Welcome to Simply Fitness TX (hereinafter, "SF"). You must agree to the following terms of use in order to proceed and utilize the information provided on this website. Please review the following terms carefully, as they govern the relationship between you and the Company. If you do not agree to these terms, you may not open an account with this website, and you should not continue through the registration process.

 

Acceptance of Agreement: You hereby agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to the SF website. This Agreement constitutes the entire and only agreement between you and Company, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the content posted on the website, the marketing copy of the website, all products or services provided by or through the website, and the subject matter of this Agreement. This Agreement may be amended at any time, from time to time, by SF without specific notice to you. The latest Agreement will always be posted on the website, and you should review this Agreement prior to using the website, each and every time you visit and/or use the website.

 

PRIVACY POLICY.  SF respects your privacy and permits you to control the treatment of your personal information. Your email and other personal information is used for the sole purpose of delivering information about Simply Fitness and SF services. Your email address or other personal information will never be shared or sold to any outside party.

 

Legal Disclaimer & Release: The information provided on the SF website is designed to help and assist you to make informed decisions about your health. It is not intended as a substitute for the advice or treatment that may have been prescribed by your physician or any other health care providers. You should always consult your physician prior to participating in any exercise or diet program.

 

This website provides SF's opinion in regards to the subject matter contained herein. You agree that your participation in the SF programs is at YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY SF, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES OR INJURIES ARISING FROM YOUR USE AND APPLICATION, EITHER DIRECTLY OR INDIRECTLY, OF ANY ADVICE, INFORMATION, ACTIVITIES OR METHODS PRESENTED WITHIN THE SITE.

 

THE INFORMATION FROM OR THROUGH THE WEBSITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SF, ITS OFFICERS AND EMPLOYEES, AND AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SF AND YOU. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

Before following any of the SF information, programs, or recommendations you agree to consult with your physician and get a physical examination from your physician, especially if you are considered to be at risk for potential problems resulting from an exercise program and/or making changes in your diet.

 

By using the SF website, you understand and agree that you are solely responsible for the way that the information on the SF website is perceived and utilized, and do so at your own risk. In no way will you hold SF, nor any of its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, or suppliers responsible for any injuries or problems that might occur due to your use of this website or the advice contained within.

 

Notwithstanding the foregoing or following paragraphs, the total liability of SF and its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, or suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of the SF website are hereby excluded even if SF or its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, or suppliers, have been advised of the possibility of such damages.

 

CONSENT TO RECEIVE EMAIL. You hereby consent to receive periodic email communications from SF regarding customer service issues, regular SF content, new product offers and other matters.

 

WAIVER OF LIABILITY.  In consideration for being allowed to participate in the Simply Fitness TX fitness programs which I do freely and voluntarily for my own personal benefit, I hereby agree on behalf of myself, my executors, heirs, next of kin, successors, and assigns to the following: waive and release from any and all liability Simply Fitness TX, A-Team Fitness, and its affiliates and subsidiaries and their respective officers, directors, partners and employees, and any other related party to the before mentioned, including but not limited to my disability, personal injury, property damage, property theft, death, or actions or inactions of any kind which may hereafter accrue to me and to indemnify and hold harmless Simply Fitness TX, A-Team Fitness, and its affiliates and subsidiaries and their respective officers, directors, partners and employees, and any other related party to the before mentioned from any liabilities, actions, lawsuits, or claims made by other individuals or entities as a result of or relating to my participation in this activity. I understand and agree that I am in good health and that it is my sole responsibility to seek out a medical release if I have any condition that would keep from me from performing the exercise programs offered by Simply Fitness TX.

 

OVER 18 YEARS OLD. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

 

Membership Agreement: Those who become SF members will receive a password that provides full access to all of the information presented within the SF website and consulting from all of SF's personnel. Only registered SF members have permission to view and print any and all of the information provided within the SF website. Members, or anyone otherwise, may not loan, rent, lease, or otherwise transfer the information to another person without the written permission of SF.

 

The entire contents of the SF website are copyrighted under the laws of the United States and other copyright laws. You agree to comply with all copyright laws intellectual property rights or negligent or wrongful conduct by you or any other person accessing SF using your membership password.

Miscellaneous: This Agreement shall be treated as though it were executed and performed in Dallas, Texas, and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles). Any cause of action by you with respect to the website (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in above. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought exclusively and solely in the State District Courts of Collin County, Texas. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. SF's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

 

Security: The SF website takes every precaution to protect all of our members' information. When users submit personal, sensitive information via the SF website (such as a credit card or phone number), your information is protected both on- and off-line. This personal, sensitive information is encrypted and protected with the very best encryption software in the industry. So, when submitting your personal and payment info on the SF website, please feel comfortable and confident that your information is safe and secure.

 

We also do everything in our power to protect our members' information off-line as well. All of our members' information is restricted in our offices. Only employees who need the information to perform a specific task (i.e billing, refunds, or customer service) are granted access to personally identifiable information.

 

Furthermore, all SF employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our members' information is protected.

 

The Effective Date of these Terms & Conditions shall be January 1, 2015.