Please read this agreement carefully before accessing or using the information and services provided by or through Susan Hoff Fitness, LLC (“Susan Hoff Fitness”) at http://susanhoff.fitness/ and its affiliated sites (“Sites”) and emails or other information generated or provided as a result of the use of these sites (together, the “Service”). By accessing or using the Service, You agree to be bound by this Agreement and these Terms of Service. Susan Hoff Fitness, LLC (“Susan Hoff Fitness” or “We”) provides the Service to You, the User, conditioned on your acceptance of the terms, conditions and notices contained herein. Your use of the Service constitutes your agreement to all such terms, conditions and notices. These Terms of Service apply to information you have received from the Service in the past and may receive in the future.
The Service is provided with the understanding that neither Susan Hoff Fitness nor its representatives are engaged in rendering medical, legal, or other advice. Your use of the Service is subject to the additional disclaimers and notices that may appear throughout the Sites or otherwise be provided through the Service, and your right to access and use the Sites and the Service is expressly conditioned upon your acceptance of and agreement to the Susan Hoff Fitness Limitation of Liability Agreement on the next screen. If you do not accept these Terms, you may not use the Service.
Susan Hoff Fitness and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on these Sites. While Susan Hoff Fitness strives to keep the information on these Sites accurate, complete and up-to-date, Susan Hoff Fitness and its representatives cannot guarantee, and will not be responsible for any direct, indirect, or consequential damage or loss related to, the accuracy, completeness or timeliness of the information.
WHO CAN USE THIS SERVICE?
You may use the Service if you are 18 years of age or older and are not barred from receiving the Service under applicable law.
We may decline to provide you with the Service in our sole discretion, at any time and without notice or liability to you.
CONSULT YOUR DOCTOR BEFORE USING THE SERVICE
The Sites and Service are not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Sites and Service, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using the Sites and Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about or use through the Sites or Service. If you engage in any exercise program you receive or learn about through the Sites or Service, you agree that you do so at your own risk and are voluntarily participating in these activities.
COMMUNICATIONS WITH YOU
We may need or desire to contact you about the Service, your use of the Service, or for other reasons including offering additional goods or services. Communications about the Service are part of the Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings. By using the Service, you agree that we may contact you for any and all purposes, including offering you additional goods and services.
CONSENT TO RECEIVE TELEMARKETING CALLS & TEXTS
By agreeing to and accepting this Agreement and these Terms of Service, you authorize us and our affiliates to deliver to you, at the telephone, cellphone, or email address(es) you provide, telemarketing calls, emails and texts and informational calls, emails and texts. YOU UNDERSTAND THAT YOU ARE NOT REQUIRED TO AGREE TO BE CONTACTED AS A CONDITION OF PURCHASING ANY PROPERTY, GOODS OR SERVICES. You can request to not be contacted by us or our affiliates by emailing Info@susanhofffitness.com.
ASSUMPTION OF RISK AND LIABILITY RELEASE AGREEMENT
The Service provided by Susan Hoff Fitness may involve certain risks to participants. Click here to read our Assumption of Risk and Liability Release Agreement. You hereby agree to all terms, conditions and notices contained in that agreement.
YOUR PERSONAL AND NONCOMMERCIAL USE OF THE SERVICE
The Service is intended for your personal, non-commercial use. The Sites and Service will be provided 24-hours a day, 7 days a week, subject to their unavailability for updating, maintenance or repair as determined to be necessary in our sole discretion, at any time, and without notice or liability to you, or as results from circumstances, conditions or conduct beyond our control.
Susan Hoff Fitness grants you a limited, non-exclusive, non-transferable, non-sublicensable license during the term of this Agreement to (1) access and view the Sites, and (2) access and use the Service. This license is provided solely for your personal use and enjoyment of the Service as permitted in these Terms. You may access, download, print, copy and distribute and modify materials solely as necessary to use the Service. You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any portion of the Sites or the Service, or any information from the Sites or the Service except as expressly permitted in these Terms or separately in writing by Susan Hoff Fitness. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Service or its licensors, except for the licenses and rights expressly granted in these Terms.
When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password protected, secure or non-public areas of the Web Sites without our prior written permission You will comply with all privacy laws.
