1. Grant of License
Upon acceptance of these TOU, Cassie Gruber Fitness grants to you a personal, revocable, limited, non-exclusive, non-transferable license to use the Sites and Services, conditioned on your continued compliance with these TOU and the terms herein. You may only access, view, utilize, print and download materials and information from the Sites solely for personal use; provided, however, that any hard copies must continue to contain all copyright or trademark information, and your use of such hard copies must continue to comply with the limitations of these TOU.
2. Disclaimer of Medical Advice
The Sites and Services offer health, fitness and nutrition related information, but are designed for informational purposes only. Cassie Gruber Fitness and its officers, contributors, employees, agents and affiliates disclaim any warranties or representations of medical diagnosis or advice. This information should not be relied on as a substitute for, nor does it replace professional medical advice, diagnosis, or treatment. Nothing stated or posted on the Sites or available through any Service is intended to be, nor is it represented to be, the practice of medicine, licensed dietary advice or counseling care. You must consult with a physician, dietitian, or other healthcare professional with regard to review of, concerns about, or questions about your health or the content of the Sites or Services. THE USE OF THE SITES, THE SERVICES, AND ANY INFORMATION PROVIDED BY CASSIE GRUBER FITNESS IS SOLELY AT YOUR OWN RISK. ACCESS TO THE SITE AND SERVICES DOES NOT CREATE A PHYSICIAN/PATIENT, CONFIDENTIAL, OR PRIVILEGED RELATIONSHIP, OR ANY OTHER FIDUCIARY RELATIONSHIP BETWEEN YOU AND CASSIE GRUBER FITNESS.
3. Requirements for Use
The Sites and the Services may not be accessed by minors (persons under 18 years of age). In accepting these TOU, you acknowledge that you are at least 18 years old and are not subject to any restriction, disability, or mandate which would prohibit you from entering into this legal contractual relationship with Cassie Gruber Fitness. The Sites and Services are not intended for children under the age of 13 and children under the age of 13 should not use the Sites and Services.
4. Registration and Use
In addition to the content offered to the general public, users may obtain access to enhanced content by becoming a paying subscriber. Such subscription shall at all times continue to be subject to these TOU.
In order to become a subscriber, as well as to purchase certain products or services that may be offered for sale on the Sites or through the Services, you will be asked by Cassie Gruber Fitness or an authorized third-party payment agent to supply certain information, including without limitation, your full name, address, telephone number and credit card information, along with any other requested information. You represent and warrant that any such information provided shall be accurate, complete and current. You shall be responsible for all charges incurred through your account as well as for paying for any applicable taxes. You acknowledge that in subscribing to the site, you have agreed to a monthly automatic billing subscription. Should you wish to cancel your subscription, you must provide at least thirty (30) days’ advance notice prior to the end of the term to Cassie Gruber Fitness by emailing a statement of your desire to terminate your subscription, including your reason for cancellation, to email@example.com. In the event that a termination request is not provided at the email address listed herein at least (30) days prior to the end of the term or the (1) of each month falls prior to the end of the (30) days notice, you agree that we or our third-party payment agent may automatically invoice your account for the following month. Monthly billing will apply for the full 30-days following the receipt of your termination request. Monthly installments shall be automatically deducted via a recurring payment one (1) month in advance for all subscription services. You acknowledge and agree that you are responsible for the charges for each term in its entirety, unless termination notice is given in compliance with this Section.
Cassie Gruber Fitness reserves the right to increase charges or fees, or to institute new charges or fees at any time, upon advance notice communicated through a posting on the Site, or by such other means as we deem appropriate in our sole discretion. You agree to immediately notify Cassie Gruber Fitness of any change in your billing address or credit card information which is used for payment hereunder. Receipt of payment for the subscription is a condition to continued subscription. If the payment cannot be charged to the credit card which you have provided for any reason, including a chargeback, we reserve the right to suspend or terminate your subscription or access to the Sites or Services immediately. In addition, you agree that in the event we are unable to collect fees or charges which are owing, we may take any other steps deemed necessary to collect such fees, in which case you shall be responsible for all costs and expenses incurred in connection with such collection including, but not limited to, collection fees, interest which shall accrue on the outstanding balance at 1-1/2% per month (or the highest rate allowed by law) court costs, and attorney’s fees. To review the billing terms on your account or to terminate a subscription service, you may email firstname.lastname@example.org.
