Terms

TERMS AND CONDITIONS

We have created and maintain this website for your benefit, information, education and communication for Clarity Fitness, LLC (the Company). By accessing and/or using this website, you accept, without limitation or qualification, these terms and conditions of use. We reserve the right to change the terms and conditions at our sole discretion without notice. Such changes will be effective immediately upon posting to the website. In the event of any violation of these terms and conditions, we reserve the right to seek all remedies available by law and in equity for such violations. These terms and conditions of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications. Any unauthorized access, modification, or any interference with the availability of or access to this website is strictly prohibited. We reserve all legal rights and remedies available to it and these terms and conditions shall in no way be deemed a limitation or waiver of any other rights we may have. Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control. Unless otherwise indicated, all material on this site have implicit and explicit all rights reserved.

Intellectual Property
The materials contained in this website are copyrighted for Clarity Fitness, LLC and may not be reproduced in any form without the written permission of our company, except as expressly provided in these terms and conditions or in the text on the website. You may download material displayed on the website for non-commercial personal use only, provided you retain all copyright and other proprietary notices contained in the materials. You may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post, or use the content of this website for public or commercial purposes, including, without limitation, the text, images, audio and video, without the express written permission of the Company. We neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with our company. Images of people or places displayed on the website are either the property of, or used with permission by, the Company. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the website are registered and unregistered Trademarks of the Company and other third parties that have authorized the use of such Trademarks on the website. Your use of the Trademarks displayed on the website, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited. You are also advised that our company will aggressively enforce its intellectual property rights to the fullest extent of the law.

Disclaimer
We makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or our computer systems. You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with this website and you agree to hold our company harmless from, and you covenant not to sue us for, any claims for lost data, work delays or lost profits resulting from use of materials or content from this website. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. Use of the website is at the risk of the user. To the extent permitted by applicable law, this website is provided “as is”. Neither the Company nor any other party involved in creating, producing, or delivering the website is liable for any direct, special, incidental, consequential, indirect or punitive damages arising out of access to, or use of, the website including, without limitation, lost profits or revenues, costs of replacement goods, loss of damage to data arising out of the use or inability to use this site, or damages resulting from use of or reliance on the information present, even if our company, or its suppliers have been advised of the possibility of such damages. Without limiting the foregoing, everything on the website is provided without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchant-ability, fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. We do not in any way guarantee the quality, data content, artistic worth, or legality of information, content, goods or services that are transferred, received, purchased, or otherwise made available or obtained by way of this website. We do not warrant that this website will be error-free or that defects will be corrected. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We also assumes no responsibility, and will not be liable for, any damages to, or viruses that may infect, computer equipment or other property on account of your access to, use of, or browsing in this website or your downloading of any materials, data, text, images, video, or audio from the website.

Privacy of User Information
Please see our Privacy Policy for information regarding the collection of personal information from this website. Despite any representations concerning privacy, our company reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

Availability of Products and Services outside of the USA
The information provided at this website is published throughout the internet (web). Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.

Third Party Sites
This website may contain links to third party sites. Such linked sites are not under the control of the Company, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained on any such linked sites. Access to any other Internet site linked to this website is at the user’s own risk. We have not reviewed the sites linked to the website. We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement by the Company of such third party sites or any goods or services offered by such third parties.

User Content
Anything you disclose or offer to us by or through this website (“Communications”), including e-mails to our company or postings on interactive portions of this website, shall be deemed and shall remain the property of the Company. If you send us such Communications, you are providing it to us on a non-confidential basis, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. We are free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby release the Company from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website or the Company, you hereby grant the Company, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation.

Your Account
To access certain features of the Company’s website you may have to create an account. You are responsible for maintaining the confidentiality of your account username and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You are limited to only one account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Clarity Fitness, LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. You must notify Clarity Fitness, LLC immediately of any breach of security or unauthorized use of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Any creation of an account by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms. By using the Site you represent and warrant that you are at least 13 years of age and that you agree to abide by all of the Terms. Anyone between the ages of 13 and 18 may use the Site and create an account only with permission of a parent or guardian.

Liability Release
Participants should fully understand that they may injure myself as a result of participation in this activity and forever waive release and discharge Clarity Fitness, LLC and their respective officers, officials, agents, employees, group fitness instructors, trainers, independent contractors, other participants, and all others acting on their behalf from any liability and medical expenses now or in the future, including but not limited to muscle or ligament tears, strains, sprains, pulls, broken bones, dislocations, joint problems, shin splints, heat exhaustion, knee, back, hip or foot injuries, as well as the potential for heart attack, paralysis or death, however caused, occurring during or after participation in this exercise class, or any activity conducted while in the facility.

All participants must declare themselves to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in this activity. Participants should understand that a medical examination to assure their physical fitness is desirable and obtaining such examination is their own responsibility. Clarity Fitness, LLC and their respective officers, officials, agents, employees, group fitness instructors, trainers, independent contractors reserve the right to determine if a participant should or should not participate in a group class based on any medical information provided that may pose a risk to the participant.

Severability
If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforce-ability of any remaining provisions.

Cancellation and Refund Policy
Classes may be cancelled 6 or more hours before the scheduled class (online only), and reserved online up to 30 minutes before class begins pending availability. Classes are non-refundable and will expire as stated on the website. Classes are not re-instatable unless there is an appropriate reasoning such as death, illness, or injury preventing the client from utilizing the classes purchased. All refunds or class reinstates must be approved by the company owner. Classes purchased with cash are eligible for class credit ONLY – no cash refunds. Any approved refund will be processed as a credit to the credit card used at the time of purchase after the receipt of returned merchandise.  Clarity Fitness, LLC reserves the legal right to collect any and all owed money for classes that have been taken and have not been paid for.

Security Policy
Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, so that it cannot be read over the internet.