THE TRUCKING FITNESS COMPANY
RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT; TERMINATION AND PROGRAM BILLING
The term “The Trucking Fitness Company,” “us” or “we” refers to The Trucking Fitness Company, LLC, the owner of the Website, whose registered office is 5532 Wooded Creek Drive Saint Charles, MO 63304. The term “you” refers to the viewer and/or user of this Website and/or the Services.
The content of the pages of this Website and the Services is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability for any particular purpose of the Services found in and/or offered on this Website. You acknowledge that the Services may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of the Services found in and/or offered on this Website is entirely at your own risk, for which we shall not be liable. It is your responsibility to ensure that the Services found in and/or offered through this Website meet your specific requirements. Your access to and use of the Website, Services and/or Program (as defined herein) is based on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website, the Services and/or the Program.
By accessing or using the Website, the Services and/or the Program, you agree to be bound by these Terms and Conditions and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Website, the Services or the Program.
This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.
All trademarks reproduced in this Website that are not the property of or licensed to us are acknowledged on this Website.
Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense.
From time to time this Website may also include links to other websites. These links are provided solely for your convenience. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this Website and/or the Services and any dispute arising out of such use of this Website and/or the Services is subject to the laws of the United States of America.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website and/or the Services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
What we collect:
We may collect the following information: Your name, contact information including email address(es), demographic information or other information relevant to customer surveys and/or offers.
What we do with the information we gather:
We require this information to understand your needs and, in particular, for the following reasons:
internal record keeping;
to improve our Services;
to periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided;
to contact you for market research purposes, by email, phone, fax or mail; and
to customize the Website and/or Services according to your interests.
The Trucking Fitness Company retains certain information about your account (username and email address) in perpetuity.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve the Website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better Website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Website.
Links to other websites:
RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT; TERMINATION AND PROGRAM BILLING
- ACTIVITY AND ASSOCIATED RISKS: I, the undersigned, have chosen to participate in a The Trucking Fitness Company Strength/Fitness Program and/or Nutrition Program (individually and collectively the “Program”), which is provided by The Trucking Fitness Company and I understand and acknowledge that:
- the Program is a physical activity, and I may be exposed to dangers and inherent risks (that cannot be eliminated regardless of the care taken to avoid injuries) including but not limited to overexertion, minor injuries such as scrapes, bruises, sprains and strains, more serious injuries such as joint, muscle and bone injuries, concussions and other head injuries, and catastrophic injuries and conditions such as heart attacks and other injuries or conditions which could be fatal;
- that I am in good health and physically fit to enter into a training program which involves the use of weights, dumbbells, resistance bands and other strength training equipment;
- THE PROGRAM, ANY COMPONENT OF THE PROGRAM, OR ANY CORRESPONDENCE WITH THE TRUCKING FITNESS COMPANY RELATED TO THE PROGRAM, THE WEBSITE OR THE SERVICES IS NOT MEDICAL ADVICE NOR IS IT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR YOUR FITNESS TO PARTICIPATE IN A PHYSICAL ACTIVITY.
In consideration of the permission to participate in the Program, I agree to the terms below:
- ASSUMPTION OF THE RISKS: I hereby freely assume the above-mentioned risks as well as other risks not listed that are part of the Program, and any harm, injury or loss that may occur to me as a result of my participation in the Program. I also understand that any equipment used is used at my own risk.
- RELEASE OF LIABILITY: I hereby release The Trucking Fitness Company, its members, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors (collectively the “Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occur to me as a result of my use of the Website, the Services or participation in the Program or in any way related to the Website, the Services or the Program. This RELEASE does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Missouri law does not permit to be excluded by agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur as a result of my use of the Website, the Services or participation in the Program or in any way related in any way to Website, the Services or the Program.
We do not guarantee, represent or warrant that your use of the Website, the Services and/or the Program will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Website, the Services or the Program will be accurate or reliable.
You agree that from time to time we may remove the Website, the Services and/or the Program for indefinite periods of time or cancel the Services and/or the Program at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Website, the Services and Program is at your sole risk. The Website, the Services, the Program and all products and services delivered to you through the Website, the Services and the Program are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement all of which are specifically disclaimed.
In no case shall the Released Parties be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website, the Services, the Program or any products procured using the Website, the Services or the Program, or for any other claim related in any way to your use of the Website, the Services or the Program, or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website, the Services, the Program or any content (or product) posted, transmitted, or otherwise made available via the Website, the Services, or the Program, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims to which Section 3 of this Agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against all claims for my own negligence, and any other claim arising from my use of the Website, the Services and/or my conduct during participation in the Program. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorneys’ fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this Agreement, including the indemnification obligation in this Section 4, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
- AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the instructions as provided by The Trucking Fitness Company regarding the performance of and execution of the Program. Furthermore, I agree that the Program provided is for my personal use and shall not be shared with anyone.
- USE OF MY LIKENESS: I understand that during the Program I may be asked to submit photos or videos of myself performing prescribed exercises. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to The Trucking Fitness Company and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole of in part, in any form, without restrictions, and for any purpose. In the event that I DO NOT wish for my likeness to be used by The Trucking Fitness Company for any purpose, I will OPT-OUT by providing clear written notice at the beginning of the Program to the following email address: firstname.lastname@example.org.
- SEVERABILITY: I agree that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this Agreement.
- APPLICABLE LAW, FORUM & ATTORNEYS’ FEES: This Agreement is governed by and shall be construed in accordance with the laws of the State of Missouri, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Program shall be brought only in Missouri and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this Agreement is contested, I agree that the non-prevailing party will pay all attorneys’ fees and costs of the party seeking to enforce the Agreement.
- TERMINATION; PROGRAM BILLING:
The obligations and liabilities of the parties hereto incurred prior to the termination of this Agreement shall survive termination.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Services and/or the Program (or any part thereof).
To cancel your recurring membership, login and manage your account at the link here [hyperlink?]. All payments, whether monthly or annually (in correspondence with your recurring subscription type and term) are collected in advance and are final. There are no minimum terms, and you can cancel your subscription at any time.
As long as you cancel before your next billing date, you will not be charged again. You will continue to have access to the Program until your next billing date. After that date, you will no longer have access to the members-only sections of the Website. If you do not cancel your subscription before your next billing date, you will be charged for the following term. Purchase of any membership, registration of any subscription, or any other Program access or download acknowledges understanding of and agreement to these payment and cancellation terms and waives any right to refund on payments made.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT. I HAVE NOT BEEN INDUCED TO AGREE TO THIS RELEASE.