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FLEX ‘N BURN IS A PRIVATE PERSONAL TRAINING CLUB
(PRIVATE MEMBERSHIP ASSOCIATION)
WE MAY BE CLOSED TO THE PUBLIC FROM TIME TO TIME AND RESTRICT ACCESS TO MEMBERS ONLY (NO GUESTS/NON-MEMBERS)
Flex ‘n Burn is a Private Personal Training Club (Private Membership Association) with restricted access and membership and not open to the general public. We do accept new private membership applications from time to time. There may only be a limited number available. Please note, when you apply for membership, not all applications may be accepted. Upon approval you may choose for the membership enrollment options currently available. **Benefits are subject to the benefit terms and conditions, which may be found on other areas flexnburn.com. and/or your Terms and Conditions Waiver. Membership application required and membership is contingent on successful completion of the Club’s enrollment process and review by Club Leadership. All offers and membership are subject to availability and approval. Other restrictions may apply. Not all applications may be accepted.
POLICY & TERMS UPDATE
Covid-19 Related Policy & Terms UpdateDue to the Covid-19 crisis we have updated and/or amended our Policies to reflect the various governmental and operational requirements and conditions to deliver a safe and fair workout environment for all Clients and Guests. Upon reopening, we will have instituted SAFE WORKOUT PROTOCOLS that meet or exceed the required guidelines to keep you safe. However, as the Covid-19 virus is undetectable, there is still a risk that you could be susceptible. Thus, your participation in and or use of Flex ‘n Burn Studio, Boutique and Classes are expressly conditioned upon acceptance of that risk. These Policy and Terms updates, addend and/or supersede all other prior Policy and Terms and your participation in or use of Flex ‘n Burn Studio, Boutique and Classes are expressly conditioned upon acceptance of this risk and updated policy. Upon reopening, all monthly memberships, class packages and class credits will reactivate and resume to the status at the time it was frozen.
Future Temporary ClosuresAs we did with the Covid-19 government ordered closure of March 16, 2020, any future temporary closure due to, including but not limited to; pandemics, outbreaks, diseases, war, wildfires, earthquakes, flood, dam breaks or any federal, state or city declared emergencies, all monthly memberships, class packages, class credits and their respective commitments, will be frozen in-time as soon circumstance and situation permits, until the temporary closure order is lifted and/or Flex ‘n Burn is able to re-open and operate the Studio. There will be no cancellations, reimbursements, or refunds. All announcements of closures and reopenings will be delivered by the best available media and as timely as the circumstances and situation permits. Upon Studio reopening, all accounts will reactive and resume the status at the time it was frozen.
This website is operated by Flex ‘n Burn LLC . Throughout the site, the terms “we”, “us” and “our” refer to Flex ‘n Burn LLC or Flex ‘n Burn for short. Flex ‘n Burn offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, visitors, vendors, customers, clients, merchants, and/or third party affiliates, associates, business partners and third party contributors of content.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this site. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website which are not the property of, or licensed to, the operator should be acknowledged on the website. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
Any unauthorized use terminates the permission or license granted by us. You may not use our logo or other proprietary graphic as part of the link without express written permission.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current online store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least 18 years or older and/or the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products, services, images or intellectual property for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
CLIENTS AND/OR MEMBERS AND/OR GUESTS
The following terms, conditions and policies apply to anyone (Clients and/or Members and/or Guests, which hereafter be referred to as “Clients”) who purchases, is gifted or has authorized right to utilize, including but not limited to; any single class, series of classes, package of classes or monthly recurring classes from Flex ‘n Burn, which hereafter be referred to as “the Studio”.
CLIENT/GUEST WAIVER, RELEASE & ASSUMPTION OF RISK
All Clients and Guests understand and agree that use of Flex ‘n Burn Studio, High-Intensity Classes and Workouts are physically challenging and can be potentially injurious. All Clients and Guests agree and acknowledge that use of Flex ‘n Burn LLC (the Studio) and any participation in its classes, workouts, activities and events whatsoever is conditional to acceptance of this waiver, release and assumption of risk agreement as a condition of enrollment and subsequent use or participation and constitutes acceptance whether or not he/she has an actual signed, checked off, or electronically signed agreement. The Client/Guest agrees that the Client/Guest is aware that he/she is voluntarily engaging in activities, including but not limited to; strenuous and intense physical exercise, the use of resistance exercise machines, benches, balls and other exercise accessories, free weights, Studio facility training and instruction, participation in Studio activities, programs and events, which could cause injury to the Client/Guest.