You acknowledge and agree that the Sites and Services contain proprietary and confidential information that is protected by applicable intellectual property laws and other regulations. The content of the Sites and Services are the sole property of Cassie Gruber Fitness or in the case of third-party materials, its licensors, third-party partners, or the third-party poster. Such parties expressly retain their rights, title and interest in and to their respective proprietary information. In utilizing the Sites and Services, you agree that you shall not infringe on any proprietary rights of Cassie Gruber Fitness or third parties including, but not limited to, copying, reverse engineering, reverse assembling, protection of source code, claiming authorship of, distributing, transmitting, modifying, reproducing, selling, transferring, displaying, or otherwise utilizing the proprietary rights of third parties. You may not modify, tamper with, or delete any author attributions, legal notices, copyright indications, trademark markings or other proprietary designations. You may not use the Sites or Services in any manner which would cause harm, damage, disparagement, or other negative impact on Cassie Gruber Fitness or its reputation or operations. You may not attempt to obtain or otherwise utilize any materials or information on other users or third-party contributors, except as expressly authorized by such third parties. In addition to the copyright and proprietary laws, you must also comply with all other international, federal, state, and local laws, statutes, rules, regulations, and ordinances in utilizing the Sites and Services. In accordance with applicable federal law, including the Digital Millennium Copyright Act, if you believe in good faith that the materials hosted by Cassie Gruber Fitness infringe on your copyright, you may send Cassie Gruber Fitness a notice at email@example.com requesting that the material be removed or access to it be blocked. Any notification which does not comply with applicable federal law shall not considered sufficient notice and shall not be deemed to confer upon Cassie Gruber Fitness actual knowledge of facts and circumstances of infringement.
7. Copyright for Purchased Electronic Books and Electronic Materials
You acknowledge and agree that the Electronic Books/Materials (“Ebooks”) contain proprietary and confidential information that is protected by applicable intellectual property laws and other regulations. No part of the publication may be reproduced, stored, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission of the author. Requests to the author and publisher for permission should be addressed to the following email: firstname.lastname@example.org.
Limitation of liability/disclaimer of warranty: While the publisher and author have used their best efforts in preparing the guide(s) and workbook(s), they make no representations or warranties with respect to the accuracy or completeness of the contents of this document and specifically disclaim any implied warranties of merchantability or fitness for particular purpose. No warranty may be created or extended by sales representatives, promoters, or written sales materials.
The advice and strategies contained within the Ebooks may not be suitable for your situation. You should consult with a professional where appropriate. Neither the publisher nor author shall be liable for any loss of profit or any other commercial damages, including but not limited to special, incidental, consequential, or other damages.
Due to the dynamic nature of the Internet, certain links and website information contained in the publication may have changed. The author and publisher make no representations to the current accuracy of the web information shared.
8. Guidelines for Posted Materials
As part of the Sites and Services, Cassie Gruber Fitness hosts message boards, journal features, and other public forums on its sites (collectively “Forums”). The Forums are intended to serve as discussion centers for users and subscribers of the sites. These Forums are open to the public and any information which you post on the Sites or through the Services may be accessed by anyone via the Internet. We require that all users participating in the Forums act respectfully and responsibly, especially when discussing sensitive topics. Posts may only consist of honest, accurate and valuable information. Cassie Gruber Fitness strongly prohibits inappropriate content, rumors or negative subjective opinions. Any health related or medical information posted must include specific reference, unless it is provided by a licensed physician or dietitian. Should you choose to participate in the Forums, you expressly agree and acknowledge that you shall not:
• Post material that infringes or may infringe on any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right. Users shall be solely liable, and shall indemnify and hold Cassie Gruber Fitness harmless, for any damage (including but not limited to attorney’s fees) resulting from infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such submission.
• Post any materials that in the sole determination of Cassie Gruber Fitness is offensive and/or promotes racism, hatred, bigotry or violence of any kind against any group or any individual.
