export control). You agree:
(a) not to use the Services for any illegal purposes;
(b) not to interfere or disrupt networks connected to the Services;
(c) to comply with any and all applicable regulations, policies and procedures of networks connected to the Services;
(d) not to use the Services to infringe on any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy; (e) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
(f) to comply with any and all applicable laws regarding the transmission of technical data exported from any country through the Services;
(g) not to transmit any material, content or information that encourages conduct that could constitute a criminal offense or give rise to civil liability;
(h) not to use the Services to knowingly transmit misleading or inaccurate caller identification information for any reason; and
(i) not to interfere with another user’s use and enjoyment of the Services.
4. Kaleigh Cohen Fitness may at its sole discretion terminate or suspend its relationship with you, and your use of any Services immediately if it determines that (a) you are using the Services contrary to these Terms or (b) your use may create liability for the Company or compromise or disrupt the Services. Other practices may be relevant in determining legitimate use and the Company reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination.
5. You are responsible for the correct time zone settings on your Account.
D. Service Changes
1. The Company may modify or discontinue any of the Services upon providing notice to you. The Company shall not be liable to you or any third party should the Company exercise its right to modify or discontinue the Services.
E. Reassignment of Usernames
1. You understand and agree that upon termination of your account for any reason, the Company may reassign the username chosen by you to another customer. You agree to waive all claims with respect to such re-assignment, whether based on contract, tort or other grounds, even if the Company has notice of the possibility of damages. You further agree that the Company will not be liable for damages, including but not limited to consequential or special damages, arising out of any such reassignment.
2. You also understand and agree that the Company may on one or more occasions need to change the username assigned to you for any reason outside or within the Company’s control. You agree to waive all claims with respect to any such change in the number assigned to you, whether based on contract, tort or other grounds, even if the Company has notice of the possibility of damages. You further agree that the Company will not be liable for damages, including but not limited to consequential or special damages, arising out of any such change in the number assigned to you.
F. Confidentiality of Your Account and Password
1. You are entirely responsible for maintaining the confidentiality of your Account’s username, password, and other Account information. You may change your password to protect your information after logging into your Account on the Product.
2. You are also entirely responsible for any and all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use of your Account or any other breach of security known to you.
1. YOUR ACCOUNT BALANCE IS DUE MONTHLY AND WILL BE AUTOMATICALLY CHARGED TO THE CREDIT OR DEBIT CARD YOU PROVIDED TO THE COMPANY UNLESS YOU TERMINATE YOUR ACCOUNT IN ACCORDANCE WITH SECTION G. The date on which payment will be automatically debited will be displayed on the “Billing and Usage” section on your dashboard. Until the Services are terminated in accordance with the Company’s termination procedure (see Section H below), you agree and reaffirm that the Company is authorized to charge your designated credit or debit card without further authorization from you. You agree to pay all charges for your use of the Services at the prices in effect. All charges are exclusive of value added tax (VAT), taxes, sales except as required by law. All charges are NON-REFUNDABLE.
2. We may amend the pricing plan on one or more occasion upon providing notice to you. The Company will post pricing plan changes to the Product and send information regarding any changes to your pricing plan to the email address provided to the Company. Your continued use of the Services or non-termination of your Account after such changes are posted and emailed to you constitutes your acceptance of the pricing plan as modified.
3. The Company reserves the right to suspend or terminate your Account without notice upon rejection of any credit or debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to the Company when the Company believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to the Company.
4. You must promptly notify the Company of changes to your billing method, including but not limited to the account number, expiration date, and billing address. You must also promptly notify the Company if your card is canceled. If payment is not received by the Company from your credit or debit card issuer or its agents, you agree to pay all amounts due to the Company.
5. The Company reserves the right to update your credit or debit card details (such as expiration dates), where this is not prohibited by law, to avoid interruptions in the Services. You authorize the Company to obtain updated credit or debit card details and use them to bill you for payment of Services.
