- (657) 447-0517
- info@superheatfitness.com
- P.O. Box 18821, Anaheim, CA 92817
Super Heat Fitness LLC (“Super Heat Fitness”) provides websites that enable users (“You”) to access information about Super Heat Fitness and its products and/or services (referred to collectively as the “Services”). PLEASE CAREFULLY READ THESE TERMS OF SERVICE AND END USER LICENSE AGREEMENT (“Terms”) BEFORE UTILIZING THE SERVICES.
1. Acceptance of Terms
THESE TERMS, AS AMENDED AND PUBLISHED ON THE SUPER HEAT FITNESS WEBSITE, AND INCORPORATING THE SUPER HEAT FITNESS PRIVACY POLICY AVAILABLE AT https://www.superheatfitness.com/privacy-policy (the “Privacy Policy”), CONSTITUTE A LEGAL AGREEMENT BETWEEN SUPER HEAT FITNESS AND YOU.
YOU MUST REVIEW AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE SERVICES. BY USING THE SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE REFRAIN FROM USING THE SERVICES.
Super Heat Fitness reserves the right to modify these Terms at any time and for any reason at its sole discretion. It is Your responsibility to regularly review these Terms. Any modifications to these Terms will be effective immediately upon publication. If You are dissatisfied with any provision of (or modification to) these Terms, Your sole recourse is to terminate Your use of the Services, as outlined in Section 10 (Termination and Continuation) of these Terms. Your continued use of the Services following any change or update to the Terms constitutes Your acceptance thereof.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SERVICES. By using the Services, You affirm and warrant that:
You are 18 years of age or older;
All registration information submitted to Super Heat Fitness by You is truthful and accurate;
You will ensure the accuracy of any registration information provided to Super Heat Fitness; and
Your use of the Services complies with all applicable laws and regulations.
Subject to Your compliance with these Terms, Super Heat Fitness grants You a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license and right to access the Services via a standard web browser or mobile device, to view information, and to utilize the Services.
In order to access our Services, you may need to create a user profile (an “Account”). By creating an Account, you affirm that all registration details provided to Super Heat Fitness LLC (“Super Heat Fitness”) are current, complete, accurate, and truthful. It is your responsibility to promptly update any changes to this information.
You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your Account, whether or not authorized by you. Promptly inform Super Heat Fitness of any unauthorized use or security breaches related to your Account and provide requested evidence. Super Heat Fitness is not liable for any losses incurred due to unauthorized use of your password or Account, and you agree to indemnify Super Heat Fitness for any losses incurred due to another party’s use of your Account or password.
Super Heat Fitness reserves the right to suspend or terminate your Account or access to the Services at any time, with or without notice, and to modify or discontinue any service or feature without notice.
Certain Services may require payment of fees to Super Heat Fitness. If you purchase any fee-based Services, you agree to provide accurate billing information.
“Content” refers to all material and information, including data, images, text, and multimedia, provided to you through the Services. All Content is provided “as is” and at your own risk.
You acknowledge that all Content is the property of Super Heat Fitness and/or its licensors, and you have no intellectual property rights or other rights in any Content.
No Content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold without prior written permission from Super Heat Fitness.
Engaging with our Services in a manner that violates these terms constitutes a breach of Super Heat Fitness LLC’s copyright rights concerning the content.
You Must:
Under no circumstances may you use the Services in a way that:
By providing your email address to Super Heat Fitness LLC (“Super Heat Fitness”) and opting into Super Heat Fitness communications, you acknowledge and consent to receiving periodic updates about current and upcoming services offered through the Service. You retain the option to unsubscribe at any time by discontinuing your Account, as detailed in Section 10 (Termination and Continuation).
8. Privacy and Security Measures
You acknowledge that any information you provide or that is collected by Super Heat Fitness in connection with your use of the Services will be handled according to the terms outlined in these Terms and/or in the Privacy Policy (https://www.superheatfitness.com/privacy-policy), which is hereby incorporated by reference. Should you disagree with the Privacy Policy, your usage of the Services must cease. While Super Heat Fitness endeavors to maintain the privacy and security of your use of the Services and any information provided by you, we cannot guarantee absolute privacy or security. You are solely responsible for implementing appropriate precautions and security measures suited to your circumstances and intended use of the Services.
Super Heat Fitness operates and controls the Services from its offices within the United States. Super Heat Fitness makes no representation that the Content and other materials available through the Services are suitable or accessible for use in other locations. Users who access the Services from locations outside the United States do so at their own initiative and are responsible for ensuring compliance with local laws, where applicable.
These Terms remain in effect until terminated. Super Heat Fitness reserves the right to terminate these Terms with or without prior notice by terminating your Account, as outlined in Section 4 (User Profiles). You may terminate these Terms and your Account by sending an email expressing your intent to terminate to Super Heat Fitness at info@superheatfitness.com, Attention: Accounts Department, with the subject line “Account Termination”. Termination is effective upon acknowledgment by Super Heat Fitness, provided such acknowledgment occurs within twenty (20) business days of receipt of the termination email.
The provisions of Sections 5 (Content Ownership), 10 (Termination and Continuation), 12 (Warranty Disclaimer; Liability Limitation), 13 (Indemnification), 14 (Legal Jurisdiction and Applicable Law), and 16 (Fees and Billing) shall survive the termination of these Terms.
