Terms & Conditions of Use

This website (“Website”) is operated by Everus Fitness, Inc. (“Everus Fitness”) and these terms and conditions apply to all websites owned, operated, controlled and otherwise made available by Everus Fitness, its parent, their affiliates and subsidiaries (including, but not limited to, mirrored, co-branded and successor sites).

IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE, SUBSCRIBING TO EVERUS FITNESS SERVICES, PURCHASING PRODUCTS, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE EVERUS FITNESS SERVICES AND PRODUCTS, AND THE RELATED EVERUS FITNESS SOFTWARE, DATA AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “EVERUS FITNESS TECHNOLOGY”).

EVERUS FITNESS IS WILLING TO PROVIDE YOU WITH ACCESS TO THE EVERUS FITNESS TECHNOLOGY THROUGH THIS WEBSITE AND MAKE AVAILABLE PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM EVERUS FITNESS OR ITS AFFILIATES IN CONNECTION WITH THE EVERUS FITNESS TECHNOLOGY (COLLECTIVELY, “REGISTRATION AND ORDER FORMS”) AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE USING THE EVERUS FITNESS TECHNOLOGY, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE EVERUS FITNESS TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM EVERUS FITNESS.

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. THE CONTENTS OF THIS WEBSITE, SUCH AS TEXT, GRAPHICS, IMAGES, INFORMATION OBTAINED FROM EVERUS LICENSORS, AND OTHER MATERIAL CONTAINED ON THIS WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE EVERUS TECHNOLOGY AND THE CONTENT AVAILABLE THROUGH IT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. EVERUS DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THIS WEBSITE. RELIANCE ON ANY INFORMATION PROVIDED BY EVERUS, EVERUS EMPLOYEES, OTHERS APPEARING ON THE WEBSITE AT THE INVITATION OF EVERUS, OR OTHER VISITORS TO THE WEBSITE IS SOLELY AT YOUR OWN RISK.

Authority

By accessing, subscribing, downloading and/or otherwise using the Everus Fitness Technology, you (a) certify that you are at least 18 years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of Everus Fitness that may be published within the Everus Fitness Technology or this Website.

Intellectual Property

The Everus Fitness Technology (including, this Website) is owned and operated by Everus Fitness and its licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties - Copyright 2010 Everus Fitness, Inc. All rights reserved. The compilation and arrangement of all content, data and other information found within the Everus Fitness Technology is also the sole and exclusive property of Everus Fitness and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the Everus Fitness Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Everus Fitness and its licensors and are fully protected under U.S. and international intellectual property laws.

Use of the Everus Fitness Technology

Subject to the terms and conditions set forth herein and any third party restrictions, Everus Fitness grants you a non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the Everus Fitness Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the Everus Fitness Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Website or through the Everus Fitness Technology; provided you retain all Everus Fitness copyright and proprietary notices contained in the original materials or any copies thereof.

All rights not expressly stated herein are reserved by Everus Fitness and Everus Fitness disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Everus Fitness Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the Everus Fitness Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Everus Fitness Technology, or any part thereof, including, but not limited to, using any part of the Everus Fitness Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the Everus Fitness Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Everus Fitness, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use Everus Fitness Technology to harm minors in any way; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using Everus Fitness Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Everus Fitness Technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the Everus Fitness Technology or servers or networks connected to the Everus Fitness Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the Everus Fitness Technology (including, but not limited, to this Website); and (xiv) “stalk” or otherwise harass another; or collect or store personal data about other users.

You agree not to access the Everus Fitness Technology by any means other than through the interface that is provided to you by Everus Fitness for use in accessing the Everus Fitness Technology.

By posting of information or other materials on this Website or within the Everus Fitness Technology or by making such information available for downloading by you, Everus Fitness does not waive any proprietary right in and to the Everus Fitness Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the Everus Fitness Technology except for the limited license expressly granted herein.