6. Failure to use your Account will not be deemed a basis for refusing to pay or seeking a refund for any charges submitted by the Company in accordance with these Terms.
7. THE COMPANY WILL NOT PROVIDE A REFUND FOR TERMINATION OF YOUR ACCOUNT AT ANY TIME.
8. Please note that if you are using the Services from certain locations, you may incur charges from your Internet Service Provider (ISP) or long distance carrier.
9. You agree that for your monthly or annual subscription Accounts, the Company may submit charges for the service fees on a monthly or annual basis, respectively, without further authorization from or notice to you, until you provide prior written notice (in accordance with the termination procedures in Section H or as established or modified by the Company from time to
time at its sole discretion) that you have terminated this authorization or wish to change your designated credit or debit card(s).
10. Contact the Company in writing within 30 days of any charge(s) if you have any questions or concerns regarding such charge(s). Failure to do so within the listed period shall waive your ability to dispute such charge(s).
11. You must obtain and pay for all equipment and third-party services (i.e. Internet access and email service) required for you to access and use the Services.
H. Termination of Account
1. UPON TERMINATION OF YOUR ACCOUNT BY YOU OR THE COMPANY, YOU WILL NO LONGER HAVE ACCESS TO THE PRODUCT OR SERVICES WITH YOUR ACCOUNT.
2. Termination by You
(a) You may terminate your Account at any time, with or without cause, upon notice.
(b) To terminate your Account, you must cancel your billing plan by going to the Billing and Usage section on your dashboard and select the “Cancel Billing Plan” button. You may cancel your billing plan at any time prior to the next scheduled payment. Your Account will then remain active until next scheduled payment would have been due. After you terminate your Account, you will no longer have accessto the cycling and strength classes received with your Account.
(c) If you terminate your Account, you will not be automatically charged for the following months. However, you understand and agree that you will not be refunded for the remaining days in the month in which you are terminating the Account.
3. Termination by the Company
(a) The Company may terminate orsuspend your Account at any time, with or without cause, upon notice. The Company also reserves the right to terminate or suspend your Account without prior notice provided that the Company will attempt to confirm termination or suspension by providing notice after termination or suspension.
(b) In addition, the Company may terminate or suspend your Account without notice upon rejection of any credit or debit card charge(s) if the card issuer seeks return of payments made to the Company that the Company believes you are responsible for or if the Company believesthe Services have been used in a manner not permitted by these Terms or in an unlawful manner. Upon failure to pay, your Account will be placed in suspended status. After five (5) days, your Account will be terminated, and your username will no longer be assigned to your Account. Such termination does not relieve you of your obligation to pay for the Services provided prior to termination.
(c) The Company reserves the right to limit use of the Services or to terminate any Account if we believe unreasonable usage has occurred on such Account or if the Services are used
in a manner that is not permitted by these Terms. Such termination does not relieve you of your obligation to pay for the Services.
(d) The Company reserves the right to take any action it deems necessary, in its sole discretion, with respect to the Services, if the Company believes you or your Account may create liability for the Company, compromise or disrupt the Services for you or other customers or cause the Company to lose in whole or in part the services of the Company’s providers.
I. Third-Party Links or Services
The Services or Product may allow you to access or acquire products, services, promotions, websites, links, content, material, or applications from independent third parties or advertisers. The Company does not endorse any linked websites, services or content provided by third parties. Your use of third party websites or services is subject to the conditions and terms, if any, of those websites or services. Any such communication, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such communication or services, are solely between you and the advertiser. The Company is not responsible or liable to you or others for information, correspondence or services provided by any Third-Parties or your usage of those third-party websites or services.
J. Notices to You and Notices to the Company
1. Notices will be provided by the Company to you via email, phone, mail or by general posting on the Product. In any matter requiring the Company’s prior consent, such consent will be considered provided only if made in the foregoing manner by an authorized representative of the Company.
