Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Sierra Fit Club, LLC. The collective work includes works that are licensed to Sierra Fit Club, LLC. Copyright 2021, Sierra Fit Club, LLC, All Rights Reserved. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing a subscription order with Sierra Fit Club. LLC or purchasing Sierra Fit Club, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Sierra Fit Club, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Sierra Fit Club, LLC used in the site are trademarks or registered trademarks of Sierra Fit Club, LLC.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Sierra Fit Club, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sierra Fit Club, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Sierra Fit Club, LLC does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Sierra Fit Club, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Sierra Fit Club, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Sierra Fit Club, LLC product is mistakenly listed at an incorrect price, Sierra Fit Club, LLC reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. Sierra Fit Club, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sierra Fit Club, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or subscription process. These terms and conditions, or any part of them, may be terminated by Sierra Fit Club, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Sierra Fit Club, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Sierra Fit Club, LLC
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Sierra Fit Club, LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Sierra Fit Club, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Sierra Fit Club, LLC failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Sierra Fit Club may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Sierra Fit Club, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
The information presented on this Website and Membership is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being. You agree to exercises at your own risk, and releases all liability from Sierra Fit Club, LLC. If you do not agree to be bound by this Agreement, please do not use or access the Sierra Fit Club, LLC website. Sierra Fit Club, LLC reserves the right to refuse or cancel your account. We also reserve the right to cancel your membership should you violate any provision of this Agreement, or any other posted policy on the Website. The contents on the Sierra Fit Club, LLC website, including the videos, text, graphics, images, and any other materials are to be used for informational purposes only.
Sierra Fit Club, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Sierra Fit Club, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Sierra Fit Club, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Sierra Fit Club, LLC in its sole discretion.
You agree to indemnify, defend, and hold harmless Sierra Fit Club, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Sierra Fit Club, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Sierra Fit Club, LLC, Sierra Fit Club, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Sierra Fit Club, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Sierra Fit Club, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
No refunds – Refunds will not be provided for any subscription. We do not provide credit, refund, or probated billing for subscriptions that are cancelled mid-month. In such a circumstance you will continue to have access to your subscription until the end of the monthly billing cycle. And all canceled subscriptions must be in writing to stop payment for the next monthly billing cycle.
I hereby agree to participate in dance and exercise programs given by Sierra Fit Club, it’s officers, directors, employees and contractors (herein, collectively the “Company”) upon the understanding and condition that:
I recognize the risks of illness or injury inherent in any fitness program and am participating in Sierra Fit Club, LLC workout programs upon the express agreement and understanding that I am hereby waiving and releasing Sierra Fit Club, LLC from any and all claims, costs, liability, expenses or judgements including attorney’s fees and court costs (herein, collectively “Claims”) arising out of my participation in Sierra Fit Club, LLC workout programs or any illness or injury resulting there-from, and hereby agree to indemnify and hold harmless Sierra Fit Club, LLC from and against any and all such Claims.
Intellectual Property Rights.
Other than content you own, which you may have opted to include on this Website, under these Terms, Sierra Fit Club, LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Sierra Fit Club, LLC a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Sierra Fit Club, LLC reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
This Website is provided “as is,” with all faults, and Sierra Fti Club, LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
Here For You
If you are experiencing difficulty with any content on Sierra Fit Club, LLC website, the Userway widget, any of its services or require assistance with any part of our site, please contact us during normal business hours as detailed below and we will be happy to assist.
If you wish to report a problem, have any questions or need assistance, please contact us via email to firstname.lastname@example.org.