TERMS OF SERVICE
​TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. The Shred512, LLC (“Shred512”) website allows users to receive information about Shred512 (including e-mail newsletters), interact with other members or visitors to the Shred512 website, and book, cancel and pay for services offered at Shred512 facilities. The services (“Shred512 Services”) offered by Shred512 include but are not limited to the www.Shred512fitness.com website, which is hosted in the United States and the Shred512 mobile application (the “Shred512 App”). These terms and conditions (“Terms of Service”) set forth the legally binding terms for your use of the Shred512 Services. By using the Shred512 Services, you agree to be bound by these Terms of Service, whether you are a “Visitor” (which means that you simply browse the Shred512 website or Shred512 App) or you are a “Member” (which means that you have registered with Shred512 and/or purchased one or more Shred512 Services). The term “User” refers to a Visitor or a Member. You are only authorized to use the Shred512 Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read this Terms of Service notice carefully and save it. If you do not agree with it, you should leave the Shred512 website or the Shred512 App and discontinue use of the Shred512 Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
YOUR ACCEPTANCE
By using and/or visiting this website or using the Shred512 App, you signify your agreement to these Terms of Service, as well as Shred512’s “Privacy Policy” (posted at www.shred512fitness.com and incorporated herein by reference). If you do not agree to any of these terms or to any of the terms of the Shred512 Privacy Policy, please do not use the Shred512 Services. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up to date version, which will always be posted at www.shred512fitness.com. Shred512 may, in its sole discretion, modify or revise these Terms of Service, the Privacy Policy and any of its other policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
SHRED512 WEBSITE AND SHRED512 APP
These Terms of Service apply to all Users of the Shred512 website and the Shred512 App. The Shred512 website and Shred512 App may contain links to third party websites that are not owned or controlled by Shred512. Shred512 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, including privacy and data gathering practices. In addition, Shred512 will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve and release Shred512 from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Shred512 website or Shred512 App and to read the terms and conditions and privacy policy of each other website that you visit. Upon leaving the Shred512 website or Shred512 App these Terms of Service shall no longer govern.
SHRED512 ACCOUNTS
In order to access some features of the website and the Shred512 App, you will have to create a Shred512 account. You may not use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Shred512 immediately of any breach of security or unauthorized use of your account. Although Shred512 will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Shred512 or others due to such unauthorized use.
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CHANGES
Shred512 Fitness can update the Terms and Conditions at anytime and will update the site accordingly. The side will display a modified date that indicates last modification made on the site. The mobile app may also require you to accept the new Terms and Conditions before usage upon changes. When using the site after Shred512 Fitness updates its Terms and Conditions, you are agreeing to understanding the changes made. If you feel like anything on the updated Terms and Conditions does not agree with your views, you must seize using the Shred512 Fitness site.
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USAGE
Some areas of the site will require you to register with Shred512 Fitness. You must submit some basic information such as: name, email address, and password to register. Shred512 Fitness is allowed to approve or deny any account for any reason. When using the Shred512 Fitness site, you are acknowledging and agreeing that you are at least 18 years old or you are the legal age in your home country. If you are under the age of 18 years old but are at least 13 years old (also called a Minor), you must be using the site with parent or legal guardian consent who agrees with the Terms of use. If you are that parent or legal guardian of the under 18 year old person then you are agreeing to the Terms of use on this site. And you are responsible for the usage of the site for there under 18 year old, which includes all legal liability that the minor incurs. If you are under the age of 13 years old, you are not to utilize this site. Shred512 Fitness provides you a very limited, personal, non-exclusive and non-transferable license to utilize the Shred512 Site and app, and Materials only as expressly permitted by the Terms.
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GEOLOCATION
The Shred512 Fitness site may use functionality that using location services such as maps, geocoding places. The mobile application can ask you to install anything that includes geolocation services from Google, Inc and with that use it may ask you to be subject to their Terms of use. By using the app you are then agreeing to the Google, Inc Terms of use.
