Terms and conditions
Last Updated: January 23, 2025
Please carefully read these Terms and Conditions (“Terms”) before using www.phillypersonalfitness.com (the “Website”). The Website and its content are owned by Philly Personal Fitness LLC.
The following terms and conditions govern your browsing, viewing, access to, and/or use of the Website and/or the purchase and/or download of any Products and Services. These Terms constitute a legally binding agreement between you and Philly Personal Fitness LLC (“Company”, “we”, “our” or “us”).
By using this website, you accept and agree to be bound and abide by these Terms and Conditions and our PRIVACY POLICY, incorporated herein by reference. By using this website, you represent and warrant that you are at least 18 years of age. If you do not agree to our Terms and Conditions and Privacy Policy, or if you are not at least 18 years of age, you must not access or use the Website and/or Products and Services.
Definitions
“You” or “your” refers to any user, purchaser, or visitor of the Website.
“Content” means any and all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, contained on Website, including, but not limited to, emails received from Company, its representatives, and/or Website, and written or Downloadable material Purchased, viewed, or otherwise offered on Website, such as blog posts, graphics, designs, documents, information, templates, and materials.
“Products and/or Services” (also “Products” and/or “Services”) means the Website, its Content, and any templates, guides, forms, downloadable materials, programs, email list, social media posts, blog posts, website materials, courses, webinars, programs, or services offered on, accessed through, or Purchased and/or Downloaded via the Website.
“Purchase”, “Purchased”, “Purchasing”, “Download”, “Downloaded”, or “Downloading” means any Content or Products and/or Services you paid for and/or viewed, displayed, or copied to your computer, hard drive, cloud system, or another process of downloading data, from this Website and/or its Products and/or Services.
Updates to the Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, which will be reflected in the Last Updated date above, and apply to all access to and use of the Website and Services thereafter. Your continued use of the Website and Services following the posting of revised Terms and Conditions means that you accept and agree to the changes.
Intellectual Property Rights
The Website and its entire Content, features, and functionality are owned by the Company, its licensors, or any other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Limited License
If you view or access the Website or view, access, or Purchase Products and/or Services, you are considered our limited licensee (“Licensee”). As a Licensee, you agree and understand that the Website and its Content have been written, drafted, designed, created, invented, and developed by us after a significant investment of time, money, and other resources. Without prior express written authorization from us, you may not use the Website or its Content in any manner that is unauthorized, improper, against these Terms and Conditions or our Privacy Policy, or which violate United States intellectual property laws.
By submitting content, including information, documents, text, image, video, or audio, to Company and/or its representatives, via email or social media, you represent that you are the lawful owner of said content and the information contained therein.
Purchase & Access Terms
You shall not distribute, copy, forward, re-sell, or share Products, Services, Content, and/or anything Purchased or Downloaded from the Website. You shall not inadvertently share or distribute said materials. For clarity, you are prohibited from purchasing Content and forwarding (by email or in person), sharing, copying, displaying, or printing out any Content for anyone other than yourself.
Payment & Purchases
When you Purchase or Download one of our Products and/or Services from the Website or through our mobile application, you may choose from several payment options, including credit card or debit card. By doing so, you give Company and the Website permission to automatically charge your selected payment method.
Payment processing companies and merchants may have different privacy policies and practices than Company. Company is not responsible for the policies of payment processing companies and merchants. We are not liable or responsible for any circumstances beyond our control which may compromise your payment method. You hereby release Company and our payment processing services and merchants from any and all damages you may incur and further agree not to assert any claims against Company or them for any damages which arise from your Purchase or use of our Website and its Content.
Refund Policy
We are unable to offer a refund on any Product and/or Service once it has been Purchased. By purchasing and/or Downloading any of our Products and/or Services, you agree and understand that sales are final and that no refunds will be provided. All purchases, including private sessions, group classes, and memberships, are non-transferable. We are committed to providing high quality Products and/or Services and encourage you to reach out to us at [email protected] with any questions prior to completing your purchase.
