Table of Contents
- Service Eligibility
- Your Account
- User Conduct Guidelines
- Notices and Messages to You
- Rights and Limits
- Your Right to Use Our Platform
- Our Right to Use the Content You Provide to Us
- Links to Other Platforms
- Intellectual Property Rights
- Disclaimer and Limit of Liability
- Health Disclaimer
- Special Consents and Acknowledgements
- Limited Express Warranty; Disclaimer of Other Warranties
- Limitation of Liability and Remedies
- Governing Law and Disputes
- Agreement for Binding Arbitration
- Reports and Complaints
- Complaints Regarding Content
- How to Contact Us
The Platform is owned and operated by Showman Brown LLC dba Get Your Fix PT (“Get Your Fix PT,” “we,” “us,” or “our”). The Platform includes all information, text, visual images, software, products and services used or available through the Platform. The Platform is intended to be used only for lawful purposes. These Terms apply to any visitor to or user of (collectively “Users”) our Platform. These Terms govern your use of the Platform, the Services offered through the Platform, submissions of content you make to the Platform in whatever form (“Content”) and your use of Content submitted by other Users. From time to time, we may revise these Terms. Any such revised Terms will be posted on the Platform and will be effective immediately upon posting.
You must be 18 years or older to use our Services. By using the services, you represent that you are at least 18.
To use the Services, you agree that you are not already restricted by Get Your Fix PT from using the Services. Creating an account with false information is a violation of our terms.
User Conduct Guidelines
In connection with your use of our Platform or the Service, you may provide Content and interact with other Users. As a condition to your use of our Platform or the Service, you agree that you will not:
- Upload, post, transmit or otherwise make available Content that is unlawful, libelous, intentionally false, abusive, obscene, unlawfully threatening, unlawfully harassing, discriminatory or otherwise objectionable.
- Collect, use or transfer any personal, private or confidential information about another person obtained from our Platform except as expressly permitted by the owner of the information.
- Infringe any third party’s intellectual property, trade secret or proprietary rights. Transmit Content that contains software viruses, worms or any other computer code that interrupts, destroys or limits the functionality of the Platform or obtain unauthorized information.
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable or disproportionately large load on our infrastructure.
- Use data mining, robots or similar data gathering or extraction methods.
- Use the Platform for any unlawful or improper purpose.
- Either directly or indirectly, on your own behalf or in the service or on behalf of others, solicit, poach, cold call or attempt to solicit, poach, cold call, divert, entice, induce or remove any person or entity found on or through this Platform or any customer of Get Your Fix PT for any purpose, including the purpose of engaging in competition with Get Your Fix PT.
In connection with use of the Platform and the Service, each User represents and warrants that he or she:
- Has provided complete and accurate Registration Information and will update the Registration Information to maintain its accuracy.
- Hold all rights in the Content you submit sufficient to grant licenses and rights to its use as provided herein.
Notices and Messages to You
You agree that we may communicate with you through email or other means about your Platform registration or Services through the Platform. You agree that we shall have no liability associated with or arising from your failure to maintain accurate contact information.
The Get Your Fix PT IP contains confidential and sensitive trade secrets of Get Your Fix PT. We do not permit you to disclose this information to anyone other than another User, and we do not permit you, or other Users, from using this information for any purposes other than those that consist of participating in our Services, as provided herein.
Confidential Information. Confidential Information under these Terms consists of all non-public information whether oral or in writing (a) that is designated as “Confidential” or “Proprietary” by Get Your Fix PT at the time of disclosure or within a reasonable period thereafter; (b) that is only available to Users, or (c) that you should reasonably understand is confidential (collectively, “Get Your Fix PT Confidential Information”).
Non-disclosure. You shall retain Get Your Fix PT Confidential Information in confidence and shall not use such Get Your Fix PT Confidential Information except as expressly permitted herein.
Exceptions. Your obligation of non-disclosure of Get Your Fix PT Confidential Information under these Terms will not apply to Get Your Fix PT Confidential Information which you can demonstrate: (i) is or becomes a matter of public knowledge through no fault of your own; (ii) was or becomes available to you on a non-confidential basis from a third party, provided that such third party is not bound by an obligation of confidentiality with respect to such information; (iii) was independently developed by you; or (iv) is required to be disclosed by law.
Rights and Limits
Your Right to Use Our Platform
Subject to compliance with these Terms and the obligations hereunder, Users have a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable license to access and use the publicly available areas of our Platform through the web application and through a generally available web browser only for its intended purpose. Subject to compliance with the Terms and the obligations hereunder, Users have a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable license to access and use the password-protected areas of our Platform through the web application and a generally available web browser only for its intended purpose. Subject to compliance with these Terms and the obligation hereunder, Users have a worldwide, royalty-free, non-transferable license to refer to or provide a link to the publicly available areas of our Platform if such links are provided for the purpose of furthering the purpose of our Platform. Users are not entitled to create links to Content submitted by other Users. Except as specifically permitted, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content or any information included on our Platform.
Our Right to Use the Content You Provide to Us
Links to Other Platforms
Our Platform may contain hyperlinks or other connections to Platforms operated by persons or entities other than us. While we try to provide links to only quality sites, we do not endorse and are not able to verify the accuracy of the information on these websites. We are not responsible for the content of those websites.
Intellectual Property Rights
Get Your Fix PT reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Get Your Fix PT logos and other Get Your Fix PT trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Get Your Fix PT.
Disclaimer and Limit of Liability
THE GET YOUR FIX PT SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION OR SUGGESTIONS AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE GET YOUR FIX PT PLATFORM. THE USE OF INFORMATION PROVIDED THROUGH THE GET YOUR FIX PT SERVICE IS SOLELY AT YOUR OWN RISK. YOU ARE ENTIRELY RESPONSIBLE AND ASSUME ALL RISK FOR USE OF THE CONTENT ON THIS APPLICATION AND THE PERFORMANCE OF ANY ACTIVITY DEPICTED HEREIN AS WELL AS THE USE OF ANY SUPPLEMENT, NUTRITION PRODUCT, 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. 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.
Special Consents and Acknowledgements
You acknowledge and agree that:
- IF YOU HAVE AN EMERGENCY, HAVE AN URGENT HEALTH CONCERN OR NEED TO OBTAIN MEDICAL ADVICE, YOU WILL REFRAIN FROM USING THE SERVICES AND WILL IMMEDIATELY CONTACT A PHYSICIAN.
- YOU WILL NOT RELY ON ANYTHING CONTAINED WITHIN THE SERVICES OR THE CONTENT AS A SUBSTITUTE FOR APPROPRIATE AND TIMELY CONTACT WITH YOUR PHYSICIAN.
Limited Express Warranty; Disclaimer of Other Warranties
OTHER THAN THE EXPRESS LIMITED WARRANTY SET OUT ABOVE, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE PLATFORM OR INFORMATION PROVIDED THEREIN. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (1) ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS OR TIMELINESS OF OUR PLATFORM, (2) THE QUALITY AND SECURITY OF OUR PLATFORM, OR (3) THE INABILITY TO ACCESS OUR PLATFORM OR ITS CONTENT, INCLUDING WHETHER OUR PLATFORM WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OUR PLATFORM. WHEN USING OUR PLATFORM, INFORMATION WILL BE TRANSMITTED OVER THE INTERNET, A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF OUR PLATFORM, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR PLATFORM. ANY MATERIAL DESCRIBED OR USED ON OUR PLATFORM MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US. WE MAKE NO WARRANTIES WHATSOEVER AS TO THE ACCURACY, CONTENT, COMPLETENESS OR LEGALITY OF INFORMATION AVAILABLE ON THE PLATFORM OR IN OFFERING DOCUMENTS. WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF USERS OF OUR PLATFORM, AND WE HAVE NO OBLIGATION TO MONITOR THE USE OF OUR PLATFORM BY OTHER USERS. THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
Limitation Of Liability and Remedies
GET YOUR FIX PT SHALL NOT BE LIABLE FOR ANY DAMAGE, LIABILITY OR LOSS RESULTING FROM THE PRODUCTS, SERVICES, OR EVENTS, INCLUDING BUT NOT LIMITED TO INJURY, THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS OR THEFT. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM OUR PLATFORM OR ATTENDING OUR EVENTS. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING OUR PLATFORM OR ATTENDING OUR EVENTS. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR PLATFORM OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED PLATFORMS), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH OUR PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF OUR PLATFORM, OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE, OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE PLATFORM (WHETHER ARISING IN TORT, CONTRACT, BREACH OF WARRANTY OR OTHERWISE) OR UNDER THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Any claims made by you in connection with your use of our Platform, or its Content, must be brought within one (1) year after the cause of action accrues. Otherwise, such cause of action shall be barred.