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PURCHASES
You may be permitted to use the Shred512 Fitness mobile application to order class packs, drinks, etc. In order to do so, you acknowledge and agree that you must supply certain information relevant to your transaction to our third-party payment processor, Club Ready, including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, and/or your billing address (the “Payment Information”). By providing the Payment Information, you expressly authorize us and/or our third party payment processor to charge the applicable fees to the payment method provided by you, as well as any applicable taxes and other charges incurred thereto. You agree that we (or our third-party payment processors) may charge any unpaid amounts to your provided payment method and/or send you a bill for such unpaid fees.
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PRIVACY POLICY
Please review our Privacy Policy, available on the Shred512 Fitness side (the “Privacy Policy”), which explains how we use information that you submit to Shred512 Fitness.
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CONTESTS AND PROMOTIONS
Any contests, raffles, surveys, games, loyalty programs or similar promotions (collectively, “Promotions”) made available through the Shred512 Fitness site may be governed by rules and terms and conditions (“Promotion Terms”) that are separate from these Terms. If you participate in any promotion, please review the applicable rules as well as our Privacy Policy. If any Promotion Terms conflict with these Terms, the Promotion Terms will govern.
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LINKS TO THIRD PARTY SITES
We may provide links from the Shred512 Fitness site to third-party websites (“Third-Party Sites”), including, but not limited to, links owned by third parties who manage the sales of Company-branded merchandise and class bookings for the Company (i.e., Club Ready) and our franchisees, if applicable. If you use these links, you will leave the Site you are currently on. Shred512 Fitness provides these links to you as a convenience, and we do not verify, make any representations, or take responsibility for the Third-Party Sites, including the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, or other activities conducted on or through the Third-Party Sites. Therefore, unless specifically stated on the Site, we do not endorse or make any representations about Third-Party Sites or any information, material, or results that may be obtained through the use of Third-Party Sites. In addition, certain areas of the Site may allow you to interact or conduct transactions with Third-Party Sites. If so, you may be able to configure the privacy settings of your account on a Third-Party Site to permit your activities to be shared with your contacts on that Third-Party Site. If you decide to access any of the Third-Party Sites linked on the Site, you do this entirely at your own risk, and you must follow the privacy policies and the terms and conditions for those Third-Party Sites.Similarly, the Site includes web pages from which you may obtain information about Shred512 Fitness studios operated by independent franchisees (“Franchisee Sites”). Unless specifically stated on the Site, we do not endorse or make any representations about any services that may be offered at franchisee-owned studios.YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAWS THE COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE OR FRANCHISEE SITE, FOR ANY THIRD-PARTY DEALINGS OR COMMUNICATIONS (INCLUDING BUT NOT LIMITED TO ANY DEALINGS WITH OUR FRANCHISEES), OR FOR ANY HARM RELATED TO ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE OR FRANCHISEE SITE, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
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REPORTING VIOLATIONS
We respect the intellectual property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide our designated agent with the following information in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”):• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.• Identification of the copyrighted work and/or trademark claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such copyrighted works at that site, and a description of your interest or rights with respect to those works or trademarks.• Identification of the material that is claimed to be infringing or to be the subject of infringing activity (and the date and time of the alleged infringement) and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit us to locate the material.• Information reasonably sufficient to permit us to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DISCLAIMER
Your use of this Site is at your own risk. The Company endeavors to ensure the accuracy of the Materials on the Site at all times, however the Materials may from time to time include inaccuracies or typographical or other errors. To the extent permitted by applicable law, the Company does not warrant the accuracy or timeliness of the Materials contained on the Site. To the extent permitted by applicable law, the Company has no liability for any errors or omissions in the Materials, whether provided by the Company, our licensors or suppliers or other users.THE COMPANY, FOR ITSELF AND ITS LICENSORS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES, THE MOBILE APPLICATIONS, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON THE SITE OR THE MOBILE APPLICATIONS, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, THE MOBILE APPLICATIONS, MATERIALS AND ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON OR THROUGH THE SITE AND MOBILE APPLICATIONS, IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AS WELL AS ANY WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY OR SUITABILITY OF ANY PRODUCTS, SERVICES OR BUSINESSES THAT MAY BE DISPLAYED ON THE SITE, ON THE MOBILE APPLICATIONS, OR THROUGH SERVICES, OR THE CONDUCT OF USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES AND WITH OTHER PERSONS OR ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, MOBILE APPLICATIONS, AND/OR SERVICES, PARTICULARLY IF YOU DECIDE MEET OR CONDUCT BUSINESS OFFLINE OR IN PERSON.Consumer LawYour use of the Site and/or the Mobile Applications may be subject to laws that provide you with certain warranties, guarantees, rights and remedies that cannot be excluded (“Non-excludable Guarantees”). Nothing in these Terms (including the disclaimers above and limitations of liability below) will be read or applied so as to exclude, restrict or modify any Non-excludable Guarantees, however, to the extent permitted by law, our liability is limited to the statutory remedies (if any) available for breach or failure to comply with the Non-excludable Guarantees.
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LANGUAGE
The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.​
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GENERAL TERMS
ELIGIBILITY
Membership is void where prohibited. This website is intended solely for Users who are 13 years of age or older. Any registration by, use of, or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Shred512 Services, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.
TERM
These Terms of Service shall remain in full force and effect while you use the Shred512 Services or are a Member. Subject to the limitations set forth in your membership agreement, you may terminate your membership at any time, for any reason, by following the instructions on the “My Account” page. Shred512 may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
FEES
You acknowledge that Shred512 charges fees for its services, and Shred512 reserves the right to change its fees from time to time in its discretion. If Shred512 terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of your membership or other fees.
PASSWORD
When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Shred512 immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
USE OF THE WEBSITE AND SHRED512 APP — PERMISSIONS AND RESTRICTIONS
Shred512 hereby grants you permission to access and use the website and Shred512 App as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the website or Shred512 App, without Shred512’s prior written authorization and you agree not to alter or modify any part of the website, the Shred512 App, or any of their related technologies. You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations. Shred512 reserves the right to discontinue any aspect of the Shred512 website or Shred512 App at any time.
YOUR USE OF CONTENT ON THE SITE AND SHRED512 APP
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Shred512 website and Shred512 App. The content on the Shred512 website and Shred512 App, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Shred512, subject to trademark, trade dress, copyright and other intellectual property rights under the law. Content on the website and Shred512 App is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Shred512 reserves all rights not expressly granted in and to the website, the Shred512 App, and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Shred512 website or the Shred512 Services, provided by you to Shred512 are non-confidential and shall become the sole property of Shred512. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Shred512 website and Shred512 App, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Shred512 website, the Shred512 App, or the Content therein.
TRADEMARKS
“Shred512,” the “Shred512” logo, and any other trademarks, service marks, trade names and identifying characteristics, including without limitation, the graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trade names or trade dress of Shred512 and its affiliates in the U.S. and/or other countries for which applications are pending, or registrations have been issued. Shred512’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Shred512.
MOBILE SERVICES
The Shred512 Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Shred512 Services via your mobile phone, (ii) the ability to receive and reply to Shred512 messages, (iii) the ability to browse the Shred512 website and Shred512 App from your mobile phone and (iv) the ability to access certain Shred512 features through the Shred512 App you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Shred512 and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
ACCOUNT TERMINATION POLICY
Shred512 will terminate a User’s access to its website, the Shred512 App, or the Mobile Services if, under appropriate circumstances, they are determined to be a repeat infringer of this Terms of Service or any other policy of Shred512. YOU AGREE THAT YOUR USE OF THE SHRED512 WEBSITE AND MOBILE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SHRED512, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND MOBILE SERVICES AND YOUR USE THEREOF. SHRED512 MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE SHRED512 SERVICES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SHRED512 WEBSITE. SHRED512 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SHRED512 WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SHRED512 WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE SHRED512 SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND SHRED512 EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SHRED512 CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SHRED512 SERVICES.