• Post materials that in the sole judgment of Cassie Gruber Fitness is lewd, objectionable or restricts or inhibits any person or entity from using or enjoying the Sites or Services;
• Post any statements that are libelous or defamatory, are patently false, harass, abuse, stalk, threaten, intimidate, or propagate any violent act; • Delete or modify any posting by any other person or entity;
• Post or upload any personal information, pictures, videos, or any other media of any person under the age of 18, or any other individual without their express permission;
• Post statements or materials that are in any way harmful or detrimental to minors;
• Post anything that solicits or violates the privacy or publicity rights of any other person, including without limitation, personal identity information of another individual, addresses, phone numbers, email addresses, social security numbers, credit cards, user name, passwords, or any trade secret or information
• Post anything that interferes with or disrupts the Sites or the operation thereof, including files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another user’s computer, the network, or the Sites;
• Post statements or materials that encourage illegal conduct or that would give rise to civil liability or otherwise violate any law or regulation; • Post statements or materials that constitute junk mail, spam or unauthorized advertising or promotional materials, including, without limitation, links to commercial products or services or any political campaigning;
• Post any statement that involves commercial activities and/or sales without prior written consent, such as contests, sweepstakes, raffles, advertising, or pyramid schemes.
If you should violate these guidelines, you may be terminated as a subscriber and refused continued access to the Sites and any part thereof, including the Forums. Cassie Gruber Fitness may remove or modify any posted content at any time for any reason in its sole discretion. Materials posted and/or uploaded to the various public Forums may be subject to size and usage limitations.
In consideration for access to such Forums, you hereby grant Cassie Gruber Fitness a non-exclusive assignable, royalty-free, perpetual, irrevocable right to use, reproduce, sell, display, perform, repost, transmit, or otherwise utilize any content including, but not limited to, statements, processes, descriptions, images, videos, notes, anecdotes, concepts, or other information or materials posted on the Sites. By posting such materials you represent and warrant that you possess the necessary rights, licenses, or authorizations to post such information and to allow Cassie Gruber Fitness’ use of such posted material in accordance with this section. None of the materials posted to the Forums shall be subject to any obligation of confidentiality, non-disclosure, or proprietary fiduciary.
9. Form and Third-Party Content
In utilizing the Sites and Services, you acknowledge that third parties may provide information, opinions, and offers on the Sites. Any opinions, advice, advertisements, information, statements, or other content of third parties, including those posting to the Form, through the Site are attributable to those third parties and are not attributable to Cassie Gruber Fitness. Cassie Gruber Fitness expressly disclaims all responsibility and endorsement, and makes no representation as to the authenticity of any opinion, advice, information, or statement made or displayed in these Forums by third parties, nor are we responsible for any inaccuracies, errors, or omissions in such postings or for any references contained in any message. Under no circumstances will Cassie Gruber Fitness be liable for any loss or damage caused by your reliance on information obtained through these Forums, as the opinions expressed in these Forums are solely those of other third-party users and do not reflect the opinions of Cassie Gruber Fitness. Cassie Gruber Fitness shall have the right, but not the obligation, to monitor the Forums and modify or delete content in its sole discretion. Cassie Gruber Fitness does not guarantee the accuracy, effectiveness, completeness or usefulness of any third-party posting or content.
Given the open nature of the posting process, you may inadvertently be exposed through the Sites or Services to content which violates our posting policies. Please be aware you access the Sites and the Services at your own risk and while we will monitor the postings, we take no responsibility for your exposure to third-party content on the Forums or elsewhere on the Site. We expressly disclaim, and by entering the Site you expressly hold us harmless for, any harm, loss, damages, or other detriment incurred through third-party content or the products or services which third parties offer on the Site. While we may link to certain third-party sites, we provide these sites as a convenience; however, Cassie Gruber Fitness does not control nor endorse these linked sites. We are not responsible for the content of these third-party linked sites, nor for the accuracy, effectiveness, or appropriateness of these third-party sites. Your investigation of and participation in any third-party sites or decision to purchase any services or products from third parties is your sole and absolute responsibility. You expressly acknowledge that Cassie Gruber Fitness shall not be responsible or liable for any claims, liabilities, losses, damages, or other obligations arising from your transactions with third parties.
11. Disclaimer of Warranties
You acknowledge and agree that the Sites and Services are offered without warranties of any kind whatsoever and that the use of the Sites and Services is at your sole risk. The Sites and Services, including any content therein, is being provided “as is”. Cassie Gruber Fitness and its affiliates, officers, agents, and representatives expressly disclaim all warranties of any kind, whether express, implied, or statutory, including warranties of title, effectiveness, merchantability, or fitness for a particular purpose. This disclaimer of warranties includes all third-party websites or third-party content provided on the Sites.
