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1. RELEASE, WAIVER OF LIABILITY AND INDEMNIFICATION. PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. YOU MUST UNDERSTAND IT BEFORE USING ANY SERVICES OR PRODUCTS OR BEFORE PARTICIPATING IN ANY EXERCISE PROGRAM (“EXERCISE PROGRAM”) OFFERED BY OR OTHERWISE OBTAINED FROM NSF OR THROUGH THIS WEBSITE.
a. You are advised to consult your physician before conducting any Exercise Program. Instructions and advice relating to an Exercise Program are in no way intended to substitute for medical counseling. You should discontinue participation in any exercise activity that causes pain or discomfort and should obtain medical counseling immediately. Not all exercises are suitable or appropriate for everyone.
b. You are advised that with the activity involved in an Exercise Program there are risks, known or unknown, identified or unidentified, which may result in injury, death, illness or disease, or damage to property. By participating in an Exercise Program, you assume the inherent risks, hazards, and dangers associated with this activity and voluntarily release, waive and forever discharge Never Summer Fitness, LLC (“NSF"), its agents, managers, members, landlords, clients, third-party contractors and employees, from any and all liability, claims, demands, actions or rights of action, loss, damages, injury to persons or property, which are related to, arising out of or in any way connected with your access or use of this website, any content , services or products on or offered or obtained by or through this website or offered or obtained from NSF, participation in any activity, use of any equipment or products or the condition or design of any equipment or products, premises or facilities, including specifically but not limited to the negligent acts or omissions of NSF, its agents, managers, members, landlord, clients, third-party contractors and employees, including without limitation any attorney's fees and costs incurred. Any links to third party websites are provided for your convenience only and are not an endorsement of the entity or persons associated with that website or of their products, services or expertise. You assume sole responsibility for accessing or using such websites.
c. By such participation or use, you also agree, promise and covenant to hold harmless and indemnify NSF, its agents, managers, members, landlords, clients, third-party contractors and employees for any injury to person or property, death, illness, disease or damage, claims, loss, expenses and costs, including without limitation, attorney's fees, arising out of or in any way connected with your access or use of this website, any content (as defined below) , services or products on or offered or obtained by or through this website or offered or obtained from NSF, participation in any activity, use of any equipment or products or facilities or your presence on NSF’s premises. YOU FURTHER AGREE THAT THE TOTAL LIABILITY OF NSF, ITS AGENTS, MEMBERS, MANAGERS, LANDLORDS, CLIENTS, THIRD-PARTY CONTRACTORS AND EMPLOYEES FOR ANY AND ALL DAMAGES, LOSSES OR CAUSES OF ACTIONS (WHETHER IN TORT OR CONTRACT AND INCLUDING, WITHOUT LIMITATION, THOSE BASED ON NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY CONTENT, SERVICES OR PRODUCTS ON OR OFFERED OR OBTAINED BY OR THROUGH THIS WEBSITE OR OFFERED OR OBTAINED FROM NSF AND THAT IN NO EVENT SHALL THEY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMGES.
d.CONTENT MAY CONTAIN MISTAKES, OVERSIGHTS, INACCURACIES OR OTHER ERRORS AND IS WITHOUT WARRANTY THAT IT WILL BE UNINTERRUPTED, ERROR FREE, DEFECT FREE OR FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONTENT, PRODUCTS AND SERVICES ON OR OFFERED OR OBTAINED BY OR THROUGH THIS WEBSITE, OR OTHERWISE OFFERED BY OR OBTAINED FROM NSF, ARE PROVIDED ON AN “AS IS” BASIS AND NSF DISCALIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
5. ACCOUNTS AND PASSWORDS. If you purchase or subscribe to any products or services offered by or through this website or otherwise provide information to or through this website, you agree to provide NSF or any third party authorized by NSF with information (including, without limitation, your name, address telephone number and address) that is complete, accurate and current, to maintain and update such information, to fully comply with all terms and conditions of any agreement governing such products or services and to be responsible for all charges and taxes relating thereto. NSF reserves the right at any time, for any products or services and in its sole discretion (i) to change the amount or basis for determining any charges or fees, (ii) to institute new charges or fees or (iii) to terminate any account or password. If at any time you are provided or establish a password that will be used to access and use protected areas of the website, you are solely responsible for protecting the security and confidentiality of the password. You shall immediately notify NSF of any unauthorized use of the password, or any other breach or threatened breach of this website’s security.
Any personal information collected on this website is intended only for use internally by Never Summer Fitness, LLC (“NSF”). It is not our practice to provide information to outside parties except as may be necessary or convenient to facilitate transactions or activities contemplated by this website, defend or enforce our legal rights, comply with laws or cooperate with governmental entities. While we have taken measures to protect your personal information, any information that you provide to us is provided at your own risk and we cannot guarantee the security of any such information. This policy is subject to change by NSF at any time.