Submissions

Any and all comments, suggestions, ideas, graphics, videos, content, data, personally identifiable information and any other information that you transmit to Everus Fitness through the Everus Fitness Technology (“Submission”) may be used by Everus Fitness anywhere, anytime and for any reason whatsoever, subject only to our Website Privacy Policy with respect to our use of your personally identifiable information. You shall remain the sole and exclusive owner of your Submission, and you shall be solely responsible for your Submission and the consequences of posting or publishing them. By submitting your Submissions to Everus Fitness, you hereby grant Everus Fitness a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform and display your Submissions for any legal purposes whatsoever now known or hereinafter becomes known.

Any Submission you provide to Everus Fitness will be deemed public information and not subject to any confidentiality obligation and Everus Fitness shall have no obligation to maintain its confidentiality except to the extent the Submission contains personal identifiable information, in which case, Everus Fitness’ Privacy Policy shall govern Everus Fitness’ disclosure of such information. By making a Submission, you waive the right to make any claim against Everus Fitness or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, and shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you.

You represent and warrant that your Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for Everus Fitness. You also agree to maintain and promptly update your Submissions by means of the Everus Fitness Technology in order to keep that information true, accurate, current and complete.

Participation Disclaimer

Everus Fitness does not and cannot review all Submissions posted to or created by users accessing the Everus Fitness Technology (including, but not limited to, this Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Everus Fitness Technology (including, but not limited to, this Website), Everus Fitness is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. Even though Everus Fitness may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, profanity or misrepresentation. Notwithstanding the foregoing, Everus Fitness reserves the right to block or remove communications, postings, or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property rights of another or (d) offensive or otherwise unacceptable to Everus Fitness as determined in its sole discretion.

Limitations on Internet

You acknowledge that Everus Fitness may establish limits concerning use of the Internet, including the maximum number of days that submissions will be retained by the Internet, the maximum number and size of postings, e-mail messages, or other Submissions that may be transmitted or stored by the Internet, and the frequency with which you may access the Internet.

You agree that Everus Fitness has no responsibility or liability for the deletion or failure to store any Submissions maintained or transmitted by the Internet. You acknowledge that Everus Fitness reserves the right at any time to modify or discontinue the Internet (or any part thereof) with or without notice, and that Everus Fitness shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Internet.

Electronic Delivery Policy and Your Consent

By using the Everus Fitness Technology, you consent to electronically receive from Everus Fitness all communications including notices, agreements, legally required disclosures or other information in connection with the Everus Fitness Technology (collectively, “Notices”). Everus Fitness shall provide such electronic Notices by posting them on this Website. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Website and the Everus Fitness Technology.

Trademarks

Any and all trademarks displayed within the Everus Fitness Technology are owned by Everus Fitness, its licensors or its affiliates. Nothing in this Agreement should be construed as transferring any aspects of such rights to you or to any third party.

Confidentiality

At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of Everus Fitness. “Confidential Information” means any Submissions, trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to Everus Fitness or its licensors, including, but not limited to, all parts of the Everus Fitness Technology and any other materials or information related to the business or activities of Everus Fitness that are not generally known to others engaged in similar businesses or activities.

Warranty Disclaimer

You access and use the Everus Fitness Technology at your sole risk. The Everus Fitness Technology is provided to you on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, Everus Fitness disclaims all warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise.

Without limiting the foregoing, Everus Fitness does not represent or warrant that (a) the Everus Fitness Technology will be uninterrupted, timely, secure or error-free, (b) the defects in the Everus Fitness Technology will be corrected, (c) the Everus Fitness Technology or the servers that operate the Everus Fitness Technology are free of viruses or other harmful components, (d) the data, results and information within the Everus Fitness Technology will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the Everus Fitness Technology will meet your needs, requirements or expectations.

Everus Fitness may make changes to the content within the Everus Fitness Technology or to the products or services described in it, at any time without notice to you. Further, Everus Fitness assumes no liability or responsibility for any errors or omissions in the content within the Everus Fitness Technology. The materials in the Everus Fitness Technology may be out of date or inaccurate, and Everus Fitness specifically disclaims any duty to update such content.

Any material downloaded or otherwise obtained by you through the use of the Everus Fitness Technology is done at your sole discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses.

