TERMS AND CONDITIONS
INTRODUCTION
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS ATLAS FITNESS WEB SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS SITE. CHANGES TO TERMS AND CONDITIONS WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
COPYRIGHT AND TRADEMARKS This site is owned and operated by atlasfitnessmt.com. This site contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by atlasfitnessmt.com, and its licensors or other owners as indicated on this website. You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of this site in any way, this content is for your personal, non-commercial use only, you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.
CHILDREN Our Services are not designed for use by children. By using atlasfitnessmt.com, or purchasing any of the Services offered here, you agree and warrant that you are 18 years old or older.
LIMITATION OF LIABILITY Any and all information provided on this web site is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non infringement or arising from a course of dealing, usage trade or practice. Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you. In addition, the materials contained in this Site could contain technical inaccuracies or typographical errors. Changes are periodically added to the information herein. atlasfitnessmt.com uses reasonable efforts to include accurate and timely information on this web site and periodically updates the information without notice. However, atlasfitnessmt.com makes no warranties or representations as to the accuracy or completeness of such information, and atlasfitnessmt.com assumes no liability or responsibility for errors or omissions in the content of this web site. Your use of this web site is AT YOUR OWN RISK. Under no circumstances and under no legal theory shall atlasfitnessmt.com be liable to you or any other person for any direct, indirect, special, incidental, exemplary, or consequential damages arising from your access to, or use of, this web site. atlasfitnessmt.com also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing within this Site, or your downloading of any materials, data, text, images, video, or audio from this Site. In no event shall atlasfitnessmt.com be liable for any incidental or consequential damages, lost profits, or lost data or any indirect damages, even if atlasfitnessmt.com has been informed of the possibility thereof.
MEDICAL WARNING, DISCLAIMER, AND RELEASE
The content of the atlasfitnessmt.com is provided for information purposes only. While obtained from sources that atlasfitnessmt.com believes to be reliable, atlasfitnessmt.com does not guarantee the accuracy of, or assume any liability for, the content of any articles, product descriptions or other materials on the site. atlasfitnessmt.com does not guarantee or warrant any specific test, product, or procedure presented on the site, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATED THERETO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. Reliance upon any information or use of any products presented on the atlasfitnessmt.com site is solely at your own risk. Neither the content of, nor any service offered on or through atlasfitnessmt.com, should be relied upon for medical diagnosis, treatment or as a substitute for professional medical advice. atlasfitnessmt.com is not engaged in the rendering of medical advice or services. Never disregard medical advice or delay seeking such advice because of something that you read on atlasfitnessmt.com. By your use of this site, you certify that (1) you have read and agree to the above terms; (2) you have received consent from your physician to participate in these activities and use these products; (3) acknowledge that you do so voluntarily and at your own risk; and (4) agree to release and relieve atlasfitnessmt.com of any and all liability for any injuries, claims or damages arising out of your use thereof.
INDEMNITY
You agree to indemnify and hold atlasfitnessmt.com and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
PRIVACY POLICY
Your privacy is important to atlasfitnessmt.com. By agreeing to this User Agreement, you also consent to the privacy practices detailed in our Privacy Policy, which may be modified as set out in the Privacy Policy. To the extent you are covered by laws requiring your consent for data transfer to the United States, you agree that your data may be transferred to the United States and collected and used accordance with our Privacy Policy. You can find the current privacy policy here Privacy Policy PASSWORD AND SECURITY You are responsible for maintaining the confidentiality of any password(s) you are given to access the site, and are fully responsible for all activities that occur under your password(s). You agree to notify atlasfitnessmt.com immediately of any unauthorized use of your password(s). atlasfitnessmt.com is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of this web site, you agree that you will not use this web site or the information or software contained in it for any purpose that is unlawful or prohibited by the terms and conditions listed.
LINKS TO OTHER SITES
The web site, or third parties on the web site, may provide links to other sites and/or resources, including advertisers, over which we have no control. These links are provided solely as a convenience to users to the web site and should not be construed as an endorsement by us of content, items, or services on those third-party web sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. We make no representations or warranties with respect to the content, personal information collection practices, ownership, or legality of any such linked web sites. You agree that we have no responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products, or other materials available through such sites or resources. We shall have no liability to you for any loss or damage suffered by you as a result of linking to any site from the Web Site to the maximum extent permitted by law.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of Montana, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of atlasfitnessmt.com, products) shall be in the state or federal courts located in Lewis & Clark County, USA. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of atlasfitnessmt.com products) must be commenced within one (1) year after the claim or cause of action arises. atlasfitnessmt.com failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. atlasfitnessmt.com may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. atlasfitnessmt.com may modify these terms and conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you. Acknowledgment of Risk and Hold Harmless Agreement I hereby acknowledge that I have voluntarily chosen to participate in the various trainings offered by atlasfitnessmt.com, Atlas Fitness, LLC including, but not limited to, Aerobic/Martial Arts classes as well as my own personal training (hereinafter called “training”). I understand the risks involved in the training. I recognize that the training and its activities involves risk of injury and I agree to accept any and all risks associated with it, including but not limited to property damage and loss, minor bodily injury, severe bodily injury, and death. Furthermore, I recognize that participation in training involves activities and risks incidental thereto, including but not limited to, training, and practice.
I AM VOLUNTARILY PARTICIPATING IN THE PROGRAM WITH THE KNOWLEDGE OF THE RISKS INVOLVED AND HEREBY AGREE TO ACCEPT ANY AND ALL INHERENT RISKS OF PROPERTY DAMAGE, BODILY INJURY, OR DEATH.
In consideration of my participation in the training and to the fullest extent allowed by the law, I agree to indemnify, defend and hold harmless atlasfitnessmt.com and Atlas Fitness, LLC, their officers, directors, employees, agents, volunteers and assigns from and against any and all claims arising out of or resulting from my participation in training. In addition, I hereby voluntarily hold harmless atlasfitnessmt.com and Atlas Fitness, LLC, their officers, directors, employees, agents, volunteers and assigns from any and all claims, both present and future, that may be made by me, my family, estate, heirs, or assigns. I further understand that this acknowledgement of risk and hold harmless is intended to be as broad and inclusive as permitted by the laws of the State of Montana and that if any portion of this agreement is held invalid, I agree that the remainder shall continue in full legal force and effect.
Membership and Payment: I agree my membership is to access posted workout videos and information provided by atlasfitnessmt.com and Atlas Fitness, LLC and I agree not to share any information or videos with anyone as the content of the membership is for my personal use only.
I understand my membership is non-refundable.
