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Terms and Conditions

Effective September 1, 2013


PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY BIND YOU TO A CONTRACT WITH Company. THIS INCLUDES AN ARBITRATION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

www.tctotalcrossfit.com ("Website") provides information about TC Total Crossfit ("Company"), and, with a user account, allows users to receive information about Company through e-mail or messaging and to book, cancel and pay for Company classes, programs, merchandise or services (the "Website Services"). We may add to or change these functionalities in the future.

By using the Company Website Services you agree to these Terms of Service, as well as Company's Privacy Policy and Liability Waiver, both of which are incorporated herein by reference. To the extent there may be a conflict among the policies, the Terms of Service control.

If you do not agree with the Terms of Service, the Privacy Policy, or the Liability Waiver, you must immediately stop using the Company Website Services and participating in Company classes or programs.

These Terms of Service may change from time to time, without actual notice to you. Changes will appear on this website. Your continued use of the Company Website Services after we make changes is deemed to be acceptance of those changes, whether or not you have actually reviewed them. Please check the Terms of Service periodically for updates.

These Terms of Service shall remain in full force and effect while you use the Company Website Services. Company may terminate your Company account, your license to use the Company Website Services, and/or any other Company service or use of Company facilities at any time, without warning, in its sole discretion for reasons including but not limited to your failure to abide by the Terms of Service, Privacy Policy, Liability Waiver, or any other Company policies, or non-payment of fees. Even after your account or license to use this website is terminated, these Terms of Service will remain in effect and will govern any dispute arising out of your use of the Company Website Services.

Company may discontinue or remove the Company Website Services or any portions thereof at any time for any reason.

Liability Waiver

You acknowledge and agree that your use of Company's facilities, services and equipment requires that you agree to Company's Liability Waiver and that you are not be permitted to use Company's facilities, services and equipment if you have not done so.

Eligibility/Children

This Website is intended solely for users who are 16 years of age or older. By using the Company Website Services, you represent and warrant that you are 18 or older and otherwise have capacity to contract, or that you are between the ages of 16 and 18 and have the consent of a parent or guardian to use the Company Website Services. If you are a parent or guardian whose child may be using or attempting to use the Company Website Services without your consent, please contact us at info@mysurffit.com.

Use of the Company Services is void where prohibited. The Company Website Services are intended for a United States audience and the Website is controlled and offered by Company from Michigan and is hosted in the United States of America. Company makes no representations that the Company Website Services are appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions are responsible for compliance with local law.

Company Accounts

In order to access some of the Company Website Services, you will have to create a Company Website Services account.

When creating your account, you must provide accurate and complete information and choose a password. You are entirely responsible for maintaining the confidentiality of your password.

You agree not to use the account, username, or password of another at any time or to disclose your password to any third party. You agree to notify Company immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Company will not be liable for your losses caused by any unauthorized use of your account.

Fees and Refunds

You acknowledge that Company charges fees for some of its services and merchandise, and Company reserves the right to change its fees from time to time at its discretion. If Company terminates your account or revokes your privileges to use Company's services because you have breached these Terms of Service or any other agreement governing your relationship with Company, you may not be entitled to a refund of any unused portion of any reservation or other fees. Nothing in this paragraph is intended to conflict with or supersede any other Company policies regarding use of services, facilities, fees and/or refunds.

Links/Third Party Websites

The Company Website Services may contain links to third party websites that are not owned or controlled by Company, such as social networking websites. A link to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of such website. Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

Intellectual Property

Company and the Company logo are service marks, trademarks, and/or trade dress of Company or otherwise proprietary to Company and may not be used by you for any reason other than as expressly permitted by these Terms of Service. "Company" and other graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trade names, trade dress or other intellectual property of Company in the U.S. and/or other countries for which applications are pending. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company.

Company may have copyright, trade dress, trademark or other intellectual property rights in the Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and the Website software. You have the right to view, electronically copy, and print in hard copy portions of this Website for personal, non-commercial use.

Any other use of materials on this Website or any Company intellectual property, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Company is strictly prohibited and may subject you to legal action.

If you are a copyright owner who believes that a profile picture or other work belonging to you has been copied on the Website in a way that constitutes copyright infringement, please provide the following information to info@mysurffit.com:

  1. Your name, address, telephone number, and email address;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the alleged infringing material is located;
  4. 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;
  5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Security And Usage Restrictions

You agree not to circumvent, disable or otherwise interfere with the security and functionality of the Company Website Services or of features that prevent or restrict use or copying of any content or that enforce limitations on use of the Company Website Services or the content therein.

You agree to use the Website only for personal, non-commercial use.

You agree that you will not use any robot, spider, crawler, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the website or its content.

Failure to abide by these provisions may subject you to civil or criminal legal action and may result in termination of your Company account or in termination of your license to use the Company Website Services or Company's facilities and other services.

Submissions

Should you submit any comments, suggestions, ideas, drawings or concepts to Company, you grant an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the submission. Company will not provide you with compensation and may not provide you with attribution for any submission. You warrant that your submission is original to you and that no other party has any rights to the material. You understand that Company under no obligation to use your submission, that we may already have similar ideas under development, and that we will not treat your submission as confidential or proprietary.

Disclaimer

YOU AGREE THAT YOUR USE OF THE Company WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Company DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Company MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE Company SERVICES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Company WEBSITE. Company DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Company WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Company WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE Company SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND Company EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Company CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE Company SERVICES.

Limitation of Liability

IN NO EVENT SHALL Company, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Company WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Assignment / Third Parties

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.

Governing Law, Venue and Jurisdiction

These Terms of Service shall be governed by the substantive laws of the State of Michigan, without respect to its conflict of laws principles. Any claim or dispute between you and Company that arises in whole or in part from the Company Website Services shall be decided exclusively by binding arbitration or a court of competent jurisdiction, in accordance with the "Arbitration" section below, located in Traverse City, Michigan, and you hereby consent to, and waive all defenses of lack of personal jurisdiction over you and forum non convenient with respect to, venue and jurisdiction in the state and federal courts of Michigan.

Entire Agreement

These Terms of Service, together with the Privacy Policy and any other legal notices published by Company on the Website, shall constitute the entire agreement between you and Company concerning your use of the Company Website Services. If any provision of these polices or notices is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

YOU AND Company AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Company WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Arbitration

YOU AND Company AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE, THE WEBSITE AND/OR THE Company WEBSITE SERVICES SHALL BE FINAL AND BINDING ARBITRATION.

Either Company or you may demand that any dispute between Company and you about or involving the Company Website Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Traverse City, Michigan, USA, provided that the foregoing shall not prevent Company from seeking injunctive relief in a court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

Questions

Please contact us at: info@tctotalcrossfit.com with any questions regarding these Terms of Service.

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