All Clients and Guests agree that the use of the Studio facility, its classes or its 30 Minute CardioMuscular Workouts, does not constitute a form of medical treatment and will not necessarily result in a medical benefit to the Client/Guest. Prior to commencing a physical exercise program, the Client/Guest should consult his/her physician. The Studio will make no evaluation or recommendation as to whether the Client or the Guests are medically fit for any exercise activities. The Client/Guest represents that he/she is in good health and suffers no physical impairments or limitations which renders the use of the Studio facility or performance of activities in its classes, workouts or programs unduly dangerous.
The Client/Guest understands and agrees that he/she is voluntarily participating in these activities and assumes all risk of injury, without limitation, to the Client/Guest that might result no matter what causes any injury, including negligence by the Flex ‘n Burn LLC (the Studio) facility, its employees, agents or heirs. THE CLIENT/GUEST HEREBY AGREES TO WAIVE AND RELEASE ANY CLAIMS OF RESPONSIBILITY, COSTS, EXPENSES, DAMAGES, LIABILITIES OR RIGHTS THE CLIENT/GUEST MIGHT OTHERWISE HAVE TO BRING LEGAL ACTION, CLASS ACTIONS OR SUITS, PROCEDURES OR MAKE ANY CLAIMS AGAINST AND FURTHERMORE AGREES TO INDEMNIFY, AND HOLD HARMLESS, SUBJECT BUT NOT LIMITED TO; FLEX ‘N BURN LLC (THE STUDIO), ITS DIRECT AND INDIRECT CORPORATE PARENT, ANY CORPORATE SUBSIDIARIES OR AFFILIATE ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, ITS ASSIGNS OR SUCCESSORS, EMPLOYEES, AGENTS OR HEIRS FOR INJURY TO THE CLIENT/GUEST SUFFERED IN THE COURSE OF THESE ACTIVITIES. FURTHERMORE, ALL CLIENTS/GUESTS AGREE AND ACKNOWLEDGE THAT THEY ARE URGED TO AVOID BRINGING VALUABLES INTO THE STUDIO FACILITY AND THE CLIENT FURTHER RELEASES THE FLEX ‘N BURN LLC (THE STUDIO), ITS EMPLOYEES, AGENTS OR HEIRS FROM ANY LIABILITY AND ANY LOSS OR THEFT OF PERSONAL PROPERTY.
PURCHASES OF CLASS PLANS & PROGRAMS
All single classes, series of classes, package of classes are non-refundable and non-transferable and valid at your Flex ‘n Burn location only; there are no exceptions. Monthly auto renewals and series package auto renewals are non-cancellable except with 30 days written notification and acknowledged acceptance by the Flex ‘n Burn prior to your next billing date. You agree to accept and participate willfully in utilizing electronic receipts, acknowledgments and signatures.
PRE-OPENING/GRAND OPENING/ANNIVERSARY SPECIAL PURCHASES
Flex ‘n Burn may offer from time to time various “Special Offers and Promotions”, which may have limited availability and may come with additional conditions or privileges. All Flex ‘n Burn purchase terms and conditions apply unless otherwise stated.
EXPIRATION DATES OF CLASS PLANS, PACKAGES AND SERIES
All single classes, series of classes, package of classes or monthly recurring classes have an expiration date. You purchase access to Flex ‘n Burn to utilize your classes for the allotted time period. There is no “rollover” of unused classes or class credits. Thus, unused classes and/or class credits expire with their allotted time period. Monthly auto renewals and series package auto renewals provide for access to Flex ‘n Burn classes on a recurring basis. Individual classes, class series and packages have a finite expiration term.
PAYMENTS FEES, RECURRING PAYMENTS, RENEWAL FEES.
A Client’s obligation of payment: No Client shall be relieved of the obligation to make payments for agreed upon programs, recurring packages, recurring monthly programs, renewals or single classes as result of failure to utilize Flex ‘n Burn or its classes or class credits thereof within allotted timeframes.
METHOD OF PAYMENT
Initial payments for classes and programs at the Studio may be made by, cash or credit card only. Initial payments via Flex ‘n Burn App or flexnburn.com website is by credit card via our third party administered software provider. In order to conveniently make payments through our website and app you acknowledge and agree to your authorization of Flex ‘n Burn LLC, and our third party administered software provider, to store and maintain your encrypted information for this purpose. You must have a Flex ‘n Burn Client account and be in “good standing” in order to purchase, renew or book/schedule your program/classes/class credits.
