HEALTH WARNINGS AND LIABILITY DISCLAIMER:

THIS WEBSITE AND ITS RELATED MOBILE OR DESKTOP APPLICATIONS ARE AN ONLINE FITNESS SERVICE WITH ITS HEALTH AND FITNESS CONTENTS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY EXERCISE PROGRAM OR FITNESS ACTIVITY.  NOTHING STATED HEREIN IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR MEDICAL ADVICE.

YOU ARE ENTIRELY RESPONSIBLE AND ASSUME ALL RISK FOR USE OF THE CONTENT ON THIS WEBSITE AND THE PERFORMANCE OF ANY ACTIVITY DEPICTED HEREIN AS WELL AS THE USE OF ANY EXERCISE EQUIPMENT OR RELATED PRODUCT.  YOU SHOULD NOT USE THE CONTENT OR ACTIVITIES PERFORMED OR DESCRIBED THEREIN IN HIGH-RISK ACTIVITIES OR WHERE YOU HAVE ANY PHYSICAL, MEDICAL, OR HEALTH CONDITION WHICH MAY LIMIT OR AFFECT YOUR ABILITY TO PERFORM ANY ACTIVITY DEPICTED OR DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, FAMILY HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE, SMOKING, HIGH CHOLESTROL, BREATHING PROBLEMS, OR HAVE EVER EXPERIENCED CHEST PAIN WHILE EXERCISING.

PERFORMING ANY ACTIVITY DEPICTED OR DESCRIBED ON THIS WEBSITE INVOLVES A RISK OF PERSONAL INJURY AND YOU EXPRESSLY ASSUME ALL RISKS OF HARM.  IF AT ANY TIME WHILE YOU ARE PERFORMING ANY ACTIVITY DEPICTED HEREIN YOU FEEL DISCOMFORT, LIGHT-HEADED, NAUSEOUS OR HAVE CHEST OR ANY OTHER PAINS, YOU SHOULD STOP IMMEDIATELY AND CONTACT A DOCTOR OR DIAL 911.

1)       ACCEPTANCE OF THE TERMS OF USE  

                Welcome to the website of NO SWEAT, a Texas corporation (“Company”, “we” or “us”, “NO SWEAT”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.nosweat.foit, including any content, functionality and services offered on or through https://www.nosweat.fit ,   (the “Website”), whether as a guest or a registered user.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE WEBSITE. BY USING THE WEBSITE OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE IF THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT HTTPS://NOSWEAT.FIT , INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.  YOU HEREBY CONSENT TO RECEIVING THESE TERMS OF USE AND OUR PRIVACY POLICY IN ELECTRONIC FORM.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

If you have any questions regarding the Website, these Terms of Use, our Privacy Policy, or the content of the Website, you may contact us at:  info@nosweat.fit

2)       CHANGES TO THE TERMS OF USE  

                We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.  However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time and every time you access the Website so you are aware of any changes, as they are binding on you.

3)       ACCESSING THE WEBSITE AND ACCOUNT SECURITY  

                We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

•          Making all arrangements necessary for you to have access to the Website.

•          Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy located at https://nosweat.fit/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4)       INTELLECTUAL PROPERTY RIGHTS  

                The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

•          Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

•          You may store files that are automatically cached by your Web browser for display enhancement purposes.

•          You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

•          If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

•          If we provide social media features for certain content, you make take such actions as are enabled by such features.

You must not:

•          Modify copies of any materials from this site.

•          Save or download copies of images, graphics, video, or audio content from this site for further reproduction, publication, or distribution.

•          Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

•          Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5)       TRADEMARKS  

                The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

6)       PROHIBITED USES  

                You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

•          In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

•          For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

•          To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

•          To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

•          To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

•          To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

•          Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

•          Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

•          Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

•          Use any device, software or routine that interferes with the proper working of the Website.

•          Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

•          Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

•          Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

•          Otherwise attempt to interfere with the proper working of the Website.

•          Use the Website or its content in any manner if you have a history of heart disease, high blood pressure, high cholesterol, have experienced chest pains while exercising, are currently pregnant, or have been advised by a doctor to avoid the type of exercise described or shown on the Website.

7)       USER CONTRIBUTIONS

                The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

•          You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

•          All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

8)       MONITORING AND ENFORCEMENT; TERMINATION  

                We have the right to:

•          Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

•          Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.

•          Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

•          Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

•          Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

9)       CONTENT STANDARDS  

                These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

•          Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

•          Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

•          Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

•          Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

•          Be likely to deceive any person.

•          Promote any illegal activity, or advocate, promote or assist any unlawful act.

•          Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

•          Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

•          Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

•          Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

10)   COPYRIGHT INFRINGEMENT AND DMCA POLICY  

                We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the Website if such claims are reported to our Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Website by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Website. It is the policy of the Company to terminate the user accounts of repeat infringers.

DMCA Notice of Alleged Infringement (“Notice”)

1.             Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.

2.             Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown in the Website or the exact location where such material may be found.

3.             Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

4.             Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5.             Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Designated Copyright Agent whose address is listed at the end of these Terms of Use.

