THE POINT FOR FITNESS Terms of Service
LAST UPDATED: January 2, 2017
Prior to using The Point for Fitness Service, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of The Point for Fitness Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR WAIVER AND RELEASE OF LIABILITY, HEALTH WARNING AND LIABILITY DISCLAIMER, AND GENERAL DISCLAIMERS, DO NOT USE THE SITE OR THE POINT FOR FITNESS SERVICE.
WAIVER AND RELEASE OF LIABILITY
In consideration of being allowed to participate in any way in the Point for Fitness Inc. athletic/sports program, related events and activities, you acknowledge, appreciate, and agree that:
- The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and,
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
- I willingly agree to comply with the stated and customary terms and conditions for participation. If however I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
- I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD The Point for Fitness Inc., their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.
Please contact us with any questions regarding this Agreement.
HEALTH WARNING AND LIABILITY DISCLAIMER
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.
NOTHING STATED OR POSTED ON THE POINT FOR FITNESS SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF THE POINT FOR FITNESS SERVICE IS AT YOUR OWN RISK.
PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.
THE POINT FOR FITNESS SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE POINT FOR FITNESS SERVICE.
The Point for Fitness reserves the right to modify The Point for Fitness Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to The Point for Fitness Service. The Point for Fitness has no obligation to screen or monitor any content and does not guarantee that any content made available on The Point for Fitness Service complies with this Agreement or is suitable for all users. The Point for Fitness shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to Your computer system, internet access, download or display device.
To the extent that a secondary party may have access to or view The Point for Fitness content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
PAYMENT TERMS – AUTO BILLING, SUBSCRIPTION FEES, FREE TRIAL TERMS
The Point for Fitness Service is a paid, auto-renewing subscription service. If you purchase a subscription by accepting our Free Trial offer, you are agreeing to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you. Your The Point for Fitness membership begins when you have completed the Free Trial sign-up process (i.e., when we collect your personal and payment information). At the end of your Free Trial, you will begin to be billed automatically each month (about every 30 days) until you cancel. Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial month refunds or credits. If you cancel your Free Trial membership at anytime in the trial period), you will not be charged.
The long-term Subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial Subscription term The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term. You can always cancel before your next renewal term by logging into your account, and following the cancellation instructions above (“How to Cancel”).
You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the The Point for Fitness Service.
HOW TO CANCEL
If you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, first log into your PayPal account, select ‘Summary’, select ‘The Point For Fitness’, ‘Manage The Point For Fitness payments,’ and change ‘Status’ from Active to Cancel.
LEGAL AND TRADEMARK NOTICE
1. All copyright in this website is owned by The Point for Fitness Inc. This website, or any portion of it, may not be copied or reproduced without the prior written consent of The Point for Fitness Inc.
2. THE POINT, THE POINT FOR FITNESS, NIT, NOT THE NORM, GET THE POINT are trade-marks of The Point for Fitness Inc.
You may not use any of these trade-marks without prior written consent of the respective owner
3. THE INFORMATION CONTAINED ON THIS WEBSITE (THE “INFORMATION”) IS PROVIDED ON AN AS IS BASIS FOR INFORMATION PURPOSES ONLY. ALL WARRANTIES AND CONDITIONS ARE HEREBY DISCLAIMED, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE POINT FOR FITNESS INC. BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OF THE “INFORMATION”.
PRIVACY POLICIES AND PRACTICES
The purpose of this statement is to advise you of the policies and practices of The Point for Fitness (“The Point”) relating to the collection, use and disclosure of personal information and of your right to limit such collection, use or disclosure.
Personal information is information that identifies an individual or is directly associated with a specific person such as, for example, the name of an individual when that name is linked with credit card information. All personal information collected or received by The Point is considered to be confidential and is not sold, rented or leased to third parties.
In general, The Point collects only information that allows us to contact you, to provide our products and services to you, and to verify financial payment. This personal information includes information identifying you, records relating to the services and products you use, billing records, records of our communications with you, as well as records of your questions and communications with us.
The Point may also use and analyze personal information to identify the products and services that we believe may be of interest to you. From time to time, we may contact you to make these products or services available to you. The Point may also disclose personal information to its instructors in order to better serve you and provide you with the goods and services that you have requested.
The Point may be required to present personal information in statistical, analytical, or other, formats to governmental authorities and industry organizations. Any such information will be provided in a format that does not specifically identify you.
Should you have any questions with respect to the privacy policies and practices of The Point or if you do not consent to, or would like to limit, the manner in which information about you is collected, used or disclosed, please contact The Point for Fitness Privacy Officer at firstname.lastname@example.org.
The Point will periodically review and update this Privacy Statement. The date of each Privacy Statement will be included at the bottom of each statement.