Your Acceptance of these Terms of Use
Thank you for visiting the fort4fitness.org website (the "Site") of Fort-4-Fitness, Inc. ("Fort4Fitness"). By using the Site, you agree to comply with and be bound by all terms, conditions and notices contained or referenced in these Terms of Use and the Privacy Policy, which we also urge you to read. If you do not agree to these Terms of Use, you are prohibited from using the Site. Additional terms and conditions of use applicable to specific areas of the Site may also be posted in such areas and, together with these Terms of Use and the Privacy Policy, govern your use of those areas.
Copyrights
You acknowledge that all materials, information, images, products and services (the "Content") available on this Site, including the selection, coordination, arrangement and enhancement of such Content, as well as Content original to it, are protected by national and international copyright, trademark, service mark, patent, patent registration, trade secret, know-how or other proprietary rights and laws. In many cases, Fort4Fitness owns the Content. In other cases, Fort4Fitness has obtained permission from the licensor of the intellectual property to use the Content on this Site. Fort4Fitness and its licensors retain exclusive ownership and/or rights over all Content viewed or accessed on the Site. You may only use the Site or its Content as expressly permitted in these Terms of Use and for no other purpose.
Trademarks
Unless otherwise indicated, all logos, names, trade dress and marks on the Site or in the Content are trademarks or service marks of Fort4Fitness or used under license by Fort4Fitness. Other product and company names mentioned on the Site may be trademarks or service marks of their respective owners. The unauthorized use of any of these materials is strictly prohibited.
A Limited Right to Use
You agree to use the Site and its Content for lawful purposes and only as expressly permitted in these Terms of Use. Fort4Fitness only allows registration in its events to adults who can purchase with a credit card or other permitted payment method. If you are under 18 years old, you must have a parent, legal guardian, or attorney-in-fact register on your behalf for any events advertised on the Site. Fort4Fitness reserves the right to refuse service and cancel orders in its sole discretion.
Pricing: Prices in connection with the events advertised on this Site are firm and final. They are expressed in U.S. dollars. All taxes are included in the summary of the order. We reserve the right to have prices modified at any time, without notice and without any other formality, but items ordered are invoiced at the price in effect on the day of the order. We encourage you to print and maintain a copy of your purchase order for your records.
Payment: Payment for the events advertised on the Site, expressed in U.S. dollars, shall be made exclusively online through GetMeRegistered.com. Your credit card will be charged once the order is processed.
Refund/Return Policy: All sales are final. NO REFUNDS WILL BE GIVEN FOR PURCHASES MADE.
Except where otherwise noted, Fort4Fitness grants you a limited, nonexclusive license to view, download or print individual pages, graphics, forms, documents and other Content from the Site solely for your own personal, noncommercial purpose and not for sale, license, rent, distribution, republication, reproduction, transmission, public display or performance, preparation of derivative works or any other exploitation of the Site's Content, in whole or in part. You may not retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without Fort4Fitness's prior, written authorization. We post copyright, legal and other proprietary notices on the Site's webpages. The notices or credits must remain intact and must not be removed. Fort4Fitness may revoke this license at any time.
Communications
Any communications or material of any kind that you e-mail, post or otherwise transmit through the Site, including all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials ("Your Communications") will be treated as non-confidential and non-proprietary. You hereby grant a license to Fort4Fitness to reproduce, disclose, transmit, publish, broadcast or post Your Communications either on the Site or elsewhere with no liability or obligation to you. Fort4Fitness and its affiliates, licensors and agents are free to use any ideas, concepts, know-how or techniques contained in Your Communications for any purpose including without limitation developing and marketing products using such information.
You agree that Your Communications: (a) will not be fraudulent; (b) will not infringe any third party's copyright, patent, trademark, trade secret or other intellectual property, proprietary rights, rights of publicity or privacy rights; (c) will not violate any law, statute, ordinance or regulation (including without limitation those governing consumer protection, unfair competition, anti discrimination or false advertising); (d) will not be defamatory, trade libelous, threatening or harassing; (e) will not contain any viruses, "Trojan horses", worms, time bombs, cancelbots or other computer programming or routines that are directly intended or indirectly result in damage, detrimentally interfere with, surreptitiously intercept or expropriate any equipment, system, data or personal information; and (f) will not otherwise violate these Terms of Use.
