13 Website Terms, Conditions, and Privacy Policy

 PŪR FITNESS Website Terms of Use

LAST UPDATED July 28, 2020.  Replaces the prior version in its entirety.

Welcome to the website of PŪR FITNESS, INC. (the “Company”, “we” or “us”).  The following terms and conditions (the “Terms of Use”) govern your access to and use of www.purfitstudio.com, including any content, functionality and services offered on or through any portals operated by the Company, including but not limited to the Member’s area (collectively, the “Website”), whether as a guest or a registered member.  Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.purfitstudio.com/disclaimer (the “Privacy Policy”), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

ELIGIBILITY

The Website is intended solely for individuals who are 13 years of age or older.  Any registration by anyone under age 13 is unauthorized, unlicensed and in violation of these Terms of Use.  By using the Website, you represent and warrant that you are 13 years of age or older and that you agree to abide by these Terms of Use.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so that you are aware of any changes, as they are binding on you.

ACCESSING THE WEBSITE AND REGISTRATION

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the entire Website to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

In order to use certain features of the Website, such as seeking product or services information, you may be required to provide certain information about yourself, such as your e-mail address, your company name, your company’s mailing address and your work telephone number.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, software and the design, selection and arrangement thereof), is the property of the Company or its licensors or other content suppliers and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws.

No content on the Website may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means without the Company’s written permission, except that the foregoing restriction does not apply to content that you provide to us.

DISCLAIMERS, DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY

The information presented on or through the Website is made available solely for general information and educational purposes. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site.

You should consult your physician or other health care professional before starting any program provided for in or through this Website, to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.  If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.

Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.  We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

THIS WEBSITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THE WEBSITE AT ANY TIME IN ITS DISCRETION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THIRD PARTY CONTENT/LINKS

The Company is not responsible or liable in any manner for any third-party content, applications, software or content posted on or communicated within the Website.  If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

APPLICABLE LAW

You agree that the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern your use of the Website and these Terms of Use and any dispute or claim of any sort that might arise therefrom or related thereto between you and the Company or its affiliates.  Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be brought exclusively in the federal or state courts located in Montgomery County, Virginia.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

INDEMNITYYou agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with these Terms of Use, your use of the Website, your conduct in connection with the Website or with other visitors to the Website, or any violation of any law or the rights of any third party.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

PŪR FITNESS’ Privacy Policy

Last Updated: July 28, 2020. Replaces the prior version in its entirety.

PŪR FITNESS, INC. (the “Company”, “we” or “us”) respects your privacy and is committed to protecting it through our compliance with this policy.  This policy (the “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit www.purfitstudio.com or any portals operated by the Company (collectively, the “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Terms of Use, Notice and Revisions section below). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy frequently for updates.

CHILDREN UNDER AGE 13

The Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for the Website or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on the Website.  In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible.

THE INFORMATION THAT WE COLLECT

When you visit the Website, you provide us with two types of information: website usage information that is collected by us as you interact with the Website and personal information that you knowingly choose to disclose as part of your use of the Website.

Automatic Data Collection.

  • Cookies and Web Logs. When you enter the Website as a visitor, we may collect your browser type and IP address. In addition, we may store certain information from your browser using “cookies.”  A cookie is a data file containing a string of characters that uniquely identifies your browser and is stored on your computer.  We may use cookies to improve the quality of our service by storing user preferences, personalization features and other information about the user.  You can remove or block cookies using the settings in your browser if you want to disable this convenience feature.  In addition, our web logs automatically record information that your browser sends whenever you visit a website.  These web server logs may include information such as the URL of the web page you have requested, your IP address, your browser type, your browser language, the date and time of your request to be served a certain page and one or more cookies that may uniquely identify your browser.  We may also record information about the URL from which you came to the Website if the associated website contained a direct link to the Website.
  • Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Registration Information. When you fill out a registration page in order to seek information about our products or services, or take advantage of other features of the Website that require registration, you provide certain personal information that we request as part of the registration process, such as your name, your email address, your company name, your company’s physical address and your telephone number.  By using the Website, you are consenting to have your personal data transferred to and processed in the United States.

SEARCH ENGINES AND OTHER SITES

Search engines and other sites not affiliated with the Company – including archive.org, google.com, and groups.yahoo.com – archive or otherwise may crawl the Website and make available content from the Website.

HOW WE USE YOUR INFORMATION

Information in your registration profile that you choose to include is used only by the Company for its own internal purposes. We may use your name and email address to provide information, products, or services that you request from us, to send you notifications regarding changes to the Website, or to send you notifications regarding new products or services offered by the Company, industry updates and other developments that we think you might be interested in learning about. You always have the ability to opt out of receiving such communications and/or to delete your information by contacting customer.success@purfitstudio.com and requesting the deletion of your e-mail address from the Company’s e-mail list.

The Company may use information about you or your movement or activities within the Website in an anonymous, aggregate manner that does not disclose your identity or any personally identifiable information for purposes of determining how the Website is being used and improving the Website’s content and/or performance.

DISCLOSURE OF INFORMATION

  • The Company does not sell or otherwise share your personal information with third parties for marketing, sales or other purposes. The Company shares your information with third parties only in the limited circumstances described below, in which the Company believes that such disclosure is reasonably necessary to provide a service, is legally required or is permitted by you.
  • The Company may provide information to the Company’s own employees and service providers to help us operate the Website and to provide the services to you that are offered through the Website. This type of sharing may include disclosures to third parties who host the Website, help deliver e-mail updates or otherwise provide back-end services.  These providers will only be able to use such information subject to the Company’s rights to do so and only for purposes of performing the services that the Company contracts with them to provide on the Company’s behalf.
  • The Company may be required to disclose personal information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information unless we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards.
  • We may share personal information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Website, or to prevent imminent harm to any person or group of people. This may include sharing information with other companies, lawyers, agents or government agencies.
  • In the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, your registration information may be transferred to the successor-in-interest so that the Website can continue to operate. In any such transfer of information, your information would remain subject to the promises made in any pre-existing privacy policy.

CHOICES AND ACCESS TO INFORMATION

  • You can choose not to provide registration information, even though it might be needed to take advantage of certain features of the Website.
  • You may send us an email at success@purfitstudio.comto request access to or correct any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
  • You can have your information deleted and/or remove your information from our e-mail list by notifying the Company of such request at success@purfitstudio.com. We cannot delete your personal information except by also deleting your user account.

SECURITY

The Company is committed to protecting the security of your personal information. We use a variety of up-to date security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

However, you should keep in mind that no Internet communication is ever completely secure or error-free. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

TERMS OF USE, NOTICE AND REVISIONS

Your use of the Website, and any disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use and all of its dispute resolution provisions, including limitation on damages and choice of law. We reserve the right to change our Privacy Policy and our Terms of Use at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of a revised Privacy Policy means that you accept and agree to the changes. We encourage you to refer to this page on an ongoing basis so that you are aware of and understand our current Privacy Policy. Unless stated otherwise, the current Privacy Policy applies to all information that we have about you and your account.

CONTACT INFORMATION

To report any violations of this Privacy Policy or if you have any questions or comments about this Privacy Policy, you may contact the Company at customer.success@purfitstudio.com or by writing to us at Ashley N. Fillmore, President, PO Box 1498 Radford, VA 24141.