You acknowledge and agree that Cassie Gruber Fitness shall not be responsible or liable for any claims, loss, damage or health-related problems (including, without limitation, death or bodily injury) that may result from your use of the Site or Services, including any action or inaction which you may engage as a result of information you have obtained from the Sites. You acknowledge that you have been advised to consult with an appropriate health professional with regard to all contents of the Site and all Services provided and that you engage in such activities at your own risk. You hereby release, discharge, and hold Cassie Gruber Fitness harmless from any and all claims or causes of action, whether known or unknown, now or in the future, arising out of your relationship with Cassie Gruber Fitness, the Site, or the Services.
Cassie Gruber Fitness makes no warranty regarding the availability of services, nor does Cassie Gruber Fitness warrant that the Services will be uninterrupted, secure, error free, continually available, timely, or free of any components which may be harmful to your software or hardware. Cassie Gruber Fitness makes no representation that the information on the Sites or Services will be effective in meeting your particular expectations or achieving any particular results from the use of the Sites or Services. Any material accessed or downloaded is accessed at your own discretion and risk, and you shall be solely responsible for all consequences associated with such use.
12. Limitation of Liabilities
To the fullest extent allowable by law, you release, discharge, and hold Cassie Gruber Fitness harmless to you and any potential third-party beneficiary for any indirect, consequential, exemplary, incidental, special or punitive damages, including bodily injury, death, or loss profit damages arising from or in connection with the use of the Sites and Services or any third-party website contained therein. As a required condition of entering into this contract, you expressly agree that the total aggregate liability of Cassie Gruber Fitness to you for any cause whatsoever and regardless of the form of action will at all times be limited to the amount paid, if any, by you to Cassie Gruber Fitness.
You agree to indemnify, defend and hold Cassie Gruber Fitness and its agents, officers, affiliates, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees) arising from your breach of the terms of this agreement including, but not limited to, your infringement or infringement by any other user of your account for any intellectual property rights, or otherwise arising from your use of the Sites and Services.
14. Governing Law
These TOU and the relationship between you and Cassie Gruber Fitness shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions. You and Cassie Gruber Fitness irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Hennepin, in the State of Minnesota, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
15. Geographic Limitations
Cassie Gruber Fitness reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide. Cassie Gruber Fitness makes no representation or warranty that the content and materials on the Sites or the Services are appropriate or available for use in locations outside the United States.
Cassie Gruber Fitness reserves the right at any time to modify, edit, delete, suspend, or discontinue, whether temporarily or permanently, the Site and/or Services, or any portion thereof without notice or explanation, and you acknowledge that such termination shall not be grounds for any restitution, recourse, or damages. You agree that Cassie Gruber Fitness in its sole discretion may terminate your license, password, account (in whole or in part), or the uses of Sites and Services upon termination of this TOU or any related rules or regulations promulgated by Cassie Gruber Fitness.
17. Return of Merchandise
Apparel purchased from Cassie Gruber Fitness through the Site as well as non-apparel purchases are non-refundable. Cassie Gruber Fitness shall not accept any returns, nor issue any refunds for apparel or other products purchased from third parties.
18. Waiver and Severability
The failure of Cassie Gruber Fitness to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of any remaining provisions.
19. Successors and Assigns
You acknowledge and agree that Cassie Gruber Fitness may assign its rights under your contractual relationship including, but not limited to, this TOU, to anyone at any time without consent. You may not assign your rights or obligations to the Sites and/or Services, by operation of law or otherwise, without the prior written consent of Cassie Gruber Fitness. This Agreement shall be binding on and inure to the benefit of heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable.
20. Entire Agreement
We may modify these TOU at any time, as we deem appropriate in our sole discretion. Your sole remedy should you disagree with any modifications to the TOU is the discontinued use of the Sites and Services. If you are a registered subscriber, you may cancel your registration upon thirty (30) days’ written notice to email@example.com and be billed one month (30) days post request for termination. Your continued access or use of any of the Sites or Services following such notice serve as acceptance of the modified TOU. In addition to modifications of these TOU, we may post additional or supplemental rules or regulations. It is your responsibility to be aware of all additional rules, regulations, and modifications to the TOU. Cassie Gruber Fitness shall not be liable to any user or any third party for what the user or third party deems to be inaccurate or untimely notice of a change to the TOU.
22. No Agency Relationship
The parties acknowledge and agree that they are entering into this relationship as an independent contractual agreement. Nothing stated herein shall be deemed to create a joint venture, partnership, agency, or other collaboration between the parties.
Cassie Gruber | Founder of Cassiegruber.com