2. Notices to the Company should be sent by email to firstname.lastname@example.org or by mail to Kaleigh Cohen Fitness LLC, Attn: Kaleigh Cohen, CEO, 2222 W. Grand River Ave, STE A, Okemos, MI 48864. The Company reserves the right to verify your identity through procedures established by the Company in its sole discretion. These procedures may include a requirement that you contact the Company by phone to confirm the notice was sent by you.
K. Agreement to Arbitrate & Class Action Waiver
1. YOU AGREE TO SUBMIT ANY AND ALL DISPUTES OR CLAIMS THAT HAVE ARISEN, OR MAY ARISE, FROM THESE OR PREVIOUS VERSIONS OF THESE TERMS OR POLICY PRIVACY, OR YOUR USE OR ACCESS OF THE PRODUCT OR SERVICES, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, THE ACTIONS OF THE COMPANY, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE COMPANY (COLLECTIVELY, “DISPUTES”) TO FINAL AND BINDING ARBITRATION THROUGH THE AMERICAN ARBITRATION ASSOCIATION (“AGREEMENT TO ARBITRATE”). THIS AGREEMENT TO ARBITRATE SHALL BE GOVERNED BY THE UNITED STATES FEDERAL ARBITRATION ACT, INCLUDING WITHOUT LIMITATIONS THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT TO ARBITRATE. YOU AGREE THAT YOU WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. NOTWITHSTANDING THE FOREGOING, YOU MAY ASSERT AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT. THIS PROVISION DOES NOT PRECLUDE YOU
FROM BRINGING ISSUES TO THE ATTENTION OF GOVERNMENT AGENCIES. THIS AGREEMENT TO ARBITRATE SHALL SURVIVE TERMINATION OF THESE TERMS AND TERMINATION OF YOUR ACCOUNT.
2. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF. You agree that any Disputes against the Company shall only be submitted to final and binding arbitration solely on your own behalf and not as a plaintiff or class member in any purported class, or representative or private attorney general action or proceeding, whether in arbitration or in court. Unless both you and the Company agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Also, the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users. If applicable law precludes enforcement of any part of this Section K as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and the Company’s right to appeal that decision. All other claims shall be submitted to arbitration.
3. ARBITRATION PROCEDURES.
(a) The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules and Commercial Arbitration Rules (as applicable), as modified by the Agreement To Arbitrate under this Section K. The AAA’s rules and forms are available at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of the Agreement to Arbitrate.
All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. If the value of the relief sought is $10,000 or less, you or the Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and the Company subject to the arbitrator’s discretion to require an in-person hearing as established by the AAA rules. In cases where an in-person hearing is held, you and/or the Company may attend by telephone, unlessthe arbitratorrequires otherwise. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusion on which the award is based. The arbitrator is not authorized to award punitive, general, special or other damages not measured by the prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to these Terms.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute (“Notice of Dispute”). The Notice of Dispute to the Company should be addressed to Kaleigh Cohen Fitness LLC, Attn: Kaleigh Cohen, CEO, 2222 W. Grand River Ave, STE A, Okemos, MI 48864. The Notice of Dispute must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If you and the Company are unable to resolve the claims described in the Notice of Dispute
within 30 days after such Notice of Dispute is received, you or the Company may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with
its rules and procedures, the party initiating the arbitration must mail or email a copy of the completed form to the opposing party. Any settlement offer made by you or the Company shall not be disclosed to the arbitrator.
(c) The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulingsin prior arbitrations involving the same user to the extent required by applicable law.
4. COSTS OF ARBITRATION. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate under this Section K. Each party is responsible for their own attorney fees and expenses to the same extent as in court. If you willfully fail to comply with the Notice requirement discussed above, or in the eventthe arbitrator determinesthe claim(s) you assertin the arbitration to be frivolous, you agree to reimburse the Company for filing fees associated with the arbitration.
