These terms and conditions contain a dispute resolution provision that requires individual arbitration and you are not allowed to bring your claims in court, other than on individual basis in small claims court. please see the section, “dispute resolution”.
All content, software, and technology included on the Sites or used in the operation of the Sites is the owned or licensed property of Fusion Fitness or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of Fusion Fitness and protected by U.S. and international copyright laws. Fusion Fitness grants you permission to view and use content, software, and technology made available to you on the Sites in connection with your own personal, noncommercial use of the Sites. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Sites is strictly prohibited.
The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Sites are registered and unregistered Trademarks of Fusion Fitness and others. Nothing on the Sites shall be construed as granting any license or right to use any Trademark displayed on the Sites without the prior written permission of the Trademark owner. Other product and company names mentioned in the Sites may be the Trademarks of their respective owners.
All other intellectual property rights related to the content, software, and technology included on the Sites or used in the operation of the Sites, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Fusion Fitness. Any use of these rights without the prior written permission of Fusion Fitness is strictly prohibited.
Information on the Sites may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. Fusion Fitness reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If Fusion Fitness discovers price errors, they will be corrected on Fusion Fitness’s systems, and the corrected price will apply to your order.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT SUCH USE IS AT YOUR SOLE RISK.
IN NO EVENT SHALL EITHER FUSION FITNESS OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE SERVICES AVAILABLE THROUGH THE SITES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Under no circumstances whatsoever shall Fusion Fitness’s aggregate liability resulting from or relating to your use of the Sites exceed Five Dollars ($5.00).
As a visitor or user of the Sites you shall not:
limited period of time, as determined by Fusion Fitness in its sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
By the Post of User Content to the Sites, you represent and warrant that
If you are a registered user of any of the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Fusion Fitness reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.
You authorize Fusion Fitness and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Sites. You represent and warrant that you are the only one who will make payments in connection with the Sites, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Fusion Fitness are nonrefundable.
You are responsible for compliance with applicable laws.
Any and all questions, comments, suggestions, and similar materials or information that you send or submit to Fusion Fitness or a third party provider on the Sites, by a Post or otherwise (collectively, “Submissions”), shall become Fusion Fitness’s property; and you hereby transfer, sell, and assign to Fusion Fitness all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Fusion Fitness has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Fusion Fitness shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
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