NO UNLAWFUL OR PROHIBITED USE
You may not use the Sites or Service in any manner that violates applicable law or is prohibited by these Terms. Susan Hoff Fitness and other logos, product and service names used on the Sites and in relation to the Service are trademarks and service marks owned by or licensed to Susan Hoff Fitness or its affiliates (the “Marks”).
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Sites or Service: (1) use, display, mirror or frame the Sites or Service or any individual element within the Sites or Service, our name, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent; (2) access or tamper with non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (3) test the vulnerability of any of our systems or breach any security or authentication measures; (4) circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Sites or Service; (5) access the Sites or Service through the use of any mechanism other than through as authorized; (6) destroy, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that we provide to you or any other part of the Sites or Service; (7). engage in the practices of screen scraping, data mining or any other bulk information gathering in connection with the Sites or Service; or (8) use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on the Sites or accessed through the Service.
We are not obligated to monitor access or use of the Service or the Sites, or Your Content (see “Use of Submissions” below), but we have the right to do so for the purpose of operating the Sites and Service, to ensure compliance with this Agreement and these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Service, or any of the Sites, at any time without notice, and at our sole discretion, at any time and without notice or liability to you, if we determine that the Service or your use of the Sites or Service is objectionable or in violation of this Agreement or these Terms. We have the right to investigate violations of this Agreement and these Terms and any conduct that affects the Service.
If you violate any of this Agreement or these Terms, your permission to use the Sites and the Service automatically terminates.
All materials and information (including any text, graphics, images, music, software, audio, video, works of authorship of any kind, and materials or other information that are posted, generated, provided or otherwise made available through the Service to you) on the Sites (as well as the organization and layout of the Sites) or that can be accessed through the Sites or Service (other than that information and those sites accessible through hyperlinks to external or unaffiliated sites) are owned and copyrighted, licensed by, or used with permission that is granted to Susan Hoff Fitness and are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. No reproduction, distribution, or transmission of the copyrighted materials at these Sites is permitted without the prior written permission of Susan Hoff Fitness. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
Full use of the Sites and Service requires that you create an account by providing us with a valid email address and password. If you use the Sites or Service, you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activity that occurs in association with your account, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the Sites is terminated, you will (i) immediately notify Susan Hoff Fitness, (ii) cease using the Sites and Service, and any information obtained from the Sites and Service, and (iii) destroy all copies of your account information, password and any information obtained from the Sites or Service.
We are not liable for any loss or damages caused by a failure to maintain the confidentiality of your account credentials.
Susan Hoff Fitness reserves the right to deny use of the Sites and the Service to anyone, and in its sole discretion, at any time and without notice or liability to you or anyone else.
MEMBERSHIP FEES AND CANCELLATION
Membership fees are not refundable. Memberships and rights of membership are not transferable and only you are authorized to use your membership.
You may cancel your membership at any time (but no refund will be provided on programs already purchased). Notice of your intent to cancel shall be given by sending a notice of cancellation to either of the following addresses: Info@susanhofffitness.com
Susan Hoff Fitness members will receive a password that provides access to Members Only areas of the Sites. The Susan Hoff Fitness membership password is strictly confidential and can only be known and used by the registered member. Anyone who shares or reveals their membership password is violating the Terms and this Agreement. This will result in an automatic termination of membership and violators may be subject to fees incurred for the restoration of the Sites or the Service, and/or criminal charges.
