TERMS OF SERVICES
Last Revision: 02-Sep-2017
- Acceptance of this Agreement
By accessing the website at https://www.acfitacademy.com/, herein referred to as “Website”, solely owned by Acfit Academy For Fitness Professionals, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. The materials contained in this website are protected by applicable copyright and trademark law.
- Modifications to this Agreement
Acfit Academy For Fitness Professionals may make changes to this Agreement from time to time in its sole discretion, and will post any such changes on the Website. Your continued use of the Website constitutes your acceptance of any such changes.
- Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Acfit Academy For Fitness Professionals’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
– modify or copy the materials;
– use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
– attempt to decompile or reverse engineer any product or software or content including but not limited to data, image, brochures etc. contained on Acfit Academy For Fitness Professionals’s website;
– remove any copyright or other proprietary notations from the materials; or
– transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Acfit Academy For Fitness Professionals at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- Proprietary Rights
You agree that content available through the Website, including without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors or third party advertisers, is protected by copyrights, trademarks, Website marks, patents or other proprietary rights and laws. Except as expressly authorized by Acfit Academy For Fitness Professionals or the applicable supplier, sponsor or advertiser, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer or create derivative works based on the Website or any content (including without limitation any software) available through the Website.
- Accuracy of materials
The materials appearing on Acfit Academy For Fitness Professionals’s website could include technical, typographical, or photographic errors. Acfit Academy For Fitness Professionals does not warrant that any of the materials on its website are accurate, complete or current. Acfit Academy For Fitness Professionals may make changes to the materials contained on its website at any time without notice. However Acfit Academy For Fitness Professionals does not make any commitment to update the materials.
- Disclaimer of Warranties
You expressly understand and agree that your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, Acfit Academy For Fitness Professionals expressly disclaims all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose and non-infringement.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
Acfit Academy For Fitness Professionals has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Acfit Academy For Fitness Professionals of the site. Use of any such linked website is at the user’s own risk. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements.
- Limitations of Liability
You expressly understand and agree that under no circumstances, including, without limitation, negligence, shall Acfit Academy For Fitness Professionals or its parents, subsidiaries, affiliates, officers, directors, employees, agents, or suppliers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, use, data, goodwill or other intangibles, even if Acfit Academy For Fitness Professionals or its supplier has been advised of the possibility of such damages, resulting from: (1) the use or the inability to use the Website, (2) the cost of procurement of substitute goods or products or content or softwares or websites resulting from any goods, data, information or websites purchased or obtained or messages received or transactions entered into by means of or through the Website, (3) unauthorized access to or alteration of your transmissions or data, (4) the statements or conduct of any third party on the Website, or, (5) any other matter relating to the Website.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above may not apply to you.
You will release, indemnify, defend and hold harmless Acfit Academy For Fitness Professionals, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Acfit Academy For Fitness Professionals. When Acfit Academy For Fitness Professionals is threatened with suit or sued by a third party, Acfit Academy For Fitness Professionals may seek written assurances from you concerning your promise to indemnify Acfit Academy For Fitness Professionals your failure to provide such assurances may be considered by Acfit Academy For Fitness Professionals to be a material breach of this Agreement. Acfit Academy For Fitness Professionals will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Acfit Academy For Fitness Professionals choice at its expense. Acfit Academy For Fitness Professionals will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Acfit Academy For Fitness Professionals against any claim, but you must receive Acfit Academy For Fitness Professionals prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
- Entire Agreement
This Agreement comprises the entire agreement between you and Acfit Academy For Fitness Professionals and supersedes any prior agreements pertaining to the subject matter contained herein.
- Effect of Waiver
The failure of Acfit Academy For Fitness Professionals to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- Governing Law and Jurisdiction
This Agreement will be governed by the laws of the of India without regard to its conflict of law principles to the contrary. Neither you nor Acfit Academy For Fitness Professionals will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in city of Chennai. By using this Website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
- Statute of Limitation
You agree that regardless of any statute or law to the contrary, You agree that any claim or cause of action arising out of your use of the Website or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Any failure by Acfit Academy For Fitness Professionals to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
- Waiver of Class Action Rights.
By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this Agreement must be asserted individually.