RECURRING PAYMENTS & AUTO RENEWALS
All monthly recurring plans and class package auto renewals are via EFT (Electronic Funds Transfer) through credit card or checking account bank draft only via our third party administered software provider. Non-auto renewal programs may be renewed in studio at Flex ‘n Burn by cash or credit card or online at Flexnburn.com via your account saved valid payments methods in your account. Furthermore, you authorize the same methods of payments for any and all additional fees or service charges, including but not limited to; late cancellation fees, late payment fees, no show fees, upcharges for services, single class add-ons, guest fees etc.
COLLECTION OF PAYMENTS AND FEES
All Clients and Guests agree that upon failure to pay any agreed upon fees subject but not limited to; renewals and recurring payments, auto-renewal packages, services charges, late cancellation fees, late payment fees, no show fees, upcharges for services, single class add-ons, guest fees etc. in a timely fashion an in accordance to any agreements and/or schedules is a violation of policy. All Clients and Guests agree to pay any costs of collection of unpaid fees or services charges including but not limited to; reasonable attorney fees, collection fees or court costs associated with the attempt to collect or the actual collection of the unpaid fees and charges owed or due by the Client or Guest.
HEART RATE MONITORED CLASSES
All classes are heart rate monitored utilizing heart-rate technology and in-studio displays, allowing you and the instructor to monitor and see your workout data live to help adjust your intensity and effort to get the most of every minute working out. You’ll receive your results online afterwards to help you set goals and track your success! You are required to use a hear rate monitor each class. Our heart rate monitor system can connect with any ANT+ (technology) heart rate monitor you have. If it’s your first class and you do not have a heart rate monitor, you may borrow one or purchase one at the reception desk. Flex ‘n Burn, if you’re going to do it – put your heart in to it!
You may book classes 1 week ahead of schedule. You must have an active class series, package, plan or credits available and in good standing in order to pre-book classes. Classes are only 30 minutes and we have limited spaces available. Thus, once the class has started, we cannot allow anyone to enter the Studio and disrupt the flow of the class. So, we ask that you are physically in Studio and present for pre-class orientation no later than 5 minutes prior to the start of your class. Otherwise, you may be considered a “late cancel” and your Burn spot may be released to a waitlisted Client. Any waitlisted Client that receives notification of upgrade to class booked Client, must also be Studio to take advantage of that space otherwise it will defer to the next available in Studio waitlisted Client etc.
If a class you want to book is full, we recommend that you put yourself on the waitlist. Just click on the class you want choose waitlist when prompted. It will tell you if the waitlist space is available or full as well. If a space opens, you will be added to that class and receive an email confirmation. One you receive the confirmation; all class polices now apply to your booking. If you do not show up or cancel 12 hours ahead of time, you may be charged a “no show or late cancel fee”.
YOUR RIGHT TO CANCEL YOUR SCHEDULED OR RESERVED CLASSES
Clients may cancel classes without charge or loss of class credit provided it is within Flex ‘n Burn’s cancellation policy of 12 hours or more prior to the class reserved. You may do this in person at the Studio, utilizing your account via flexnburn.com or with Flex ‘n Burn App. Any classes cancelled with less than 12 hours’ notice, you will forfeit the class or class credit and your account will be deducted or charged against your class package or monthly plan or a single class payment may be due if you have run out of classes or class credits at the time of cancellation. Monthly unlimited recurring plans will be charged at $15 fee in lieu of class credit/deduction. Founders Monthly Unlimited cancellation policy may cancel classes without charge or loss of class credit provided it is within Flex ‘n Burn’s cancellation policy of 6 hours or more prior to the class reserved. Founders Monthly unlimited recurring plans will be charged at $10 fee in lieu of class credit/deduction.
FLEX ‘N BURN’S RIGHT TO CANCEL CLASSES
Flex ‘n Burn reserves the right to cancel classes based on low attendance, registration or enrollment. Classes times and schedules may deviate or vary from current schedule without notice. We reserve the right to temporarily or permanently remove classes from any time slot, or day within the schedule without notice.
You may only schedule one class per day. If you book a confirmed spot into a class and are still waitlisted for another class on same day, you will be charged for both classes if the system automatically moves you from waitlist to a reserved spot, unless you cancel within the cancellation window/period.