11)   RELIANCE ON INFORMATION POSTED  

                The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Nothing on this Website is intended to be considered medical or nutrition advice or be considered a treatment, cure, or remedy for any medical problem or disease.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

                The Company specifically makes no representations or warranties:

·         That any particular fitness, nutrition, or health program or exercise is suitable for you;

·         Regarding the adequacy or safety of the fitness, or health programs and exercises for any particular user;

·         That using the Website will meet your personal needs or goals;

·         Regarding the results of any particular fitness, health program or exercise; or

·         Regarding the safety or fitness for particular use of any fitness products, such as fitness machines and equipment, heart rate monitors, or fitness trackers.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12)   CHANGES TO THE WEBSITE  

                We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

13)   INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE  

                All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

14)   ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS

All purchases through our site or other transactions for the sale of goods or services or information formed through the Website or as a result of visits made by you are governed by these Terms of Use.

Once you create an account we offer your first 30 days for FREE. After that your subscription will auto-renew at $9.99 per month on the beginner’s basis for the use on the app and its workout programs. Membership upgrades available for additional fees.

The subscription will continue unless cancelled in Settings at least one day before the subscription period ends.

If you have subscribed for a membership with us, you are granted a limited, personal, non-transferable, and non-exclusive right and license to use the services provided the Website during the term of your subscription.  Your use shall be strictly in accordance with these Terms of Use. You are responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access the Website or its features.  You agree to pay any required amounts for your subscription in order to receive the services provided by the Website.  You agree to pay any and all attorney and collection fees arising from efforts to collect any past due amounts from you, as well as interest on any past due amounts owed at the rate of 10% per annum. 

Our iOS and Android applications may require you to download a software package (“the Software”) in order to use services related to this Website or the Company.  We hereby grant you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Website and services provided by the Company.  Your license to use the Software is automatically revoked if you violate these Terms of Use in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms of Use. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so.

If implemented, the Company’s debit or credit card processing services support any US-issued card and most non-US issued cards with a Visa, MasterCard, Discover, or American Express logo (collectively “the Card Networks”) including credit, debit, pre-paid, or gift cards. We will only process card transactions that have been authorized by the applicable Card Network or card issuer. Whereas the Card Networks’ verification processes are designed to greatly reduce risk for users, you are solely responsible for any loss resulting from fraud or other unauthorized use of your credit or debit cards.  We may use www.paypal.com, a third party service provider to process the payments through the Card Networks.  You agree to the terms and conditions for use of that provider and understand that they would be solely responsible for the security, privacy, and processing of those transactions. 

You will not be billed during any Free Trial Period; however, automatic billing for subscription fees will begin automatically at the end of the Free Trial Period and will be automatically billed every period thereafter.  If you purchase a subscription, you agree to automatic billing to be deducted from the payment form provided to us and agree to pay the charges made to your account in connection therewith.  Your subscription and regular billing of your account will continue indefinitely unless cancelled by you.  You may cancel your subscription at any time by providing notice to us and the cancellation will take effect starting at the end of the current billing period, meaning there are no partial period refunds or credits.

We may offer additional add-on services beyond a standard subscription and any such add-on service is a separate subscription subject to an additional recurring fee.  Any additional recurring fees will be automatically billed just as your regular subscription fees are billed.

We may offer quarterly, annual, or other long term subscriptions.  These longer-term subscriptions are due in full upon purchase and automatically renew for the same duration as the initial subscription period.  The amount due will be charged as of the first day of each renewal term.  You can cancel longer-term subscriptions prior to any renewal to avoid being charged again by providing us notice in writing. 

By accepting these Terms of Use, you agree that all products, services, and information provided and fees charged by us are non-refundable and we do not have a refund, return, or exchange policy applicable to the Website unless it is specifically state in writing.  The pricing for various products, services, subscriptions, and information are subject to change and we do not guarantee that you will receive the lowest historical cost or best price.  You will be charged in accordance with any billing terms that you agreed to at the time you subscribed or purchased a product or service.  You expressly authorize us to charge the credit or debit card provided each recurring billing period.  If you provide a payment method that results in overdraft, chargeback, or other fee from your bank, you alone are responsible for that fee. 

EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE WEBSITE, YOU WILL BE RESPONSIBLE FOR ANY REGULAR FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. 

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

15)   LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES  

                You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

•          Link from your own or certain third-party websites to certain content on this Website.

•          Send e-mails or other communications with certain content, or links to certain content, on this Website.

•          Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

•          Establish a link from any website that is not owned by you.

•          Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

•          Link to any part of the Website other than the homepage.

•          Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

16)   LINKS FROM THE WEBSITE  

                If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

17)   GEOGRAPHIC RESTRICTIONS  

                The owner of the Website is based in the state of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

18)   DISCLAIMER OF WARRANTIES  

                You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19)   LIMITATION ON LIABILITY  

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20)   INDEMNIFICATION  

                You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

21)   GOVERNING LAW AND JURISDICTION  

                All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Pearland in Brazoria County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22)   WAIVER AND SEVERABILITY  

                No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

23)   ENTIRE AGREEMENT  

                The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Complete Burn Fitness, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

24)   YOUR COMMENTS AND CONCERNS  

                This website is operated by:

NO SWEAT

13206 Watermist Dr.

Pearland, Texas 77584

info@nosweat.fit