Terms & Conditions

TERMS AND CONDITIONS OF USE OF CONDUITFITNESS.COM

Last Modified MAY 3, 2020

DECLARATIONS. This is a legally binding agreement (the “Agreement”). By using the Internet site located at https://conduitfitness.com or https://www.conduitfitness.com (“Site” or “Services”) or any services provided in connection with the Site, you acknowledge that you have read, understand, and agree to abide by these Terms of Use, as they may be amended by Conduit Fitness, LLC (“Company”) from time to time. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated.

1. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. For information on how Company gathers and uses information from website visitors, please review Company’s current privacy policy. Company’s privacy policy is expressly incorporated into this Agreement by this reference.
    
2. GOVERNING LAW. This Agreement will be construed in accordance with, and governed by, the laws of the State of Ohio, and the federal laws applicable therein. You hereby consent to the exclusive jurisdiction of the courts of Cuyahoga County with respect to any matter arising under or related to this Agreement.
    
3. SITE USE. The Site is provided solely for personal, non-commercial use. Downloading or copying the materials on this Site is permitted for personal use. Any commercial use of the Site and/or its contents is strictly prohibited. This is a limited license and not a transfer of title. This Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, modified or otherwise used for any commercial purpose without the prior written consent of Conduit Fitness, LLC.
    
4. MEDICAL DISCLAIMER. You expressly acknowledge and agree that Company and this Site do not provide medical advice and are not a substitute for professional medical diagnosis, treatment or advice, or a medical examination. Prior to participating in any exercise, program, workout, training, challenge, or use of any exercise, program, workout, training, or challenge discussed on the Site, or if you have any questions regarding a medical condition, seek the advice of a qualified medical provider.
    
   You understand that there is an inherent risk in any exercise that, while providing some health benefits, can cause unknown health issues. You accept and assume all such risks, dangers and hazards of participating in any exercise, program, workout, training, or challenge provided by Company or discussed on the Site, and take full responsibility for your own actions, safety and welfare.
    
   Never disregard professional medical advice or delay in seeking it because of something you have read on the Site or any materials received in connection with the Site. If you think you may have a medical emergency, call your doctor or 911 immediately.
    
5. NO WARRANTIES. Company hereby disclaims all warranties. This Site, including all its content, is provided to you “as is” and without warranty or representation of any kind either express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, security, completeness or reliability. You assume the risk of any and all damage or loss resulting from, directly or indirectly, your use of or inability to use the Site or the Service. Company does not warrant that the Site or the Service will meet your requirements or that the operation of the Site or the Service will be uninterrupted or error-free.
    
6. LIMITED LIABILITY. Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall company be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, regardless of the foreseeability of those damages) arising out of or in connection with your use of the Site or any other materials or services provided to you by Company. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action, and even if Company has been advised of the possibility of such damages. This limitation includes, but is not limited to, personal injury, including death and disability as well as damages to personal property. In the event any claim relating to the performance or non-performance of Company pursuant to these Terms of Use, or in any other way concerning this Site, is made by you, the actual damages to which you may be entitled shall be limited to the fees, if any, paid by you for use of the Site.
    
7. AFFILIATED SITES. Though Company’s website may contain links to other sites, these links are for informational purposes only. Company has no control over, and no liability for any third-party websites or materials. Because neither Company nor the Site has control over the content and performance of these third-party sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content and items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third-party content.
    
8. INDEMNIFICATION. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
    
9. COPYRIGHT. All contents of Site or Service are: Copyright © 2016 Conduit Fitness, LLC, 4037 West 219th Street, Fairview Park, OH 44126. All rights reserved.
    
10. SEVERABILITY. If, for whatever reason, any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be changed in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable; if not possible, the offending provision will be stricken, and the remainder of the provisions of this Agreement shall continue in full force and effect and in no way be affected, impaired or invalidated as a result.
     
11. WAIVER. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
     
12. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
     
13. UNITED STATES USE ONLY. The Site is controlled and operated by Company from its offices in the state of Ohio. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this Site consists of individuals in the United States only. Company makes no representation that any of the materials of the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Ohio and the United States.