You acknowledge and agree that Everus Fitness shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by Everus Fitness. You acknowledge and agree that Everus Fitness shall not be responsible or liable for any Submissions or conduct of any third party, including, but not limited to, content sent using and/or included within the Everus Fitness Technology provided by any other user of this Website or any third party licensors or suppliers of Everus Fitness.

Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the Everus Fitness Technology, and no warranties shall apply after such period.

Disruptive Behavior

Harassment in any manner or form on this Everus Fitness Website or through the use of the Everus Fitness Technology, including via email, web blog (“blog”), comments, submissions, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Everus Fitness employee or representative, as well as other members or visitors on this Everus Fitness Website or through use of the Everus Fitness Technology is prohibited. You may not upload to, distribute, send or otherwise publish through this Everus Fitness Website or within the Everus Fitness Technology any content which is libelous, defamatory, obscene, disruptive, harassing, threatening, offensive, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; which may constitute or encourage a criminal offense, violate the rights of any party; or which may otherwise give rise to civil liability, violate any law or infringe on a third party's intellectual property right (including, but not limited to, spam, offensive sexual, racial or gender related material, or material that violates Everus Fitness’ then current policies). You may not upload commercial content on this Everus Fitness Website or within the Everus Fitness Technology or use the same to solicit others to join or become members of any other commercial online service or other organization.

You agree not to: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the Everus Fitness Technology; (b) use Internet Relay Chat (IRC) bots via this Everus Fitness Website (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (c) hinder the ability of others to use IRC; (d) disrupt the Everus Fitness Technology or the normal flow on this Everus Fitness Website of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) run any program on this Everus Fitness Website or through the Everus Fitness Technology that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (f) interfere with, disrupt, or harm in any way the Everus Fitness Technology or the servers or networks used in connection with it; (g) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (h) use the Everus Fitness Technology in violation of the rules of any other website providers, websites, chat rooms or the like; (i) use the Everus Fitness Technology to access the accounts of others without permission; (j) attempt to penetrate security measures of Everus Fitness or another entity, or obtain or bypass others' passwords; or (xi) engage in denial of service attacks (i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic).

Limitation of Liability

NEITHER EVERUS FITNESS, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE EVERUS FITNESS TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE EVERUS FITNESS TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE EVERUS FITNESS TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE EVERUS FITNESS TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE EVERUS FITNESS TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THIS WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE EVERUS FITNESS TECHNOLOGY WHETHER OR NOT EVERUS FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL EVERUS FITNESS’ AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO EVERUS FITNESS FOR ACCESS AND USE OF THE EVERUS FITNESS TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH EVERUS FITNESS TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00). SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.

Access to Everus Fitness Technology

You shall be responsible for obtaining access to the Everus Fitness Technology and for all equipment necessary to access the Everus Fitness Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all charges associated with connecting you to the Everus Fitness Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges.

Passwords and Your Obligations

You may be asked to register as a member on certain pages or services within the Everus Fitness Technology and to select a unique username and password in order to be able to access your account and use any of the Everus Fitness Technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify Everus Fitness in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.

Please notify us immediately of any unauthorized use of your user name and password via email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Security

The Everus Fitness Technology resides on the public internet. Everus Fitness uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to Everus Fitness and any information stored on servers controlled by Everus Fitness. Notwithstanding these efforts, Everus Fitness cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.

Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the Everus Fitness Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Everus Fitness Technology, overloading, “flooding,” “mailbombing” or “crashing” the Everus Fitness Technology. Violations of system or network security may result in civil or criminal liability. Everus Fitness reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Indemnification

You agree to indemnify, defend, and hold harmless Everus Fitness, its affiliates, agents, vendors, distributors, licensors and suppliers and their officers, directors, and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the Everus Fitness Technology; (d) any injury you may sustain while exercising at one of our sessions, from the workouts listed and exercises listed on our website or from the equipment you purchase from us; and (e) any use of your Submission by Everus Fitness or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity.

