This agreement is in effect as of January 1, 2014.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct, Waiver of Liability, Assumption of Risks, and Indemnification and Hold Harmless Agreement:
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Materials’), you agree to use these Materials only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
- Waiver: In consideration of using our website resources and exercise instruction including but not limited to special training sessions in Pilates, Cardio, Aerobics, Weight Work, Stretching, Ballet, Yoga, Resistance and Strength, Nutritional Advice, Cooking/ Nutritional Classes and all other services of I’m Fit & Happy (herein after referred to as “CardioCore6”), you, your heirs, personal representatives or assigns, (herein after referred to as “You” and “Your”) do hereby release, waive, discharge, and covenant not to sue CardioCore6, and/or their owners, directors, officers, employees, and agents from liability from any and all claims including the negligence of CardioCore6 resulting in personal injury, humility, accidents or illnesses (including death), and financial loss arising from, but not limited to, participation in activities, training sessions, observation, workout videos, use of fitness equipment and suggested health and fitness products and recipes.
- Assumption of Risk: Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. CardioCore6 provides services and activities such as weight lifting, aerobic activities, hiking, walking, running, cooking/nutritional classes, Pilates, yoga, dance and stretching. Some of these involve strenuous exertions of the cardiovascular system and muscular strength using various muscle groups. In addition, you fully understand that at any time during the physical activity, CardioCore6 may make suggestions to improve your fitness program, correct your form and improve your technique. If you wish to not adhere to these suggestions, you will inform CardioCore6 or will not take part in the services provided by CardioCore6. You will never force or strain during exercise, and will consult a physician immediately upon experiencing any pain or discomfort. You have read the assumption of risk section and you know, understand, and appreciate these and other risks that are inherent in the activities, services and suggestions made possible by CardioCore6 and hereby assert that your participation is voluntary and that you knowingly assume all such risks.
- You have been examined by a licensed physician within the past 6 months and been found by such physician to be in good health and fully able to exercise, which you are to learn and perform during my membership to CARDIOCORE6.
- In the event that you are pregnant, you will not participate in any of CARDIOCORE6’s classes or activities until you have discussed the potential risks to you or my unborn child/fetus with my obstetrician. You agree that you will follow your obstetrician’s recommendations and on behalf of yourself, your heir, spouse or other interested party hold harmless CARDIOCORE6 for any possible injury to yourself or my unborn child/fetus. You further acknowledge that pregnant women should not practice twists or any abdominal tightening poses.
- You acknowledge and hereby affirm that you are at least 18 years of age. If you are under 18 years old, we require a parent or legal guardian to read and accept these terms and conditions by clicking the box provided below.
- You acknowledge that any content hosted on imfitandhappy.com is fully protected under the laws of copyright and trademark, and any unauthorized duplication, exhibition, distribution of CARDIOCORE6 content, or any part thereof, without prior written consent is strictly forbidden by law, including United States federal law, and that violators will be prosecuted to the maximum extent of the law.
- Indemnification and Hold Harmless: You also agree to INDEMNIFY AND HOLD CardioCore6 HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account, brought as a result of your involvement with CardioCore6 and to reimburse CardioCore6 for any such expenses incurred. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
- Severability: Any provision not in conformity with the law of any state or governing body having jurisdiction is hereby severed from this contract and the balance shall, notwithstanding, continue in full legal force and effect. You agree that any dispute regarding this Agreement will be first tendered by the parties to a member of The American Arbitration Association for resolution prior to filing any lawsuit. You also agree, failing a successful arbitration effort, any suit to be tendered will be filed in and under the laws of the State of California.
- In order to access our Materials, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Materials. You agree that any information you provide will always be accurate, correct, and up to date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Materials. Accordingly, you are responsible for all activities that occur under your account/s.
- Accessing (or attempting to access) any of our Materials by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Materials through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Materials, including the servers and/or networks to which our Materials are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Materials is strictly prohibited.
- You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on our website, such as blog comments, blog posts, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit languages
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any http://www.imfitandhappy.com/ employees or representatives.
- We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- You agree to check with your doctor and have it cleared before beginning any new exercise or diet program. CardioCore6 is not a doctor or registered dietician, the services provided by CardioCore6 are opinion based and they do not claim to diagnose, treat, or cure any cause, condition or disease. All suggestions provided are for informational purposes only; they are not to be confused with medical advice. Always communicate with your doctor to make any decisions or changes regarding your health, as your doctor is the only one who knows what is right for you.
CardioCore6 memberships provide access to content and/or areas of the website granted by their respected membership levels. Active members are allowed unlimited access to content and/or areas of the website associated with their respective membership level.
Memberships can be cancelled at anytime by the member, or CardioCore6 if deemed appropriate. If canceled, memberships will be terminated immediately and billing will cease the following billing cycle. Monthly memberships are billed on a monthly cycle. Due to the nature of content accessibility, memberships are not entitled to refunds unless deemed appropriate by CardioCore6.
Limitation of Warranties
By using our website, you understand and agree that all Materials we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
a) the use of our Materials will meet your needs or requirements.
b) the use of our Materials will be uninterrupted, timely, secure or free from errors.
c) the information obtained by using our Materials will be accurate or reliable, and
d) any defects in the operation or functionality of any Materials we provide will be repaired or corrected.
Furthermore, you understand and agree that:
e) any content downloaded or otherwise obtained through the use of our Materials is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
f) no information or advice, whether expressed, implied, oral or written, obtained by you from CardioCore6 or through any Materials we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. CardioCore6 will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Materials, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on http://www.imfitandhappy.com/ including but not limited to text, graphics, website name, code, images and logos are the intellectual property of CardioCore6, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by CardioCore6.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Imfitandhappy.com is controlled by CardioCore6 from our offices located in the state of California, USA. This website can be accessed by most countries around the world. As each country has laws that may differ from those of Ca, by accessing our website, you agree that the statutes and laws of Ca, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Ca., USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, CARDIOCORE6 EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Acknowledgment of Understanding: You have read the responsible use and conduct, waiver of liability, assumption of risk, disclaimer and indemnification and hold harmless agreement, fully understand its terms, and understand that you are giving up substantial rights, including your right to sue. You acknowledge that you are agreeing to these terms and conditions freely and voluntarily, and intend by checking the box below to be a complete and unconditional release of all liability to the greatest extent allowed by law.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: