TERMS AND CONDITIONS OF USE
Overview
The content of this website is provided by Fitness Consulting For Busy Athletes LLC, a Florida Limited Liability Company (“FCFBA.”) FCFBA offers the content on this website to you, the user (“You” or “Your,”) conditioned upon Your acceptance of the Terms and Conditions of Use (“Terms and Conditions”) set forth in this document. By visiting this website, You agree to be bound by the Terms and Conditions. Please review these Terms and Conditions carefully before accessing or viewing the content of this website. By accessing or using any part of this website, You agree to be bound by these Terms and Conditions. If You do not agree to all of these Terms and Conditions, then You must not access this website.
General Conditions
FCFBA’s website is available only to individuals or entities with legal capacity to enter into binding contracts under applicable law. By accessing FCFBA’s website, You represent and warrant that You are at least eighteen (18) years old and You are not under any legal incapacity to enter into legally binding contracts under the applicable laws. If You are accessing FCFBA’s website on behalf of a corporate entity, You represent and warrant that You have legal authority to bind such corporate entity to these Terms and Conditions.
You agree not to copy, reproduce, duplicate, sell, or otherwise exploit or profit from this website, or anything stated therein, without prior, written permission from FCFBA.
The headings used in this document are included only for convenience, and will not affect or limit anything stated herein.
In the event of a conflict between any provision(s) of these Terms and Conditions and any contract signed by both You and FCFBA, the provisions of the signed document shall control.
No Representations or Guarantees Regarding Completeness or Accuracy of Information
FCFBA is not responsible for any information made available on this website that is not accurate, current, or complete. The information provided on this site is offered for general information only, and should not be relied upon or used for making decisions without consulting additional, more accurate, or more complete sources of information. Any reliance on the information provided on this website is at Your own risk.
Modifications to Services and Pricing
Prices stated on this website are subject to change without notice. FCFBA reserves the right to modify pricing or discontinue any service (or any part thereof) in its sole and absolute discretion, at any time, and without any prior notice.
FCFBA reserves the right to limit, restrict, or prohibit the sales of its services to any person(s), jurisdiction(s), or geographic region(s). FCFBA may exercise this right on a case-by-case basis, in its sole and absolute discretion.
All descriptions of services offered on this website are subject to change or cancellation at any time, without prior notice, in FCFBA’s sole and absolute discretion. Any services offered on this site are void where prohibited.
Possibility of Errors, Inaccuracies, and Omissions
There may be information on this website that contains inaccuracies, omissions, or typographical errors. FCFBA reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel any services without prior notice if any information stated on this website is inaccurate.
FCFBA does not undertake an obligation to amend or clarify information on this website, including but not limited to pricing information, except as required by law. No update of information on one part of this website shall be considered an indication that all information on the website has been updated.
Personal Information
FCFBA’s processing and other use of Your personal information is governed by our Privacy Policy. You can find our Privacy Policy on this website.
Links to Third Party Websites
This website may contain links to third-party websites that are not owned, operated, or controlled by FCFBA. FCFBA assumes no responsibility for the content, policies, practices, services, terms and conditions, or privacy policies of any third-party websites, even if links to them are included on this website. By using this website, You expressly release FCFBA from any and all liability arising from Your use of any third-party website. FCFBA encourages You to exercise caution when clicking any link on this website, and to review the terms and conditions, privacy policies, and other governing documents of every website You visit.
Release and Disclaimer of Warranties
FCFBA does not warrant the quality of any services, information, or other material contained or described on this website. Moreover, FCFBA does not warrant that Your use of its services will be error free, or that FCFBA’s services will be accurate or reliable. In addition, FCFBA may cancel services, or remove services from its offerings for an indefinite period of time, without any advance notice.