Cancellation Policy
To respect our coaches’ time, a cancellation policy applies to both private sessions and group classes. If you need to cancel a private session, you must provide notice at least 24 hours prior to the session start time. If you cancel a private session with less than 24 hours’ notice, or are a no-show to the session, you will be charged the full amount for that session. If you need to cancel a group class, you must cancel the class in the mobile application at least 2 hours prior to the class start time. If you cancel a group class less than 2 hours prior to the class start time, or are a no-show to the class, you will (i) be charged a $15.00 cancellation fee if you hold an unlimited membership, or (ii) be charged a class from your class package if you are a class package holder.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
Additionally, you agree not to:
Content Standards
By using the Website and/or making any Purchase, you hereby agree not to:
Disclaimer of Reliance
By browsing, visiting, Purchasing, Downloading, or otherwise viewing the Website and/or engaging with, applying, and/or implementing the Products and/or Services, you understand and agree that the information and content therein is provided solely for educational, informational, or entertainment purposes, as applicable. The information and content therein is not intended to replace or act as a substitute for the advice, guidance, or counsel of a qualified professional, including but not limited to physicians, psychotherapists, attorneys, accountants, financial advisors, or any other licensed or certified professional as may be relevant to your circumstances.
You are responsible for consulting a qualified professional before making decisions that could impact your health, well-being, legal standing, finances, or business. Any reliance you place on such information is strictly at your own risk. We make no guarantees as to the accuracy, completeness, or suitability of any information or content provided through our Products, Services, or Website, and expressly disclaim any liability arising from your use or interpretation of the information provided. By proceeding, you accept full responsibility for any decisions made based on the information and content provided and agree to hold us harmless from any claims or liabilities resulting from your use of or reliance on the Website, Products or Services offered, and/or any information or content contained therein.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Company cannot and does not guarantee that such content is complete, accurate, free from errors, or up-to-date at all times. No reader, user, browser, or customer of this Website should act or refrain from acting on the basis of information on this Website without first seeking advice from a qualified professional.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Sharing the Website and Its Content
You must request and receive written permission by email at [email protected] before sharing the Website and/or its Content for commercial purposes. You may share the Website for personal purposes as long as you link directly to the homepage, and provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, ENFORCEABILITY, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, ITS CONTENT, OR ANY SERVICES, PRODUCTS, OR ITEMS OBTAINED OR PURCHASED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES, PRODUCTS, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your user contributions, any use of the Website’s Content, Products, and Services other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website.
Assumption of Risk
You agree and understand that you are to use your best judgment in the use of the Website, its Content, and the Products and Services. You agree that you are using the Website, Products, and/or Services at your own risk and that you assume all risks. You further agree that no results have been guaranteed by us or the Website, Products, and/or Services. The Website is purely educational and informational in nature.
You will not try to hold Company and/or its representatives responsible or liable at any time for your use of the Website or your Purchase, Download, use, application of, engagement with, or implementation of any of Company’s Products and/or Services.
Release
By using the Website or Purchasing, Downloading, or using Company’s Products and/or Services, you agree to release, forgive, and forever discharge Company, its officers, directors, attorneys, advisors, subsidiaries, employees, agents, contractors, subcontractors, affiliates, and representatives from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
No Claims Made Regarding Results
Any and all statements or examples, including, but not limited to, testimonials, used by us are simply examples. They are not guarantees that you will also experience or receive the same results.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Pennsylvania without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal and state courts located in Philadelphia, Pennsylvania. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms and Conditions or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court. The only award that can be issued to you is a refund of any payment made to Company for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Entire Agreement
The Terms and Conditions, Disclaimer, and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by Philly Personal Fitness LLC, 1140 Frankford Avenue, Philadelphia, PA 19125.
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: contact@phillypersonalfitness.