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LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE MOBILE APPLCATIONS OR FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF (INCLUDING, BUT NOT LIMITED TO, ORANGETHEORY FRANCHISEES). YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE, SITE, THE MOBILE APPLICATIONS, OR SERVICES, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SHRED512, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SHRED512 WEBSITE OR THROUGH USE OF THE MOBILE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SHRED512 SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The website, the Shred512 App, and the Mobile Services are controlled and offered by Shred512 from its facilities in the United States of America. Shred512 makes no representations that the Shred512 website, the Shred512 App, or the Shred512 Mobile Services are appropriate or available for use in other locations. Those who access or use the Shred512 website, the Shred512 App, or the Shred512 Mobile Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
INDEMNITY
You agree to defend, indemnify and hold harmless Shred512, its affiliates, parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Shred512 website, the Shred512 App, and the Mobile Services, or your violation of any term of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Shred512 website, the Shred512 App, and the Mobile Services.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as neither the Shred512 website, the Shred512 App, nor the Shred512 Mobile Services are intended for children under 13. If you are under 13 years of age, then please do not use the Shred512 website, Shred512 App, or the Mobile Services
ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shred512 without restriction.
GOVERNING LAW; VENUE AND JURISDICTION
You agree that: (i) the Shred512 website, the Shred512 App, and the Mobile Services shall be deemed solely based in Illinois; and (ii) the Shred512 website, Shred512 App and Shred512 Mobile Services shall be deemed a passive website that does not give rise to personal jurisdiction over Shred512, either specific or general, in jurisdictions other than Texas. These Terms of Service shall be governed by the internal substantive laws of the state of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and Shred512 that arises in whole or in part from the Shred512 website, Shred512 App, or the Mobile Services shall be decided exclusively by a court of competent jurisdiction located in Hays County, Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Texas. These Terms of Service, together with the Privacy Policy and any other legal notices published by Shred512 on the website and the Shred512 App, shall constitute the entire agreement between you and Shred512 concerning the Shred512 website, the Shred512 App, and the Shred512 Mobile Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Shred512’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Shred512 reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Shred512 website or Shred512 App following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SHRED512 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SHRED512 WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
ARBITRATION
YOU AND SHRED512 AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SHRED512 WEBSITE OR THE SHRED512 APP IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SHRED512 WEBSITE, SHRED512 APP, AND/OR THE MOBILE SERVICES, SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. Either Shred512 or you may demand that any dispute between Shred512 and you about or involving the Shred512 Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Hays County, Texas, USA, provided that the foregoing shall not prevent Shred512 from seeking injunctive relief in a court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Shred512 website, the Shred512 App, or the Mobile Services, provided by you to Shred512 are non-confidential and shall become the sole property of Shred512. Shred512 shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
HOW TO CONTACT US
If you have any questions or concerns about the Shred512 Terms and Conditions for this site, its implementation or your personal information, you may contact us by email at: buda@Shred512fitness.com, by telephone at (512) 760-5121, or by postal mail to Shred512 Franchising LLC, 1245 Main Street., Unit 110, Buda, TX 78610.
Copyright © 2022 Shred512 LLC. All Rights Reserved. Updated 01/01/2025.
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GENERAL
We prefer to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by us, may result in immediate termination of your access to the Site and/or license to use the mobile applications without prior notice to you. The Federal Arbitration Act, Texas state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms, the Site, or the mobile applications will be heard in the courts located in Hays County in the State of Texas. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Our failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and the Company and supersede all prior or contemporaneous oral or written negotiations, discussions or agreements between you and the Company about the Site and the mobile applications. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.