Freakn'Fit Terms of Service
Last Updated: March 28, 2023
Welcome to Freakn'Fit (the "Website"). The Website is owned and operated by LMN Investments, LLC/DBA FreaknFit . ("Freakn'Fit," "we," "us," or "our"). By accessing or using our Website, you ("you," "your," or "User") agree to be bound by these Terms of Service (the "Terms"). Please read these Terms carefully before using the Website.
Acceptance of Terms
By accessing or using the Website, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, please do not use the Website.
Changes to the Terms
We may update these Terms from time to time. The date of the last revision will be posted at the top of this page. Your continued use of the Website after any changes to the Terms have been made constitutes your acceptance of the updated Terms.
To access certain features of the Website, you may be required to create a user account ("Account"). You agree to provide accurate and current information when creating your Account and to keep this information up-to-dateYou are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account.
By using the Website, you agree not to:
a. Use the Website for any illegal, fraudulent, or unauthorized purpose;
b. Interfere with or disrupt the operation of the Website, including but not limited to, transmitting any viruses, worms, or other malicious code;
c. Copy, modify, distribute, or create derivative works from any part of the Website without our prior written consent;
d. Use any automated tools, such as bots or scrapers, to access or collect data from the Website;
e. Harass, intimidate, or defame any individual or entity;
f. Infringe on the rights of others, including but not limited to, intellectual property rights;
g. Violate any applicable laws, regulations, or guidelines.
Content and Intellectual Property
All content on the Website, including but not limited to, text, images, logos, graphics, and software, is the property of Freakn'Fit or its content suppliers and is protected by applicable copyright, trademark, and other intellectual property laws. You may not use, copy, reproduce, distribute, or create derivative works from any content on the Website without our prior written consent.
The Website may contain links to third-party websites or resources. These links are provided for your convenience only and we do not endorse, approve, or assume any responsibility for the content, products, or services provided by these third-party websites or resources. Your use of and reliance on any third-party websites or resources is at your own risk.
Disclaimer of Warranties
The Website is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. Freakn'Fit does not warrant that the Website will be uninterrupted, error-free, or free from viruses or other harmful components.
Limitation of Liability
In no event shall Freakn'Fit, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, or goodwill, arising out of or in connection with your access to, use of, or inability to use the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not Freakn'Fit has been advised of the possibility of such damages.
You agree to indemnify and hold harmless Freakn'Fit, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Website or your violation of these Terms.
Freakn'Fit reserves the right, in its sole discretion, to terminate your access to the Website and your Account at any time, with or without notice, for any reason, including but not limited to, your violation of these Terms.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Freakn'Fit is located, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in the same jurisdiction as Freakn'Fit and waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be enforced to the maximum extent permitted by law.
No waiver of any provision of these Terms by Freakn'Fit shall be deemed a further or continuing waiver of such provision or anyother provision, and any failure by Freakn'Fit to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, along with any additional terms and conditions that may be referenced herein or that you may agree to in connection with specific features of the Website, constitute the entire agreement between you and Freakn'Fit with respect to the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website.
If you have any questions or concerns about these Terms, please contact us at:
100B Marland Ave
Mars, PA 16037
You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Freakn'Fit. Freakn'Fit may assign or transfer these Terms, in whole or in part, without restriction.
Freakn'Fit shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Any notices or other communications provided by Freakn'Fit under these Terms will be given by posting on the Website or by sending an email to the email address associated with your Account. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
By using the Website, you consent to receive electronic communications from Freakn'Fit. These communications may include notices about your Account and information concerning or related to the Website. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
We welcome your feedback, comments, and suggestions for improvements to the Website. By submitting any feedback or suggestions, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and incorporate your feedback and suggestions into the Website or our products and services without any compensation to you.
The headings used in these Terms are for convenience only and do not limit or otherwise affect the meaning of the provisions.
No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms. Except as expressly provided herein, only you and Freakn'Fit may enforce these Terms.
Any provisions of these Terms that by their nature should survive termination or expiration of these Terms, including but not limited to, Sections (Content and Intellectual Property), (Limitation of Liability), (Indemnification), (Governing Law and Jurisdiction), and (Assignment), shall survive such termination or expiration.
In the event that any provision of these Terms is determined to be ambiguous or unclear, such provision shall be interpreted in a manner that most closely reflects the original intent of the parties, and in no event shall any such interpretation be construed against Freakn'Fit based on the doctrine of contra proferentem or any similar rule of construction.
By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use the Website.
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