Please carefully read these Terms and Conditions (“Terms”) before using www.phillypersonalfitness.com (the “Website”). The Website and its content are owned by Philly Personal Fitness LLC.
The following terms and conditions govern your browsing, viewing, access to, and/or use of the Website and/or the purchase and/or download of any Products and Services. These Terms constitute a legally binding agreement between you and Philly Personal Fitness LLC (“Company”, “we”, “our” or “us”).
By using this website, you accept and agree to be bound and abide by these Terms and Conditions and our PRIVACY POLICY, incorporated herein by reference. By using this website, you represent and warrant that you are at least 18 years of age. If you do not agree to our Terms and Conditions and Privacy Policy, or if you are not at least 18 years of age, you must not access or use the Website and/or Products and Services.
Definitions
“You” or “your” refers to any user, purchaser, or visitor of the Website.
“Content” means any and all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, contained on Website, including, but not limited to, emails received from Company, its representatives, and/or Website, and written or Downloadable material Purchased, viewed, or otherwise offered on Website, such as blog posts, graphics, designs, documents, information, templates, and materials.
“Products and/or Services” (also “Products” and/or “Services”) means the Website, its Content, and any templates, guides, forms, downloadable materials, programs, email list, social media posts, blog posts, website materials, courses, webinars, programs, or services offered on, accessed through, or Purchased and/or Downloaded via the Website.
“Purchase”, “Purchased”, “Purchasing”, “Download”, “Downloaded”, or “Downloading” means any Content or Products and/or Services you paid for and/or viewed, displayed, or copied to your computer, hard drive, cloud system, or another process of downloading data, from this Website and/or its Products and/or Services.
Updates to the Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, which will be reflected in the Last Updated date above, and apply to all access to and use of the Website and Services thereafter. Your continued use of the Website and Services following the posting of revised Terms and Conditions means that you accept and agree to the changes.
Intellectual Property Rights
The Website and its entire Content, features, and functionality are owned by the Company, its licensors, or any other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Limited License
If you view or access the Website or view, access, or Purchase Products and/or Services, you are considered our limited licensee (“Licensee”). As a Licensee, you agree and understand that the Website and its Content have been written, drafted, designed, created, invented, and developed by us after a significant investment of time, money, and other resources. Without prior express written authorization from us, you may not use the Website or its Content in any manner that is unauthorized, improper, against these Terms and Conditions or our Privacy Policy, or which violate United States intellectual property laws.
By submitting content, including information, documents, text, image, video, or audio, to Company and/or its representatives, via email or social media, you represent that you are the lawful owner of said content and the information contained therein.
Purchase & Access Terms
You shall not distribute, copy, forward, re-sell, or share Products, Services, Content, and/or anything Purchased or Downloaded from the Website. You shall not inadvertently share or distribute said materials. For clarity, you are prohibited from purchasing Content and forwarding (by email or in person), sharing, copying, displaying, or printing out any Content for anyone other than yourself.
Payment & Purchases
When you Purchase or Download one of our Products and/or Services from the Website or through our mobile application, you may choose from several payment options, including credit card or debit card. By doing so, you give Company and the Website permission to automatically charge your selected payment method.
Payment processing companies and merchants may have different privacy policies and practices than Company. Company is not responsible for the policies of payment processing companies and merchants. We are not liable or responsible for any circumstances beyond our control which may compromise your payment method. You hereby release Company and our payment processing services and merchants from any and all damages you may incur and further agree not to assert any claims against Company or them for any damages which arise from your Purchase or use of our Website and its Content.
Refund Policy
We are unable to offer a refund on any Product and/or Service once it has been Purchased. By purchasing and/or Downloading any of our Products and/or Services, you agree and understand that sales are final and that no refunds will be provided. All purchases, including private sessions, group classes, and memberships, are non-transferable. We are committed to providing high quality Products and/or Services and encourage you to reach out to us at [email protected] with any questions prior to completing your purchase.
