Terms and Conditions

INTRODUCTION

These Terms and Conditions (“Terms” or “Terms and Conditions”) written on this webpage shall manage your use of our Underground Training Club - Training Program. The following terminology applies to these Terms and Conditions and Privacy Statement: “client”, “you” and “your” refers to you, the person who logs on this website. “Party”, “parties”, or “us”, refers to both the Client and ourselves.

These Terms will be applied fully and affect your use of this program. By using this program, you agree to accept all terms and conditions written here. You must not use this program if you disagree with any of these Terms and Conditions.

INTELLECTUAL PROPERTY RIGHTS

Other than the content you own, under these Terms, ImproveU owns all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

You are specifically restricted from all of the following:

  • Publishing any Website material in any other media;
  • Selling, sublicensing and/or otherwise commercializing any program material;
  • Publicly performing and/or showing any Website material;
  • Using this Website or the App in any way that is or may be damaging to this program, or ImproveU;
  • Using this Website or the app in any way that impacts user access to this Website or the App;
  • Using this Website or App contrary to applicable laws and regulations, or in any way may cause harm to any person or business entity;
  • Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website or the App; and,
  • Using this Website or the App to engage in any advertising or marketing.

We reserve the right to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon request. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Certain areas of this Website are restricted from being accessed by you and ImproveU may further restrict access by you to any areas of this Website, at any time, in its absolute discretion. Any user ID and password you may have for this Website or the App are confidential and you must maintain confidentiality as well.

In these Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display, upload, or otherwise provide to ImproveU through this Website or the App. By displaying Your Content, you grant ImproveU a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing any third-party’s rights. ImproveU reserves the right to remove any of Your Content from this Website at any time without notice.


NO WARRANTIES AND HEALTH DISCLAIMER

The Website and App are provided “as is,” with all faults, and ImproveU expresses no representations or warranties, of any kind related to this Website, the App, or the materials contained on this Website or on the App. Regular exercise is not always without risk, even for healthy individuals. Certain types of exercise are riskier than others and all exercise is risky for some individuals.

You are responsible for your own health and safety at all times. As such, by visiting and using this Website and the App you are agreeing to the following:

  • You acknowledge and agree that you have been assessed by a qualified medical professional (i.e. your doctor) who has given you consent to take part in physical activity.
  • You acknowledge and agree that before you choose a new or different type of workout or exercise program to follow, you have been assessed and given consent to follow that workout or exercise program by a qualified medical professional (i.e. your doctor).
  • You acknowledge and agree that all the information on the Website or App (whether written or in audio-visual format) is for general guidance purposes only and may not be suitable for you or anyone you share it with. ImproveU and its coaches are not medical professionals (unless otherwise noted). In no way should the exercise on the Website or App replace or in any way interfere with guidance given to you by a medical professional. If you fail to seek medical clearance or if you ignore medical advice, you do so at your own risk and no one associated with us shall hold any liability for damage and/or injury caused.
  • You acknowledge and agree that many of the exercises, workouts or training plans presented on the Website or App are not suitable for individuals who have not yet fully matured physically. Certain exercises, intensity levels and training volumes that may be suitable for fully mature adults can be harmful for children and adolescents. The exercises and training plans on the website are not recommended for anyone under the age of 14, though those under the age of 18 should consider taking extra precaution.
  • You acknowledge and agree that all forms of exercise carry an element of risk even if you have no underlying medical conditions and are of a suitable physical maturity. If you choose to follow any of the exercises, workouts or training plans presented on the Website or App you are choosing to participate in these risks at your own free will, knowingly and voluntarily exposing yourself to all the potential risks associated with such exercise activities.
  • You acknowledge and agree that if you harm yourself as a result of applying information on the Website or App, or harm someone else by passing on that information, you cannot hold anyone associated with the Website or App responsible. You acknowledge and agree that you apply information on this Website and the App completely at your own risk, knowing that you can harm yourself or another person, especially if you don’t seek the advice of a medical professional first.
  • You acknowledge and agree that you meet all the qualifications required of you to participate in this program.
  • If you do not agree with the points above, then you should not use any of the information on the Website or App.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the Website and the App and the use of this Website or the App. Nothing in this disclaimer will:

  • Limit or exclude our or your liability for death or personal injury as the result of gross negligence;
  • Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • Limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

ImproveU, including its coaches and other team members shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website or the App.

INDEMNIFICATION

You hereby agree to indemnify and hold harmless to the fullest extent ImproveU, its its coaches and other team members, from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

PAYMENT TERMS

In addition to these Terms, the terms of any payments made to ImproveU are also governed by our payment provider Stripe’s terms and conditions.

SEVERABILITY

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

VARIATION OF TERMS

ImproveU is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between ImproveU and you in relation to your use of this Website and the App, and supersede all prior agreements and understandings.

GOVERNING LAW & JURISDICTION

In the event a dispute arises in connection with performance of this Agreement, the Parties shall attempt to solve such dispute through friendly consultations. If no mutually acceptable settlement of such dispute is reached, such dispute shall be submitted to court within Broward County, State of Florida. The award by the court should be final and binding upon the Parties.

CONTACT INFORMATION

Should you have questions concerning these Terms, you can contact us at addresses below:


ImproveU

2719 Hollywood Blvd. Suite 5095. Hollywood, FL 33020

email: admin@erinandsarit.com

OTHER

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© 2021 Erin & Sarit.