Get Your Fix PT shall have the right, in addition to other remedies provided by applicable law including consequential and liquidated damages, to apply to a court of competent jurisdiction for the entry of an immediate order to restrain or enjoin said breach and to specifically enforce the provisions of this Agreement.
You may terminate your account with us for any reason or no reason, at any time, upon notice to us. Your termination notice will be effective upon our processing the notice. We may terminate your account with us for any reason or no reason, at any time, with or without notice. A termination by us will be effective immediately or as may be specified in any notice from us. Termination of your account with us includes disabling your access to our Platform and may also bar you from any future use of our Platform. We may immediately restrict, suspend or terminate your account if you abuse or misuse our Platform or engage in any behavior that we, in our sole discretion, deem contrary to the purpose of the Platform. If you violate any of the Terms, we may immediately terminate your limited license to use our Platform. Upon the termination of your account with us, you lose access to our Platform. In addition, we may block access to our Platform from an IP address or range of IP addresses associated with those of terminated Users.
Governing Law and Disputes
You are solely responsible for your interaction with other Users that involve or arise from your relationship to the Platform. Although we may monitor claims that involve you and other Users, we have no obligation to become involved. If you become involved in such a dispute, and our provision of Services is an insubstantial factor (or no factor) in creating this dispute, then you release us from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or connected with such dispute.
Agreement for Binding Arbitration
We do not anticipate having any disagreements with you, the user, regarding usage of this Platform. But if any concerns about these matters arise, please notify us immediately. We would endeavor to resolve any disagreements in a fair and amicable manner. If it is not possible to resolve the disputes ourselves, then each party hereby agrees that all disputes or claims between you and the Company of any nature whatsoever, including but not limited to those relating to use of the Platform or the quality or appropriateness of services offered by the Platform shall be resolved by binding arbitration.
You agree that, by entering into this Agreement, you and Get Your Fix PT are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement. You and Get Your Fix PT agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitration shall be conducted by the Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator must decide all disputes in accordance with the chosen association’s rules and in accordance with Utah law, and shall have power and obligation to decide all matters submitted, including arbitrability and legal questions raised by pleading or summary judgment motions. If any dispute or claim is determined not subject to arbitration by the arbitrator, then all parties agree that their respective rights and obligations shall be governed by the laws of the State of Utah, excluding its choice of law rules. Furthermore, if any dispute or claim is determined not subject to arbitration by the arbitrator, then all parties agree that any and all legal action or proceedings shall be instituted in a state or federal court in Utah.
Reports and Complaints
If you believe that a User has acted inappropriately, or you have a complaint regarding a product, then you may report your concerns either via the links we have included on the Platform, or by contacting us by the means described herein. If we are notified by a User that he or she believes that a User has acted inappropriately, then we may investigate the allegation and determine in good faith, in our sole discretion, to take action with respect to such person.
Complaints Regarding Content
We respect the intellectual property of others, and we ask you to do the same. If you or any user of our Platform believes its copyright rights have been infringed on our Platform, then the copyright(s) owner (“Complaining Party”) should contact us immediately. To be effective, the notification must include:
- A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
- Identification of the copyrights(s) claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
- Identification of the material that is claimed to be infringing the Complaining Party’s copyrights(s) that is to be removed and information reasonably sufficient to permit us to locate such materials;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyright that is allegedly infringed.
You acknowledge, accept and agree that if we receive a notice of a claim of copyright infringement, then we may immediately remove the identified materials from our Platform without liability to you or any other party and that the claims of the Complaining Party may be referred to a United States court of law or the United States Copyright Office for adjudication as provided in the DMCA.
Please note that this procedure is exclusively for notifying Get Your Fix PT and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
How to Contact Us
For general inquiries, you may contact us at email@example.com. For legal notices or service of process, you may write us at this address: 3317 S Higley Rd, Ste 114-240, Gilbert, AZ 85297