This Agreement includes your permission to collect payments on a recurring, monthly basis until you cancel your subscription to the Service. Your subscription to the Service will begin upon your execution of this Agreement and the making of the first monthly payment. Your subscription will automatically renew each month, and you authorize us to charge your credit or debit card using the credit or debit card information you provide continuously for each month thereafter, until you cancel your subscription. The recurring charges that will be charged to your credit or debit card or payment account with a third party as part of the automatic renewal plan will be the same each month as the amount of the charge for the initial month, although the amount of the charge may change if you request additional or different services, or if the charge for the monthly subscription changes, in which case we will give you notice in accordance with the Terms. You may cancel this auto-renewal feature of your subscription, and the Service, by mailing, emailing, or delivering a signed and dated notice that states that you are canceling this Agreement, or words of similar effect to Susan Hoff Fitness, LLC at email@example.com. When you cancel, your right to access to the Sites and the Service will terminate immediately.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THESE SITES AND THE SERVICE IS AT YOUR SOLE RISK. THE SITES AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Sites or Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Service or our Content. You acknowledge and agree that if you rely on the Sites or the Service, you do so solely at your own risk.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SUSAN HOFF FITNESS, LLC, AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND ITS AFFILIATES INVOLVED IN THE DEVELOPMENT, PRODUCTION OPERATION OR DELIVERY OF THE SITES AND THE SERVICE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR SUBSTITUTE SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE SITES OR THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITES OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR AFFILIATED WITH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITES OR THE SERVICE, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID FOR USE OF THE SITES OR THE SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
You will indemnify and hold harmless Susan Hoff Fitness, LLC and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Sites or the Service, (ii) Your Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
LINKS TO THIRD PARTY SITES
USE OF SUBMISSIONS
For any photos, comments, testimonials, or other content or information you provide to the Sites or the Service (“Your Content”), you retain all rights to Your Content. However, by making Your Content available on or through the Sites or the Service or submitting it to us in any manner, you grant Susan Hoff Fitness a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, distribute, publicly display, publicly perform and distribute Your Content in connection with operating and providing the Sites and Service.
You are responsible for Your Content. By submitting or providing Your content to us, You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You also agree that Your Content will comply with the following community guidelines:
- Be respectful of the opinions of others. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
- Do not post profane or explicit content.
- Do not post profile pictures that might be considered inappropriate.
- Do not post communications that could be interpreted as threatening or harassing.
- Do not post, advertise, or promote products or services commercially.
CHANGES TO TERMS AND SITES
These Terms and Sites are expected to change over time for a variety of reasons. We may make changes in these Terms and this Agreement and the information, services, products, and other materials provided on these Sites, or terminate these Sites or the Service at any time. We may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on this website. Accordingly, you agree to review the Agreement periodically, and your continued access or use of these Sites shall be deemed your acceptance of the modified Agreement.
We will notify you by email, or by presenting you with new Terms to accept if we make a modification that materially changes your rights. By using the information and services offered on the Sites and through the Service after a modification is posted, you are telling us that you have accepted and agreed to the modified Terms and Agreement.
We may change or discontinue, temporarily or permanently, any feature or component of the Sites or Service at any time without notice. We are not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Sites or Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed without prior notice to you.
You agree that any dispute between you and Us arising out of or relating to these Terms and Agreement, the Sites or the Service, (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the Dispute informally by contactingInfo@susanhofffitness.com. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or we may bring a formal proceeding.
We Both Agree To Arbitrate: You and we agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contactingInfo@susanhofffitness.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the San Francisco, California, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. We will pay all arbitration fees for claims less than $75,000. However, the arbitrator may determine whether such fees shall be reallocated to you if your claim is frivolous. No party shall be entitled to recover their attorneys’ fees.
Exceptions to Agreement to Arbitrate: Either you or we may assert claims, if they qualify, in small claims court in Napa County, California. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Sites or Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with us on an individual basis, and may not bring, and hereby waive any right to bring, a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and we agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Napa County, California. Both you and we consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial, to the extent such a waiver is enforceable in the state where you live.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or the Service must be filed within one (1) year after such claim or cause of action arose or will be forever barred.
Except as otherwise stated herein, these Terms and Agreement constitute the entire and exclusive understanding and agreement between you and us regarding the Sites and Service, and these Terms and Agreement supersede and replace any and all prior oral or written understandings or agreements between you and us regarding the Sites and Service. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms or Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms and Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms and Agreement, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Sites and Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms or Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Susan Hoff Fitness does not consider this Agreement to be a health studio services contract. Nevertheless, performance of the Service will begin within six months after the date this Agreement is entered into. You may cancel the contract and receive a pro rata refund if the Sites or the Service are not provided within six months after the execution of this Agreement or within 10 days after the Sites and the Service are first provided to you.
“You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to Susan Hoff Fitness, LLC atInfo@susanhofffitness.com
The initial length of the term of this Agreement is one (1) month
By entering today’s date and clicking “I Accept,” you have accepted the terms of this Agreement and the liability waver.