Cancellation Policy
To respect our coaches’ time, a cancellation policy applies to both private sessions and group classes. If you need to cancel a private session, you must provide notice at least 24 hours prior to the session start time. If you cancel a private session with less than 24 hours’ notice, or are a no-show to the session, you will be charged the full amount for that session. If you need to cancel a group class, you must cancel the class in the mobile application at least 2 hours prior to the class start time. If you cancel a group class less than 2 hours prior to the class start time, or are a no-show to the class, you will (i) be charged a $15.00 cancellation fee if you hold an unlimited membership, or (ii) be charged a class from your class package if you are a class package holder.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms and Conditions.
- To transmit, or procure the sending of, any advertising or promotional material or of any otherwise unwanted and/or unsolicited content.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Content Standards
By using the Website and/or making any Purchase, you hereby agree not to:
- Post or transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
- Post or transmit any material that is likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Disclaimer of Reliance
By browsing, visiting, Purchasing, Downloading, or otherwise viewing the Website and/or engaging with, applying, and/or implementing the Products and/or Services, you understand and agree that the information and content therein is provided solely for educational, informational, or entertainment purposes, as applicable. The information and content therein is not intended to replace or act as a substitute for the advice, guidance, or counsel of a qualified professional, including but not limited to physicians, psychotherapists, attorneys, accountants, financial advisors, or any other licensed or certified professional as may be relevant to your circumstances.
You are responsible for consulting a qualified professional before making decisions that could impact your health, well-being, legal standing, finances, or business. Any reliance you place on such information is strictly at your own risk. We make no guarantees as to the accuracy, completeness, or suitability of any information or content provided through our Products, Services, or Website, and expressly disclaim any liability arising from your use or interpretation of the information provided. By proceeding, you accept full responsibility for any decisions made based on the information and content provided and agree to hold us harmless from any claims or liabilities resulting from your use of or reliance on the Website, Products or Services offered, and/or any information or content contained therein.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Company cannot and does not guarantee that such content is complete, accurate, free from errors, or up-to-date at all times. No reader, user, browser, or customer of this Website should act or refrain from acting on the basis of information on this Website without first seeking advice from a qualified professional.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Sharing the Website and Its Content
You must request and receive written permission by email at [email protected] before sharing the Website and/or its Content for commercial purposes. You may share the Website for personal purposes as long as you link directly to the homepage, and provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, ENFORCEABILITY, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, ITS CONTENT, OR ANY SERVICES, PRODUCTS, OR ITEMS OBTAINED OR PURCHASED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES, PRODUCTS, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your user contributions, any use of the Website’s Content, Products, and Services other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website.
Assumption of Risk
You agree and understand that you are to use your best judgment in the use of the Website, its Content, and the Products and Services. You agree that you are using the Website, Products, and/or Services at your own risk and that you assume all risks. You further agree that no results have been guaranteed by us or the Website, Products, and/or Services. The Website is purely educational and informational in nature.
You will not try to hold Company and/or its representatives responsible or liable at any time for your use of the Website or your Purchase, Download, use, application of, engagement with, or implementation of any of Company’s Products and/or Services.
Release
By using the Website or Purchasing, Downloading, or using Company’s Products and/or Services, you agree to release, forgive, and forever discharge Company, its officers, directors, attorneys, advisors, subsidiaries, employees, agents, contractors, subcontractors, affiliates, and representatives from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
No Claims Made Regarding Results
Any and all statements or examples, including, but not limited to, testimonials, used by us are simply examples. They are not guarantees that you will also experience or receive the same results.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Pennsylvania without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal and state courts located in Philadelphia, Pennsylvania. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms and Conditions or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court. The only award that can be issued to you is a refund of any payment made to Company for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Entire Agreement
The Terms and Conditions, Disclaimer, and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by Philly Personal Fitness LLC, 1140 Frankford Avenue, Philadelphia, PA 19125.
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: contact@phillypersonalfitness.