Super Heat Fitness LLC’s website and/or the Services may contain links to third-party sites (“Linked Sites”). These Linked Sites are beyond the control of Super Heat Fitness. Super Heat Fitness assumes no responsibility for the content, business practices, or privacy policies of Linked Sites, nor for the collection, use, or disclosure of any information by Linked Sites. The inclusion of any link is provided solely for convenience, and it does not imply endorsement by Super Heat Fitness of any Linked Site.
In this section, “Super Heat Fitness Parties” refers to Super Heat Fitness and its affiliates, subsidiaries, officers, directors, shareholders, employees, licensors, distributors, sublicensees, agents, and subcontractors.
YOU ACKNOWLEDGE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTIES (INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE), UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Super Heat Fitness Parties DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN NO EVENT SHALL THE LIABILITY OF SUPER HEAT FITNESS PARTIES TO YOU EXCEED THE AMOUNT PAID BY YOU TO SUPER HEAT FITNESS OR ITS DESIGNEES DURING THE PRECEDING ONE-MONTH PERIOD IN RELATION TO THE APPLICABLE SERVICES THAT GAVE RISE TO SUCH LIABILITY. UNDER NO CIRCUMSTANCES SHALL SUPER HEAT FITNESS PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF SUPER HEAT FITNESS’ WEBSITE, THE SERVICES, THE CONTENT, OR ANY OTHER CLAIM RELATED TO YOUR INTERACTIONS WITH SUPER HEAT FITNESS.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE, THE LIABILITY OF SUPER HEAT FITNESS AND SUPER HEAT FITNESS PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES OR JURISDICTIONS.
You agree to protect, indemnify, and hold harmless Super Heat Fitness LLC (“Super Heat Fitness”) and its affiliates from and against all claims, losses, expenses (including reasonable attorneys’ fees), and costs arising from:
These Terms and any disputes arising from them are governed by the laws of the State of California. By using the Services, you consent to the exclusive jurisdiction of the federal and state courts located in Orange County, California, without regard to conflicts of laws principles or the United Nations Convention on Contracts for the International Sale of Goods. Users accessing the Services from locations outside California do so at their own discretion and are responsible for complying with local laws.
Super Heat Fitness does not accept or review unsolicited ideas, including proposals for new promotions, products, technologies, or processes (“User Contributions”). You must not transmit any User Contribution via Super Heat Fitness’ website or Services through email services you consider confidential or proprietary, as any User Contribution is deemed non-confidential under these Terms. You are responsible for any User Contributions you make. By submitting User Contributions to Super Heat Fitness, including concepts, know-how, or ideas, you grant Super Heat Fitness a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, prepare derivative works of, and display such User Contributions in connection with Super Heat Fitness’ website and business operations, including promotion and redistribution, without any payment or accounting to you or others, subject to the terms of Super Heat Fitness’ Privacy Policy.
You agree to settle all fees or charges associated with your Account, including applicable taxes, as outlined in these Terms and the prevailing billing terms. Unless specified otherwise, all prices are stated in US Dollars. By using Super Heat Fitness LLC’s (“Super Heat Fitness”) Services, you affirm that you are authorized to use the chosen payment method for all incurred fees and taxes. You bear full responsibility for all charges to your Account. Super Heat Fitness may offer products or services for online purchase, requiring users to be at least 18 years old to proceed with such transactions. By making an online purchase from Super Heat Fitness, you confirm that you meet the age requirement.
Super Heat Fitness reserves the right to assign these Terms, either in full or in part, at its discretion. However, you are not permitted to assign, transfer, or sublicense these Terms or any associated rights or obligations without the express written consent of Super Heat Fitness.
No waiver by either party of any breach or default under these Terms shall be construed as a waiver of any preceding or subsequent breach or default.
Section titles, headings, or captions used herein are for convenience only and do not define or explain any section or provision.
Super Heat Fitness may notify you through various means, including website postings, email, or regular mail, at its sole discretion. Additionally, Super Heat Fitness may communicate changes to these Terms or other matters by displaying such notices or providing links to them through the Services. You agree that printed versions of these Terms and any notices in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally produced and maintained in printed form.
In the event that any part of these Terms (including, but not limited to, the warranty disclaimers and liability limitations outlined above) is found to be invalid or unenforceable under applicable law, such invalid or unenforceable provision shall be replaced by a valid, enforceable provision that best reflects the original intent of the provision. The remaining portions of these Terms shall remain valid and enforceable.
These Terms, along with any documents expressly referenced herein, constitute the entire agreement between you and Super Heat Fitness LLC (“Super Heat Fitness”) regarding its subject matter. These Terms supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Super Heat Fitness regarding the subject matter herein. By accepting these Terms, you acknowledge that you have not relied on any such communications.
Pursuant to California Civil Code Section 1789.3, California residents using our website are entitled to receive specific consumer rights information. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Should you have any questions, comments, or complaints regarding these Terms or the Services, please don’t hesitate to reach out to us at info@superheatfitness.com.
Both parties agree that a printed copy of these Terms (including any notices provided electronically) shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally produced and maintained in printed form. Furthermore, all correspondence relating to these Terms shall be conducted in the English language.
© 2024 Super Heat Fitness LLC – All Rights Reserved.
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