Blog Disclaimer

The blog entries, quotations and other editorial content on this Everus Fitness Website are provided “as is” with no warranties and confers no rights. The blog entries are solely the opinion of the author and do not necessarily reflect the opinions of Everus Fitness, its parent company and/or their indirect and direct parent companies and affiliates.

Termination

You agree that Everus Fitness, at its sole discretion, may terminate or suspend your access to and use of the Everus Fitness Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if Everus Fitness believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. Everus Fitness reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the Everus Fitness Technology (or any part thereof) without notice. You agree that Everus Fitness shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the Everus Fitness Technology. Your obligations under this Agreement shall continue even after Everus Fitness has terminated and/or cancelled this Agreement or your access to the Everus Fitness Technology.

Resale Prohibited

Products and services sold from this Website may not be resold by you as new or distributed to or through dealers unless a valid distribution agreement has been executed by you and Everus. Notwithstanding anything to the contrary herein, Everus Fitness reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.

Product Display/Colors & Specifications

The Everus Fitness Technology (including, but not limited to, this Everus Fitness Website) attempts to display product images shown through it as accurately as possible. However, Everus Fitness cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.

Features, pricing and specifications of products and/or services described or depicted through the Everus Fitness Technology (including, but not limited to, this Everus Fitness Website) are subject to change at any time without notice. Weights and measures are approximate.

Pricing, Special Offers and Promotions

All prices shown through the Everus Fitness Technology (including, but not limited to, this Everus Fitness Website) are applicable solely for purchase by users directly through this Everus Fitness Website. Prices are subject to change without notice. Prices within the Everus Fitness Technology (including, but not limited to, prices on this Everus Fitness Website) may not be the same as prices available through sales representatives, telephone orders, or promotional offers. Everus Fitness does not have a price match guarantee.

Special product, pricing or service offerings and promotions may be displayed from time to time through the Everus Fitness Technology (including, but not limited to, on this Everus Fitness Website) and are considered discontinued and no longer valid once they are removed from the Everus Fitness Technology (including, but not limited to, this Everus Fitness Website). In addition, all such offerings and promotions displayed through the Everus Fitness Technology (including, but not limited to, on this Everus Fitness Website) are subject to change or cancellation at any time without notice. Programs/promotions available through sales representatives or telephone orders may not be available through the Everus Fitness Technology (including, but not limited to, this Everus Fitness Website) and vice versa.

Should you place an order for a product or service and it goes on sale on this Everus Fitness Website for a lower price immediately thereafter, you may contact us for a credit of the difference between the current price and the price you paid. However, you must contact us within seven (7) days of the date on which the price change first appears on this Everus Fitness Website – later requests will not be honored.

Other product and service limitations and disclaimers may apply.

Typographical Errors

The price for a product or service on the Everus Fitness Website may differ from the price shown in your shopping cart at the time of your purchase at the Everus Fitness Website -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Everus Fitness Website. If the price for the item on the Everus Fitness Website is incorrect, then, at the sole discretion of Everus Fitness, Everus Fitness may either (a) refuse or cancel your order whether or not the order has been confirmed and your credit card has been charged; (b) contact you for instructions before charging you for such product or service; (c) cancel the order for such service and notify you of such cancellation; or (d) sell the product or service at the incorrect price to your benefit. If your credit card has already been charged for the purchase and your order is cancelled or refused, Everus Fitness shall issue a credit to your credit card account in the amount of the incorrect price that was charged.

Applicability of Content

This Website is operated in the State of New York, United States of America, and Everus Fitness makes no representation that the content provided through the Everus Fitness Technology are applicable or appropriate for use in jurisdictions other than the United State of America. If you access our Everus Fitness Technology (including, but not limited to, this Website) from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the Everus Fitness Technology, you may not view or use the Everus Fitness Technology.

Product & Service Availability

The Everus Fitness Technology (including, but not limited to, this Everus Fitness Website) refers to products and services available for purchase at this Website by buyers with a shipping address located within the United States of America. Subject to the terms and conditions of this Agreement, Everus Fitness will sell products, and provide services, to you if the product or service is currently available and/or the product is in Everus Fitness’ inventory or the service is a service made commercially available by Everus Fitness. Everus Fitness cannot guarantee the availability of a product or service at all times.

