Terms and Conditions
Agreement between User and www.youandmepersonaltraining.com
Welcome to www.youandmepersonaltraining.com. The
www.youandmepersonaltraining.com website (the "Site") is comprised of
various web pages operated by You & Me Personal Training.
www.youandmepersonaltraining.com is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein (the "Terms"). Your use of www.youandmepersonaltraining.com
constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
www.youandmepersonaltraining.com is a News and Information
Site.
I'm a personal trainer looking to have a website to explain
what I offer and give some free guides and show my prices for memberships
Electronic Communications
Visiting www.youandmepersonaltraining.com or sending emails
to You & Me Personal Training constitutes electronic communications. You
consent to receive electronic communications and you agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that
such communications be in writing.
Children Under Thirteen
You & Me Personal Training does not knowingly collect,
either online or offline, personal information from persons under the age of
thirteen. If you are under 18, you may use www.youandmepersonaltraining.com
only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.youandmepersonaltraining.com may contain links to other
websites ("Linked Sites"). The Linked Sites are not under the control
of You & Me Personal Training and You & Me Personal Training is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked
Site. You & Me Personal Training is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by You
& Me Personal Training of the site or any association with its operators.
Certain services made available via
www.youandmepersonaltraining.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from
the www.youandmepersonaltraining.com domain, you hereby acknowledge and consent
that You & Me Personal Training may share such information and data with
any third party with whom You & Me Personal Training has a contractual
relationship to provide the requested product, service or functionality on
behalf of www.youandmepersonaltraining.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable
license to access and use www.youandmepersonaltraining.com strictly in
accordance with these terms of use. As a condition of your use of the Site, you
warrant to You & Me Personal Training that you will not use the Site for
any purpose that is unlawful or prohibited by these Terms. You may not use the
Site in any manner which could damage, disable, overburden, or impair the Site
or interfere with any other party's use and enjoyment of the Site. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and any software
used on the Site, is the property of You & Me Personal Training or its
suppliers and protected by copyright and other laws that protect intellectual
property and proprietary rights. You agree to observe and abide by all
copyright and other proprietary notices, legends or other restrictions
contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Site. You &
Me Personal Training content is not for resale. Your use of the Site does not
entitle you to make any unauthorized use of any protected content, and in
particular you will not delete or alter any proprietary rights or attribution
notices in any content. You will use protected content solely for your personal
use, and will make no other use of the content without the express written
permission of You & Me Personal Training and the copyright owner. You agree
that you do not acquire any ownership rights in any protected content. We do
not grant you any licenses, express or implied, to the intellectual property of
You & Me Personal Training or our licensors except as expressly authorized
by these Terms.
International Users
The Service is controlled, operated and administered by You
& Me Personal Training from our offices within the USA. If you access the
Service from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use the You & Me Personal
Training Content accessed through www.youandmepersonaltraining.com in any
country or in any manner prohibited by any applicable laws, restrictions or
regulations.
Indemnification
You agree to indemnify, defend and hold harmless You &
Me Personal Training, its officers, directors, employees, agents and third
parties, for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use
the Site or services, any user postings made by you, your violation of any
terms of this Agreement or your violation of any rights of a third party, or
your violation of any applicable laws, rules or regulations. You & Me Personal
Training reserves the right, at its own cost, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with You & Me Personal Training in asserting
any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute
between them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or in equity
for damages or any other relief, then such dispute shall be resolved only by
final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the
parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or
arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take
place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and You
& Me Personal Training 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.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YOU &
ME PERSONAL TRAINING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE SITE AT ANY TIME.
YOU & ME PERSONAL TRAINING AND/OR ITS SUPPLIERS MAKE
NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. YOU & ME PERSONAL TRAINING AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL YOU & ME PERSONAL TRAINING AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF YOU
& ME PERSONAL TRAINING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
You & Me Personal Training reserves the right, in its
sole discretion, to terminate your access to the Site and the related services
or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of New
York and you hereby consent to the exclusive jurisdiction and venue of courts
in New York in all disputes arising out of or relating to the use of the Site.
Use of the Site is unauthorized in any jurisdiction that does not give effect
to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and You & Me Personal Training as a
result of this agreement or use of the Site. You & Me Personal Training's
performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of You & Me
Personal Training's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Site or
information provided to or gathered by You & Me Personal Training with
respect to such use. If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and You & Me Personal
Training with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and You & Me Personal Training with respect to
the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be written in English.
Changes to Terms
You & Me Personal Training reserves the right, in its
sole discretion, to change the Terms under which
www.youandmepersonaltraining.com is offered. The most current version of the
Terms will supersede all previous versions. You & Me Personal Training
encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
You & Me Personal Training welcomes your questions or
comments regarding the Terms:
You & Me Personal Training
Email Address:
Telephone number: 3153740008
Effective as of December 09, 2024