REVOCATION OR SUSPENSION OF CLASS CREDIT OR PRIVLEGES
It is at the sole discretion of the Studio (Flex ‘n Burn LLC) and thus it reserves the right to suspend, cancel or revoke your privileges, or credits at any time without refund if your behavior is deemed to be subject but not limited to; objectionable, unsafe, offensive, disturbing, inappropriate, lewd, amoral, discriminatory, or a general nuisance to any Clients, Guests or Staff Members. Additionally, the Studio (Flex ‘n Burn LLC) reserves the right to suspend, cancel or revoke your privileges, or credits at any time without refund if you pose or are deemed likely to pose a health or safety risk to others at the Studio due to your health condition or personal hygiene etc.
Your classes may be temporarily or permanently suspended, cancelled or revoked at the sole discretion of the Studio (Flex ‘n Burn LLC) for violation of Flex ‘n Burn “Good” Client Rules and Regulations. Under the terms and conditions of your enrollment at Flex ‘n Burn Studios.
As a condition of enrollment all Client’s agree to abide by all Studio Rules, Regulations and Polices of Flex ‘n Burn. These rules and regulations are available at the time of your enrollment in Studio, on our website at flexnburn.com and on the Flex ‘n Burn Studio App.
Clients agree that class/class credits or use of Studio privileges are not transferable and are not allowed to be utilized by unauthorized persons. Flex ‘n Burn (the Studio) at its sole discretion may temporally or permanently suspend or revoke Studio privileges, classes or class credits for violation of this rule.
The Client/Guest should arrive no less than 10-15 minutes early to the Studio prior to their first CardioMuscular Workout Class or session to checkout the Studio, meet the Staff, your Instructor and receive pre-class/pre-workout/pre-session orientation, instruction and guidance. However, neither the Studio or its Staff will make any evaluation or recommendation as to whether the Client or the Guest are medically fit for any exercise activities.
The Client/Guest is responsible for his/her participation and use of all equipment, accessories and performance while attending the Studio, performing classes or workout sessions and shall be responsible for any damage or personal injury cause his/her guest, co-client or his/herself or to any equipment, accessories, Studio facilities.
PERSONAL PROPERTY AND OTHER VALUABLES
All Clients/Guests agree and acknowledge that they have been urged to avoid bringing valuables into the Studio facility and that Flex ‘n Burn LLC shall not be liable for the loss, theft, or damage to my personal property or valuables, including items left in lockers, restrooms, training area or anywhere else in the Facility. Clients/Guests cubbies or lockers are provider for your convenience use of such cubbies or lockers and the sole acknowledge that no portion of any fees paid by you is in consideration for the safeguarding of valuables.
Newly purchased unused and unworn merchandise can be returned in Studio for a refund within 10 days of the purchase. Thereafter, only store credit is available. You must have the original receipt for proof of purchase. We cannot except returns of water bottles or bottled water.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our products or services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SERVICES or PRODUCTS (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our Services Purchase Policy.
We have made every effort to display as accurately as possible the descriptions, colors and images of our products, plans or services that appear at the store. We cannot guarantee that your computer monitor’s display of any of the information will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
To access certain features of this website, you need to create an account. Once created, you are responsible for safeguarding and maintaining the confidentiality of Your Account username and password and for restricting access to your website access device or computer or mobile etc. and you agree to accept full responsibility for all activities that occur under your account. You are only allowed to have one account. You may not lend, assign or otherwise transfer your account to any other person or entity. You acknowledge that Flex ‘n Burn LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. You must notify Flex ‘n Burn LLC immediately upon discovery of any breach of security or unauthorized use or access of your account. Flex ‘n Burn LLC and its associates reserve the right to refuse or cancel you service, terminate your account, or remove or edit any content in our sole discretion.
Your Account access, purchases and continued use is conditional to additional terms and conditions shown and available by point of sale website hyperlink and/or email, text or app access.
By using the Site, you represent and warrant that you are at least 18 years of age and that you agree to abide by all of the Terms. Any use by anyone under the age of 18 is prohibited and violates the Terms of Service.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders, purchases, renewals etc. that are not for your personal use.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools, ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Flex ‘n Burn LLC, our directors, officers, employees, affiliates, agents, franchisees, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Flex ‘n Burn LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California within the United States of America.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.