Sales Tax Policy

Sales tax may be added to each order, subject to federal, state, and local tax laws. We will do our best to accurately calculate sales tax, but errors may occur due to the large number of tax districts or for other reasons. If we do not collect sales tax for your order, you may still be responsible for paying sales and/or use tax for the purchase if required by federal, state or local tax rules and laws.

Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for no or any reason whatsoever. You will not be charged if we reject an order, but we will process a refund if a charge has been made against you in error.

Validating Your Order

After you place an order through the Everus Fitness Website, we will check the information you gave us for validity. We may require additional verifications or information before accepting any order.

We reserve the right to reject any order you place with us, and/or to limit quantities on any order, for any or no reason whatsoever. If we reject your order, we will generally attempt to notify you by using the contact information you gave to us with your order.

Paying for Your Order

You may pay for your order by credit cards, such as MasterCard, Visa, American Express, or Discover credit and MasterCard and Visa debit cards only. The accepted methods of payment may change at Everus Fitness’ sole discretion.

Your card will be authorized for the full amount of your purchase at the time of your order. This may cause an immediate reduction in your funds or increase in your credit line, even if your order is later canceled, as the credit and debit card issuing banks release authorizations at their discretion.

Your credit or debit card is generally charged upon receipt of your order.

Order Processing & Shipment

Please allow up to 1-2 business days for order processing before shipping. We typically ship only on business days, so if you order on Friday night, your order may not ship until Tuesday. When your order ships, you will be emailed a shipment tracking number, if the carrier supports that capability. If you have questions about the status of your order, please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 1-866-428-1799.

We only ship orders from this Website to locations in the United States of America.

All orders placed through the Online Store are subject to product availability and will be shipped F.O.B. our shipping facility. The risk of loss and title for ordered merchandise pass to you upon our delivery to the carrier. This means that product damaged in transit is the carrier's responsibility and is an issue to be resolved between you and the carrier.

If a carrier does not meet its delivery performance requirements (i.e., next day air before 10:30 AM); you must resolve this issue with the carrier.

Shipping & Handling Charges

Please refer to the shipment options on the page that appears during the checkout process for current shipping and handling charges. Everus may change these rates at its sole discretion and without any notice.

Equipment Return Policy

Except for fitness sessions purchased, all merchandise purchased by you from the Everus Fitness Website may be returned by you if returned within thirty (30) days from the date of placing your order, if the merchandise is returned in its original condition. Return shipping of merchandise will be paid by you and you should obtain a tracking number for any such return shipments. All refunds will be made in the same form as your original payment.

Fitness Training Sessions

You must be at least 18 years old to purchase fitness training sessions. All enrollees must provide a signed liability waiver before the commencement of your first session or your parent or guardian must sign on your behalf if you are enrolling into our youth training sessions and are under 18 years old.

All fitness training packages are set at a fixed rate based on the number of sessions that you choose when you are registering and must be fully paid in advance. The fitness training packages are non-refundable and cannot be transferred in part or in whole to any other party, except as required by applicable law.

You must provide us with at least twenty-four (24) hours notice before cancelling or rescheduling one or more of your fitness training sessions. You may cancel or reschedule a session by contacting your assigned trainer directly or by contracting our office at 646-248-6447 or by sending an e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . If you cancel or reschedule a session with less than twenty-four (24) hours notice, you will forfeit the session and we will not refund any of the fees that you have paid.

All unused training sessions in the training package that you purchase will expire 12 months from the original purchase date. We reserve the right to appoint alternative trainers and/or instructors at our sole discretion for one or more of your training sessions.

Should you become unable to use or receive services under your Fitness Session purchase due to death or disability, you or your estate, as the case may be, shall be liable only for the portion of the charges allocable to the time prior to death or the onset of disability, all as reasonably determined by Everus.