For and in consideration of Your use of this website, You agree, on behalf of You and Your heirs, executors, administrators, assigns, and personal representatives (the “Releasing Parties”) to hereby irrevocably, unconditionally, and forever release, acquit, discharge, hold harmless, and indemnify (i.e. to defend and pay legal costs, including but not limited to attorneys’ fees and legal expenses, as well as any legal judgment(s)) FCFBA and its insurance carriers, associates, officers, members, coaches, consultants, directors, shareholders, managers, representatives, assignees, employees, volunteers, agents, and/or contractors (the “Released Parties”) from any and all charges, actions, complaints, causes of action, claims, liabilities, obligations, promises, controversies, damages, suits, proceedings, expenses, attorneys’ fees, and demands of any kind or nature whatsoever, known or unknown, suspected or unsuspected, whether arising out of contract, tort, strict liability, or otherwise, whether currently existing or arising, occurring or accruing in the future, based upon, arising out of, related to, or connected in any way to information contained on this website or services provided by or on behalf of FCFBA, except to the extent caused by the gross negligence or willful misconduct of the Released Parties.
Assumption of Risk
You agree that Your use of FCFBA’s services is at Your sole risk. You also acknowledge that there are risks and dangers associated with physically strenuous activity such as exercise and endurance sports training and racing, including but not limited to the risk of property damage, physical and/or emotional injury, and death from numerous causes (including but not limited to physical contact with objects, animals, or other people; heart attack; panic; hyperventilation; drowning; collision with fixed or moving objects; accidents and impacts; rapidly changing weather and ocean conditions; disorientation; temperature-related illnesses; exposure to communicable diseases; trips and falls; and more) and that the specific risks may include serious bodily injury, paralysis, serious emotional injury, mental distress, death, or other damage or loss to Yourself and/or third parties. You acknowledge that these risks cannot be eliminated without jeopardizing the essential qualities of the activity. You also understand and acknowledge that some of the risks are unknown and/or unforeseeable.
Changes to These Terms and Conditions of Use
You can view the current version of the Terms and Conditions at any time by visiting this webpage. FCFBA reserves the right, in its sole and absolute discretion, to update, discontinue, revise, or replace any part of these Terms and Conditions at any time, without notice, by posting updated terms to this page. It is Your responsibility to check this page periodically for changes. Your continued use of or access to FCFBA’s website following any changes to this page constitutes Your acceptance of the changes.
Indemnification
You shall indemnify, defend, and hold harmless FCFBA from and against any and all costs, claims, expenses or other liability incurred by FCFBA as a result of any breach of Your obligations under this Agreement. You shall also indemnify, defend, and hold harmless FCFBA from and against any and all costs, claims, expenses or other liability of any kind based upon or arising from any services performed for You by FCFBA, including without limitation, claims for negligent acts or omissions, or wrongful conduct. In the event of any claim so arising, FCFBA reserves the right to participate in the dispute resolution process and shall have the right of prior approval, which shall not be unreasonably withheld, with respect to the legal counsel selected and the litigation strategy pursued. The rights and obligations of the parties pursuant to this section shall survive the expiration or earlier termination of any agreement between You and FCFBA, including these Terms and Conditions and any other agreement.
Severability
If any provision in these Terms and Conditions is found to be invalid, illegal, or unenforceable, in whole or in part, the rest and remainder of these Terms and Conditions shall remain in full force and effect to the fullest extent permitted by law.
Termination
These Terms and Conditions remain in full force and effect unless terminated by FCFBA or by You. You may terminate these Terms and Conditions by notifying FCFBA that You no longer wish to use its services and will cease accessing this website, and You may send Your termination notice to admin@fitnessconsultingforbusyathletes.com. FCFBA may terminate these Terms and Conditions by removing them from the website or by removing the website in its entirety.
All obligations and liabilities of the parties incurred prior to termination shall survive the termination for all purposes.
Entire Agreement
These Terms and Conditions set forth the entire understanding between You and FCFBA with regard to Your use of this website. You agree that the provisions in these Terms and Conditions may be amended or changed only by means of a written document signed by FCFBA.
Governing Law and Jurisdiction
Any disputes concerning these Terms and Conditions and/or Your use of this website shall be governed by the laws of the State of Florida and resolved in the courts of St. Johns County, Florida. You hereby consent to personal jurisdiction in the State of Florida.
Contact Information For All Inquiries
Questions about FCFBA’s website, or these Terms and Conditions, should be sent to admin@fitnessconsultingforbusyathletes.com.