Rozzie Fitness Terms & Conditions
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AND IN THEIR ENTIRETY.
These Terms & Conditions are here to clearly explain the rules, terms, and conditions of using or browsing the Site, as that term is defined below, or purchasing or downloading any Content, as that term is defined below, offered on the Site.
IMPORTANT NOTES: By using the Site in any capacity, you voluntarily agree to these Terms & Conditions regardless whether you have read them. You must be at least 18 years old and be able to consent to these Terms & Conditions to use the Site. If you are under the age of 18, or you do not agree with these Terms & Conditions, please STOP now and do not use the Site or its Content. These Terms & Conditions contain an arbitration clause that requires you to dispute or resolve any claim with us through arbitration. By agreeing to these Terms & Conditions, you agree to the arbitration clause in Section 15 and voluntarily waive your right to a jury trial.
If you have any questions about these Terms & Conditions, please contact Lianna DeBor at info@rozziefitness.com.
Definitions:
“Company”, “We”, “Our”, or “Us” means Rozzie Fitness, LLC.
“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from the Company or its employees or independent contractors and any and all written or downloadable material purchased, viewed, or otherwise offered by the Company, such as blog posts, graphics, newsletters, designs, documents, information, templates and materials.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, credit card information, and Site behavior.
“Site” means www.rozziefitness.com; Rozzie Fitness’s TeamUp, Eventbrite, Instagram, Facebook, LinkedIn, and Nextdoor pages; and anywhere else we interact with you online.
“You” or “Your” means the user, customer, or viewer of the Site.
2. Consent:
By using the Site or making any purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions and our Privacy Policy.
By using the Site, you represent and warrant that you are at least 18 years old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions.
3. Site Rules:
By using the Site, you agree NOT to:
Abuse or harass any person through or on the Site.
Post or transmit on the Site obscene, offensive, libelous, defamatory, pornographic, or abusive content, or any content that infringes our intellectual property rights or those of another person, website, or company.
Use the Site in any way or for any purpose which violates any law of the United States or the jurisdiction in which you use the Site.
Post or transmit on the Site any “spam” or unwanted, unsolicited content.
Post on the Site copyrighted materials, photographs, or content which do not belong to you.
Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.
4. DISCLAIMER:
We provide personal training services. We do not provide services as a nutritionist, therapist, or licensed medical professional. Moreover, the Site and Content are intended for informational and educational purposes only. By accessing and using the Site and Content, you agree that the Site and Content are not professional advice and that you will not rely on them as such. You must discuss and clear any and all changes to your lifestyle, food intake, exercise regimen, or medical treatment with your physician before implementing changes or habits that we suggest.
5 . Changes To These Terms & Conditions:
We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page.
6. Links to Third-Party or External Websites:
The Site may contain website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. We are not liable for any of the information contained on the third-party or external websites. We are not responsible for the way they handle your personal information or whether they have a privacy policy. You are responsible for reading and agreeing to, or expressing disagreement with, any external website’s privacy policy and terms & conditions.
From time to time, we link to products or services we love using affiliate links. We may receive a small percentage or fee for referring you to any product you may purchase from one of those sites. These small fees help sustain our small business. We truly appreciate your support.
7. Intellectual Property Ownership:
The Site and its Content are intellectual property owned solely by the Company. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
8. Our Limited License to You:
If you view, access, or purchase Content, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Content has been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Content is extremely valuable to us, both professionally and personally, and we take the protection of our Content very seriously.
You may not use the Content in any manner that is unauthorized, improper, against these Terms & Conditions or our Privacy Policy, or in violation of U.S. intellectual property laws.
9. Your License to Us:
By commenting on the Site, or submitting documents to us via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and the information they contain. You grant us a license to use your comments or submissions in any way we see fit for our business purposes.
10. Purchase & Access Terms:
You agree and understand that you cannot distribute, copy, forward, or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your Site password (if any).
11. Sharing the Site & Its Content:
You must request written permission by email to info@rozziefitness.com, and receive permission, before sharing our Site and its Content for commercial purposes. You may share the Site for personal purposes, but we ask that you link directly to the Site. You must give us and the Site credit by linking to the Site and its Content if you share the Site or Content, including photographs, on social media. Because the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with us.
12. No Claims Made Regarding Results:
Any and all current- or past-client testimonials, statements, or examples that we use are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client.