5. OPT-OUT PROCEDURE. If you are a first time user of our Services, you can choose to reject this Agreement to Arbitrate (“Opt-Out”) by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Noticemust be postmarked no laterthan 30 days afterthe date you acceptthe Terms or use the Services for the first time. You must mail the Opt-Out Notice to Kaleigh Cohen Fitness
LLC, Attn: Kaleigh Cohen, CEO, 2222 W. Grand River Ave, STE A, Okemos, MI 48864. If you opt out of the Agreement to Arbitrate, all other parts of this Agreement will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
(a) If the class action waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then those parts will not be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of this Section K is found to be illegal or unenforceable, that provision will be severed but the rest of this Section K still applies.
(b) Unless you and the Company agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular Dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and the Company must be resolved exclusively by a state or federal court located in Michigan. You and the Company agree to submit to the exclusive jurisdiction of the courts located within Michigan for all Disputes that are heard in court (excluding arbitration and small claims court).
L. Failure to Act
The Company’s failure to act with respect to a breach of these Terms by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches.
M. Disclaimer of Warranties and Limitation of Liability
1. We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Some functionality is subject to delays due to capacity of our infrastructure as well as delays within or beyond the Company’s control.
2. THE COMPANY AND OUR AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES.
3. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARENOT FAULT FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. THE COMPANY RESERVES THE RIGHT TO MAKE THE SERVICES INOPERABLE IN ORDER TO CONDUCT MAINTENANCE AND UPGRADES, AND, DEPENDING ON CIRCUMSTANCES, MAY NOT INFORM USERS IN ADVANCE OF ANY SUCH DOWNTIME.
4. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT CONTENT LOSS WILL NOT OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS OR INTERNET.
5. In addition, to the extent permitted by applicable law, the Company is not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from (whether caused by reasons within or beyond the Company’s control), but not limited to, the following:
(a) the content you provide (directly or indirectly) using the Services;
(b) your use of or your inability to use our Services;
(c) loss of or inability to access account information or any other content or communication; (d) delays or disruptions in our Services;
(e) viruses or other malicious software obtained by accessing or linking to our Services; (f) glitches, bugs, errors, or inaccuracies of any kind in our Services;
(g) damage to your hardware device from the use of any Services;
(h) the content, actions, or inactions of third parties;
(i) a suspension, termination or other action taken with respect to your account; or (j) your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to these Terms or our policies.
6. YOUR USE OF THE SERVICES, PRODUCT AND ALL THE COMPANY SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING OR USE OF FILES OR OTHER MATERIAL (INCLUDING
THE COMPANY SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM THE COMPANY. YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, PRODUCT OR ANY OTHER COMPANY SOFTWARE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY OR ANY SUCH LICENSOR OR SERVICES PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ADDITION, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PRODUCT AND SERVICES AND THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE SERVICES, OR ANY
CONTENT AVAILABLE THROUGH ANY OF THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
7. YOU RECOGNIZE THAT THERE IS AN INHERENT RISK OF INJURY WHEN CHOOSING TO PARTICIPATE IN FITNESS ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF YOU ARE PHYSICALLY FIT AND/OR ADEQUATELY SKILLED TO PARTICIPATE IN THE WORKOUT WITH COMPANY. IT IS ALWAYS ADVISABLE, ESPECIALLY IF YOU ARE PREGNANT, SUFFER FROM AN UNDERLYING MEDICAL CONDITION, TAKE MEDICATION, SMOKE CIGARETTES, HAVE A FAMILY HISTORY OF CORONARY DISEASE, OR HAVE RECENTLY SUFFERED AN ILLNESS, INJURY OR IMPAIRMENT, TO CONSULT A PHYSICIAN BEFORE UNDERTAKING ANY FITNESS ACTIVITY. YOU HEREBY ACKNOWLEDGE ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS, THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS ASSOCIATED WITH FITNESS & EXERCISE, CYCLING ON A BICYCLE, LIFTING DUMBBELLS OR KETTLE BELLS OR USING RESISTANCE BAND BASED EXERCISES AND OTHER EXERCISE EQUIPMENT IN ASSOCIATION WITH THE PRODUCT AND SERVICES. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED REGARDLESS OF THE CARE TAKEN TO AVOID INJURIES. YOU ALSO ACKNOWLEDGE THAT THE SPECIFIC RISKS VARY FROM ONE ACTIVITY TO ANOTHER, BUT RANGE FROM (1) MINOR INJURIES SUCH AS SCRATCHES, BRUISES, BLISTERS AND SPRAINS; (2) MAJOR INJURIES SUCH AS EYE INJURY OR LOSS OF SIGHT, JOINT OR BACK INJURIES, BROKEN BONES, HEART ATTACKS, AND CONCUSSIONS; AND (3) CATASTROPHIC INJURIES INCLUDING PARALYSIS AND DEATH. AT ALL TIMES, YOU SHALL COMPLY WITH ALL STATED AND CUSTOMARY TERMS AND VERBAL INSTRUCTIONS GIVEN TO YOU BY STAFF. YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES OR DAMAGE WHICH ARE SUSTAINED OR AGGRAVATED BY YOU IN RELATION TO THE PRODUCT OR SERVICE.
8. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. KALEIGH COHEN FITNESS IS NOT A MEDICAL PROFESSIONAL AND DOES NOT PROVIDE MEDICAL SERVICES OR RENDER MEDICAL ADVICE. THE SERVICES ARE NOT A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PROFESSIONAL, AND THE INFORMATION MADE AVAILABLE ON OR THROUGH THE SERVICES SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL DECISIONS, OR TO DIAGNOSE OR TREAT A MEDICAL OR HEALTH CONDITION. IF YOU REQUIRE MEDICAL ADVICE OR SERVICES, YOU SHOULD CONSULT A MEDICAL PROFESSIONAL. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND THE COMPANY.
9.THE ENTIRE LIABILITY OF THE COMPANY AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES AND SOFTWARE OR ANY BREACH OF THESE TERMS ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SOFTWARE OR SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S. $500.00. YOU CANNOT RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, GENERAL OR PUNITIVE. EACH PARTY IS RESPONSIBLE FOR THEIR OWN ATTORNEY FEES AND EXPENSES TO THE SAME EXTENT AS IN COURT. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING OR ANY CLAIMS RELATED TO THESE TERMS, THE SERVICES, OR THE SOFTWARE RELATED TO THE SERVICES. YOU HEREBY RELEASE THE COMPANY AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
10. FORCE MAJEURE: NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. THIS INCLUDES WITHOUT LIMITATION, ACTS OF GOD, WAR, GLOBAL PANDEMIC, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATION FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM OCCURRENCE. THE PERFORMANCE OF THESE TERMS SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THESE TERMS.
11. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
You may not assign or transfer these Terms or any rights hereunder, and any attempt to the contrary is void.
If any term or provision of these Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect.
You agree to indemnify and hold harmless the Company, its officers, employees, shareholders and its affiliates and service providers from and against any and all loss, liabilities, claims, damages and expenses (including attorneys’ fees) arising out of claims based upon use of the Product or Services,
including but not limited to any violation of these Terms by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws orregulations. Any exclusion orlimitation of the Company’sliability specified in these Terms, and the indemnification obligations, shall survive the expiration or termination of these Terms. You further release, indemnify, and hold harmless the Company from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Product or Services, and represent that you (a) have no medical or physical condition that would prevent you from properly using the Product or Services, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise.
Q. Intellectual Property
1. Kaleigh Cohen Fitness is a trademark of the Company and may be used publicly only with the written permission from the Company. You agree that your use of the trademark shall be strictly non-commercial and limited to your use of the Services.
2. The content, materials and pages of the Product are copyrighted. You may use only for your personal, non-commercial use as part of the Services. The Product or content or materials provided through the Services may not be copied, reproduced, transmitted, distributed or published without written permission. You agree to prevent unauthorized copying of the Product or content or materials provided through the Services.
R. Entire Agreement