TERMS & CONDITIONS.

Please read these terms and conditions and our Privacy Policy (collectively, "Website Terms") carefully before using the Website and/or the Services, so that you are aware of your legal rights and obligations with respect to BOSS FITNESS LLC, (collectively referred to as "Boss", "us", "we" or "our").

By your access of the Website and/or use of the Services, you are deemed to have understood and agreed to these Website Terms. If you do not accept these Website Terms, please leave the Website and discontinue your use of the Services immediately.

Boss Fitness may from time to time change these Website Terms by posting the amended Website Terms at the Website. By accessing and using the Website or using any of the Services after the amendment of these Website Terms, you are accepting that you are bound by the (then) current Website Terms. If you do not agree to the amended Website Terms, you have the right to close your Account and/or cease using the Services. Please check these Website regularly to ensure that you are aware of all terms governing your use of the Website and/or the Services.

If you have any questions or concerns about these Website Terms or any issues raised in these Website Terms or on the Website, please contact us at info@bossfitnessca.com.

Use Of The Website:

  1. You hereby represent and warrant that:

    • you have read, understood and agree to these Website Terms (including our Privacy Policy);

    • you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website Terms and you are accessing the Website, using the Services and either contracting in your own personal capacity or contracting on behalf of a corporate entity;

    • you are authorized to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Website Terms; and

    • all of the information provided by you to Boss Fitness (including without limitation personal particulars and contact information) is accurate and complete.

  2. Boss Fitness reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Website at any time. Boss Fitness may also impose limits on certain features or restrict your access to the Services or the Website (or part thereof) without notice or liability.

Definitions:

In this Agreement, unless otherwise required, the following terms have the following meanings:

  • "Account" means a registered account of a Member opened under the Website;

  • "Agreement" means the agreement formed by these Website Terms and the Privacy Policy in force from time to time, and in the case of a Member, by these Website Terms, the Privacy Policy and the membership terms and conditions in force from time to time;

  • "Computer" means your computer, notebook computer, mobile phone or other electronic device used to access the Website or the Services;

  • "Content" means materials, information, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content;

  • "Member" means a registered member of the Website;

  • "Personal Data" means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access;

  • "Boss Content" means all Content of Boss Fitness that is made available on or via the Website;

  • "Servers" means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Website and/or the Services;

  • "Third Party User Content" means all User Content which is not created, transmitted, posted or uploaded by you;

  • "User Content" means all Content on the Website which is created, transmitted, posted or uploaded by a user of the Website;

  • "Website" means the Boss Fitness website containing the link to these terms and conditions; and

  • "Website User Terms" means the terms and conditions applicable to Members from time to time.

Website and Services:

  1. The Website is owned and maintained by Boss Fitness.

  2. Boss Fitness may offer one or more of the following services on or through the Website (each a "Service" and collectively, the "Services"):

    • access to a collection of information, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts, software applications and other types of works;

    • access to an online booking engine;

    • access to a web-based client management software;

    • any other features, content or applications that Boss Fitness may offer on or through the Website from time to time in its sole and absolute discretion.

  3. You acknowledge and agree that to access and use certain Services, you will be required to register as a Member and additionally shall be bound to strictly comply with the Website User Terms in addition to these Website Terms.

Privacy:

Please do not submit any personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail.

 

Content Use Conditions:

  1. You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to: (a) any Service; (b) the Website; (c) any Boss Content except, to the extent permitted, with the prior written consent of Boss Fitness or unless expressly permitted in these Website Terms; or (d) any Third Party User Content except, to the extent permitted, with the prior written consent of Boss Fitness and the owner or licensee of the specific User Content.

  2. You may, for your personal, non-commercial use:

    • retrieve and display Boss Content on any compatible device owned by you; and

    • store such Boss Content in electronic form on disk or on a mobile device owned by you.

  3. All Boss Content are the copyrighted work of Boss Fitness or its content or software providers, and Boss Fitness reserves and retains all rights.

Intellectual Property:

  1. The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Website, and all Boss Content, including without limitation the copyright in the compilation of all User Content, shall remain with Boss Fitness.

  2. The trademarks, logos and service marks ("Marks") displayed on the Website are the property of Boss Fitness or other third parties, and all rights to the Marks are expressly reserved by Boss Fitness or the relevant third parties. Boss Fitness's name may not be used in any way without prior written permission.

  3. The domain name on which the Website is hosted on is the sole property of Boss Fitness and you may not use or otherwise adopt a similar name for your own use.

Online Conduct:

You hereby undertake:

  1. to comply with these Website Terms, and such other notices or guidelines that may be posted on the Website by Boss Fitness from time to time (which are hereby incorporated by reference into these Website Terms);

  2. not to use any Service or Boss Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;

  3. not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Website, Services or Servers.

  4. not to use the Account of another Member at any time, whether with or without his/her permission.

Disclaimers and Limitations:

  1. While we make every effort to ensure that all Boss Fitness Content displayed on the Website is accurate and complete, we provide the Boss Content for informative purposes and on an 'as is' and 'as available' basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Boss Fitness disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Boss Fitness does not warrant that the functions contained in or access to the Website, Services, Boss Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Website, Services, or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Boss Content in or with any Computer will not affect the functionality or performance of the Computer. You agree not to hold Boss Fitness liable for the loss of any of your User Content that is due to any circumstances beyond the control of Boss Fitness.

  2. You agree that:

    • Boss Fitness shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Website or Services without assigning any reason; and

    • Access to or the operation of the Website, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,

    • and in any such event, Boss Fitness shall not be liable for any loss, liability or damage which may be incurred as a result.

  3. Under no circumstances, including, but not limited to, negligence, shall Boss Fitness be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Boss Content, Services, Website, or any other website, even if Boss Fitness or authorized representative has been advised of, or should have foreseen, the possibility of such damages.

Linked Sites:

Boss Fitness may provide links to other sites ("Linked Sites") that may be of relevance and interest to users. Boss Fitness has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.

Termination:

You agree that Boss Fitness has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Website or Services, without assigning any reason.