We may feature sponsored blog posts. If we do, we will clearly state that the post is sponsored and by whom. Although we are committed to featuring sponsored content from only companies or products we have tried and loved, we make no warranties, guarantees, or representations as to the effectiveness or safety of said products or services. You should use them at your own risk and make all the appropriate investigations to feel comfortable using them. Please feel free to email us at info@rozziefitness.com if you have any questions about our sponsored posts.
Any links to, mentions of, or features of various companies, products, or services are not in any way an endorsement of said company, product, or service. We do not guarantee your success, satisfaction, or safety with respect to said company, product, or service. You should use or do business with one of those companies, products, or services only after you have independently investigated it, assessed the applicable risk, and determined you would like to use or try it.
13. No Warranties, Guarantees, or Representations Are Being Made:
The Content is offered “AS IS” and without warranties of any kind, either express or implied, to the extent permitted by law.
14. Errors & Omissions:
Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, we do not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence or consult with a professional to ensure that all information you receive, act upon, or rely on from the Site and from our services is accurate and up-to-date.
15. ARBITRATION CLAUSE:
If you have any complaint or if any issues arise in the use of the Site or Content, please first contact us directly by emailing Lianna at info@rozziefitness.com.
If we are unable to amicably resolve your dispute, you agree that any dispute arising out of or related to the Site, Content, these Terms & Conditions or the breach thereof, or our Privacy Policy shall be resolved by and through an arbitration proceeding conducted under the auspices of the American Arbitration Association (“AAA”) in Boston, MA, in as expedited a manner as is then permitted by the AAA’s rules; you agree to submit any such dispute solely and exclusively to the AAA. The arbitration proceeding shall be conducted under the commercial arbitration rules and procedures (formal and informal) of the AAA. The arbitration shall be governed by Massachusetts law without regard to conflict-of-law principles. Both the foregoing agreement of the parties to arbitrate, and the results, determinations, findings, judgments or awards rendered through any such arbitration, shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court that would otherwise be available to you if not for this arbitration clause.
16. Consent to Governing Law:
Any dispute arising out of or related to the Site, Content, these Terms & Conditions or the breach thereof, or our Privacy Policy shall be governed by the laws of the Commonwealth of Massachusetts without reference to choice-of-law principles.
17. Consent to Jurisdiction:
Any dispute arising out of or related to the Site, Content, these Terms & Conditions or the breach thereof, or our Privacy Policy shall be brought within the Commonwealth of Massachusetts.
18. Consent to Service:
Process may be served on you in any manner authorized by the laws of the Commonwealth of Massachusetts.
19. Limitation of Liability:
We are not responsible or liable in any way for any damages you receive directly or indirectly from your use of the Site or the Content. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid but not earned for the service or product at issue. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
20. Defense & Indemnification:
You shall release, indemnify, and hold harmless the Company, including the Company’s managers, officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to the Site, Content, these Terms & Conditions or the breach thereof, or our Privacy Policy.
21. Termination of Your Use:
At our sole discretion, we may terminate your use or access to the Site and Content, including purchases and downloads, if you abuse, violate, or breach these Terms & Conditions, our Privacy Policy, or any other terms to which you have agreed.
22. Entire Agreement:
Until the time of purchase, these Terms & Conditions and our Privacy Policy constitute the entire agreement between you and us with respect to the Site and Content, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site and Content. At time of purchase this Agreement still applies, but new agreements may be added to it, such as a membership agreement or terms of use.
23. Severability:
The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions is rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
24. Your Privacy & Security on the Site:
Please read our Privacy Policy for how we handle your personal information.
25. SMS Policy:
When opted in, you will receive SMS messages from us to the mobile number you provide. These messages may include offers, coupons, or other information.
You can opt out of this service at any time by texting STOP in response to a message sent from us. After you text STOP to us, we may send you an SMS reply to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to receive SMS messages again, you can sign up as you did the first time or text START to us.
If you experience any issues, you can reply to a message sent from us with the word HELP or contact us using the below contact information.
Carriers are not liable for delayed or undelivered messages.
Message and data rates may apply for any messages sent to you from us and to us from you.
If you have any questions about your text plan or data plan, please contact your wireless provider.
25. Contact Us:
If you have any questions regarding these Terms & Conditions, you may contact us using the following information:
Rozzie Fitness, LLC
Website: www.rozziefitness.com (see contact form)
Mailing Address: 119 Belgrade Ave., Roslindale, MA 02131
Email: info@rozziefitness.com
Updated on 9/20/2023