Everus can cancel your fitness training session(s) at any time for any breach of these Terms and Conditions of Use or for any violation of the other rules and regulations of Everus by notice to you. Everus can also cancel fitness training session(s) at any time without cause. If Everus cancels your membership by notice to you, you will remain liable for all unpaid fees and other charges for periods prior to the termination date. No refunds shall be made for fitness training session(s) and other charges except as specifically provided for in these Terms and Conditions of Use. Under no circumstances will refunds of fitness training session(s) be made retroactively due to failure to use fitness training session(s). In the event your fitness training session(s) are terminated by Everus for cause, Everus reserves the right to retain the unused portion of any advanced payment made by you.

Everus reserves the right to decline fitness training session(s) to anyone having medical conditions requiring any professional medical supervision. You, on behalf of yourself and any dependent(s), represent that: (a) you and your dependent(s) are voluntarily engaging in physical exercise, are in good physical condition and have no disabilities, diseases, illnesses or other conditions that could prevent you or your dependent(s) from exercising without injuring yourself/themselves or impairing you/their health; (b) you have consulted a licensed physician concerning an exercise program that will not expose you to risk of injury or impairment of your health; and (c) your physician has approved your contemplated activities at Everus. If you or your dependent(s) have any special exercise requirements or limitations, you agree to disclose them to Everus before you enroll in fitness training sessions or when seeking help in establishing or carrying on an exercise program. You and your dependent(s) acknowledge that Everus has not given you/them any medical advice and you/they are relying solely on the advice of your/their licensed physicians regarding the ability to participate in your fitness training session(s). You agree to consult with your physicians prior to making any dietary changes or use of any food supplements.

Acknowledgement of Risk

You, on behalf of yourself, and any dependent(s) and guests, represent that you understand that engaging in physical exercise and participating in your fitness training session includes an inherent risk of minor or major life threatening injury to persons and property, and death. You understand that risk of injury to persons and property includes, but is not limited to, injuries arising from or relating to (a) the use by you, your dependent(s), guests or others of exercise equipment and machines, locker rooms, spa and other wet areas; (b) participation by you, your dependent(s), guests or others in any supervised and unsupervised activities, programs, classes or events, including any Everus sponsored activities and events; (c) any personal training, instruction, supervision or dietary recommendation by Everus or its staff; (d) medical disorders that may occur from fitness training sessions such as heart attack, stroke, death, heat stress, sprains, strains, broken bones and torn muscles, tendons and ligaments among others; (e) accidents that may occur during fitness training sessions (including lobbies, hallways, exercise areas, locker rooms, steam rooms, pool areas, Jacuzzis, saunas, dressing rooms, parking lots or while participating in activities or events associated with or sponsored by Everus or while traveling to or from Everus; and (f) theft or loss of property during fitness training sessions. Accidental injuries include those caused by you or by other persons and those, for example, of a slip and fall nature. You, your dependent(s) and guest agree to use due care when using any Everus Facilities and/or when participating in Everus outside activities and events.

Privacy Policy

We realize that you are concerned about how the information you provide online will be used. Everus Fitness has a Privacy Policy that discloses what information Everus Fitness collects about you, how Everus Fitness uses such information, the steps Everus Fitness takes to secure such information, how you can view and correct such information and how you can decline to have such information about you collected or used. The Privacy Policy is available on this Website and is incorporated herein by this reference. Please read our Privacy Policy for more details.

Jurisdiction

This Agreement shall be governed and construed in all respects by the laws of the State of New York, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Everus Fitness Technology, and purchases of products and/or services through the Everus Fitness Technology must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitation which otherwise may apply. You agree to submit to the exclusive jurisdiction of the courts of the State of New York or the United States District Court for the State of New York for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of this Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

Everus Fitness Intellectual Property Notice

Pursuant to the Digital Millennium Copyright Act, Everus Fitness has designated the person listed below as its agent to receive notifications of alleged copyright or other intellectual property infringement on this Website. Everus Fitness respects the intellectual property of others, and asks our users to do the same. If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide Everus Fitness’ Copyright Agent the following information (the “Copyright Notice”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the Everus Fitness Technology; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in your Copyright Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Everus Fitness’ Agent for transmitting the Copyright Notice for claims of copyright or other intellectual property infringement can be contacted at:

Everus Fitness, Inc.

