Terms of Service
Last updated on March 1, 2023
Terms of Service
These Terms of Service (“Terms”) govern your use of the Viva Fitness website, services, and any related applications or platforms (collectively referred to as the “Service”) provided by Viva Fitness (“we,” “us,” or “our”). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use our Service.
You must be at least 13 years old to use our Service. By using the Service, you represent and warrant that you are 13 years of age or older. If you are accessing or using the Service on behalf of a company or organization, you represent and warrant that you have the authority to bind such entity to these Terms.
In order to access certain features or areas of our Service, you may be required to create an account. When creating an account, you agree to provide accurate and complete information. You are responsible for maintaining the confidentiality of your Viva Fitness account credentials and for all activities that occur under your account. You agree to promptly update any information that may change and to notify us immediately of any unauthorized use of your account.
Use of the Service
You agree to use our Service only for lawful purposes and in accordance with these Terms. You are solely responsible for your use of the Service and any content you submit or post through the Service. You must not engage in any activity that may interfere with or disrupt the Service or its servers, networks, or infrastructure. We reserve the right to terminate or suspend your access to the Service if you violate these Terms.
The Viva Fitness Service and its contents, including but not limited to text, graphics, images, logos, trademarks, and software, are protected by intellectual property laws. You may not modify, reproduce, distribute, transmit, display, perform, or create derivative works from any part of the Service without our prior written consent. You acknowledge and agree that Viva Fitness retains all rights, title, and interest in and to the Service and its contents.
Our website may include links to third-party websites or services for your convenience and reference. Please be aware that once you click on these links, you will be redirected to external sites that are beyond our control. Therefore, we cannot be held responsible for the privacy practices, content, or security of these third-party websites.
While we strive to ensure that the links we provide are reputable and trustworthy, we do not endorse or make any representations about the accuracy, reliability, or validity of the content on these external websites. Accessing and using third-party websites is done at your own risk.
Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Third-Party and Content
Our Service may contain links to third-party websites or resources that are not owned or controlled by Viva Fitness. We are not responsible for the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that we shall not be liable for any damages or losses arising from your use of any third-party websites or resources.
Disclaimer of Warranties
The Viva Fitness Service is provided on an “as is” and “as available” basis. We make no warranties or representations, express or implied, regarding the Service, including but not limited to its accuracy, completeness, reliability, or availability. Your use of the Service is at your own risk. We disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
To the fullest extent permitted by law, Viva Fitness shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of the Service or any content therein. In no event shall our total liability to you exceed the amount paid by you, if any, for accessing or using the Service during the twelve (12) months preceding the claim.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Texas. Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the courts of the State of Texas.
Class Action Waiver
By using this Site or any of our services, you agree that any disputes or claims arising from or related to your use of the Site will be resolved on an individual basis and you waive your right to participate in any class action lawsuit or class-wide arbitration. You acknowledge and agree that any such dispute will be brought solely in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Furthermore, you understand that the arbitrator or court may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. You agree that, by entering into these Terms of Service, you are waiving the right to a trial by jury or to participate in a class action lawsuit.
We reserve the right to modify or update these Terms at any time
The information provided on this website is intended for general purposes and should be discussed with your doctor. This website does not offer professional advice or services. The concepts, methods, and recommendations presented here are not meant to replace consultation with a medical professional and should only be considered as part of your collaborative efforts with your doctor to create a comprehensive health and fitness plan. It is important to have medical supervision for all aspects of your health. Prior to using our website, it is mandatory to read and agree to our Terms of Service, which limit our liability to you.
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