Fort4Fitness generally does not pre-screen, monitor, or edit communications transmitted by users or third parties. However, Fort4Fitness and its agents have the right, at their sole discretion, to remove Your Communications from the Site. Fort4Fitness is not responsible for any failure or delay in removing such communications.
Links to Third Party Sites
The Site may contain links to websites operated by third parties ("Third Party Sites") that are not under Fort4Fitness's influence or control. As such, Fort4Fitness is not responsible for the content of Third Party Sites. We provide links to Third Party Sites only as a courtesy to our visitors, and such links do not imply our endorsement or support of any linked Third Party Site, the content on the Third Party Site, any organization sponsoring or participating on the Third Party Site or any product or service offered through the Third Party Site.
Fort4Fitness makes no representations and assumes no responsibility whatsoever for any third party content, any content that you may access from a Third Party Site through subsequent links or any content from any website from which you may access this Site. These Terms of Use and the Privacy Policy are only applicable to this Site and do not apply to linked Third Party Sites. Please review the linked Third Party Site's terms of use and privacy policies, and if you do not agree to be bound by the terms or policies governing the linked site, we recommend that you terminate your visit to the Third Party Site.
Links to the Site
Fort4Fitness has no objection to links made from Third Party Sites to the Site, provided that such links may only be to the homepage of the Site. You also agree to comply with the following requirements: you may not frame or alter the appearance of the Site; you may not state or imply that Fort4Fitness endorses, sponsors or otherwise approves of your Third Party Site or any other website; you may not use any Fort4Fitness trademarks or logos without the prior written consent of Fort4Fitness; and you must abide by all other Terms of Use set forth herein.
Disclaimer of Warranties
ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. NEITHER FORT4FITNESS NOR ITS EMPLOYEES, OFFICERS, TRUSTEES, MEMBERS, BOARD MEMBERS, COMMITTEE MEMBERS, VOLUNTEERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE IS ACCURATE, COMPLETE, RELIABLE OR CORRECT; THAT THE SITE, OR ANY LINKED THIRD PARTY SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORT4FITNESS OR ITS EMPLOYEES, OFFICERS, TRUSTEES, MEMBERS, BOARD MEMBERS, COMMITTEE MEMBERS, VOLUNTEERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY TO USE THE SITE, SITE CONTENT OR ANY PRODUCTS, SERVICES OR EVENTS DESCRIBED THEREIN, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR PRODUCTS, SERVICES, EVENTS OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
Indemnification
You agree to defend, indemnify and hold Fort4Fitness and its employees, officers, trustees, members, board members, committee members, volunteers, agents, consultants, contractors and licensors harmless from and against any and all liabilities, claims and expenses, including without limitation attorney fees, that arise from your use of the Site or its Content or your participation in events described therein, including without limitation your violation of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.
Termination of Service
You agree that Fort4Fitness, in its sole discretion, may terminate your use of the Site, and remove and discard any Content within the Site, for any reason, including without limitation for lack of use or if Fort4Fitness believes that you have violated or acted inconsistently with these Terms of Use. Fort4Fitness reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability. Fort4Fitness may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database or Content, without prior notice or liability.
International Use
All materials on this Site are provided solely for the purpose of promoting Fort4Fitness's operations and products in the United States and its territories. By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Fort4Fitness makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where such activity is illegal is strictly prohibited.
Choice of Law and Remedies
The Terms of Use shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Indiana, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any claim or action between you and Fort4Fitness with respect to the Terms of Use, the Privacy Policy or the Site, you agree that Fort4Fitness will be entitled to recover its costs and expenses (including without limitation attorney fees) in addition to any other remedy available at law, in equity or otherwise, if Fort4Fitness is successful in the prosecution or defense of such claim or action.
Entire Agreement
These Terms of Use and the Privacy Policy, along with other terms and conditions governing use of specific areas of the Site, constitute the entire agreement between you and Fort4Fitness with respect to the Site and supersede all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of these Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used in the Terms of Use are for convenience only and shall not be given any legal import. No waiver of any provision of these Terms of Use may be implied from any failure by Fort4Fitness to assert its rights under these Terms of Use on any occasion or series of occasions.
Changes to the Terms of Use
Fort4Fitness reserves the right to change the Terms of Use from time to time. We urge you to review the Terms of Use from time to time, as your continued use of the Site indicates your agreement to the revised terms. Any changes to the Terms of Use will become effective immediately upon being posted on the Site, unless otherwise indicated.
Contact Us
We welcome your comments, questions or concerns. You may contact us at [email protected].