305 East 7th Street

Suite 12

New York, NY 10021

Order of Preference

This Agreement governs your use and access to the Everus Fitness Technology. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with Everus Fitness. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on this Website or within the Everus Fitness Technology, conflicts with any provision of your other agreements with Everus Fitness, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement.

Links to Other Web Sites

The Everus Fitness Technology contains links to other web sites (“Third Party Sites”) controlled or offered by third parties (non-affiliates of Everus Fitness). Everus Fitness is not responsible for the content, accuracy or opinions expressed on such Third Party Sites and such sites are not investigated, monitored or checked for accuracy or completeness by Everus Fitness. Everus Fitness hereby disclaims any and all liability for, any information, materials, and products or services posted or offered at any of the Third Party Sites. By creating a link to Third Party Sites, Everus Fitness does not endorse or recommend any products or services offered or information contained at Third Party Sites, nor is Everus Fitness liable for any failure of products and services offered or advertised at those sites. Such third parties may have a privacy policy different from that of Everus Fitness and Third Party Sites may provide less security than Everus Fitness. Without limiting the foregoing, the Everus Fitness Technology may contain offers from Everus Fitness for products and services that may be obtained only by linking to the merchant web site to complete the transaction. Terms of the offer shown on the Everus Fitness Technology, including, but not limited to, price, quantity, availability and description may vary from those shown on the merchant’s web site. Differences in the terms of an offer between what is displayed in connection with the Everus Fitness Technology and what is offered at the merchant website will be governed by the terms shown on the merchant’s website. Everus Fitness is not responsible or liable for any such differences or discrepancies.

Revisions and Consents

Everus Fitness reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. Everus Fitness also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the Everus Fitness Technology (including, but not limited to, on this Website). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this Website or via electronic notice as described above. By continuing to enter this Website and/or using the Everus Fitness Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.

Forward-Looking Statements

The Everus Fitness (including, but not limited to, this Everus Fitness Website) may make forward-looking statements concerning Everus Fitness’ future performance. Such statements are subject to risks and uncertainties that may cause Everus Fitness’ actual performance to differ materially from that set forth in such forward-looking statements. Words such as “believe,” “expect,” “anticipate,” “intend,” or similar expressions are intended to identify forward-looking statements. Such statements speak only as of the date on which they are made. Everus Fitness undertakes no obligation to update publicly or revise any such statements. Factors that could cause Everus Fitness’ actual financial and other results to differ materially from those projected by Everus Fitness in forward-looking statements include, but are not limited to, competition, economic conditions, delinquencies and credit losses, interest rate increases, availability of funding and securitization, customer behavior, new products and markets, growth, legal and regulatory.

Entire Agreement

This Agreement constitutes the entire agreement between you and Everus Fitness with respect to the subject matter addressed herein, and governs your access to and use of the Everus Fitness Technology, superseding any prior agreements between you and Everus Fitness relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with Everus Fitness pursuant to your enrollment and/or participation in other features of the Everus Fitness Technology.

Arbitration

Except for the failure to pay any fees and/or disputes concerning a breach of the scope of the license granted herein, any other dispute arising out of, relating to or in any way connected with this Agreement, on written request of either party served on the other, shall be submitted to final and binding arbitration before a single arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the American Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the parties are unable to agree on the arbitrator. Arbitration shall take place in the City of New York in accordance with the Rules and Regulations of the American Arbitration Association (Commercial Division).

General Provisions

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.

Everus Fitness’ failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. Everus Fitness may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of Everus Fitness. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.

Print this Agreement

For record keeping purposes, Everus Fitness encourages you to print this Agreement and the ancillary documents described herein.

You agree that this Agreement, combined with your act of using the Website and/or the services offered on or through the Website have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement.

Created: August 16, 2010