Terms & Conditions - IRON WILL FITNESS CLUB

Terms Of Use & Conditions

ironwillfitnessclub.com

We do not collect personally identifying information about you when you visit our site, unless you choose to provide such information to us. Providing such information is strictly voluntary.

Welcome to the website of Iron Will Fitness Club (“Iron Will Fitness”). Iron Will Fitness Club is pleased to make the websites located at ironwillfitnessclub.com (e.g., ironwillfitnessclub.com) (the “Sites”) available for your use and benefit. Using the Site(s), you agree to be bound by the Terms of Use below. Use of the Sites is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site(s) and may not use the Sites.
These Terms of Use apply to your access to and use of the Sites and do not alter in any way the terms and conditions of any other agreement you may have with Iron Will Fitness Club unless otherwise directed by Iron Will Fitness Club. If you breach any of these terms and conditions, your authorization to use the Sites automatically terminates, and you must immediately discontinue the use of the Sites.

COLLECTION OF VISITOR INFORMATION

Any information collected at the Site(s) is governed by our Privacy Policy unless otherwise stated. To access and use certain services available through the Site(s), you may be required to register with Iron Will Fitness Club through a login/registration page and agree to be bound by any additional applicable terms and conditions.

COPYRIGHT

All content, software, and technology included on the Sites or used in the operation of the Sites is the owned or licensed property of Iron Will Fitness Club or its content, software, and technology suppliers and is protected by the U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site(s) is the exclusive property of Iron Will Fitness Club and protected by the U.S. and international copyright laws. Iron Will Fitness Club grants you permission to view and use content, software, and technology made available to you on the Sites in connection with your own personal, noncommercial use of the Site(s). Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Sites is strictly prohibited.

TRADEMARKS

The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Sites are registered and unregistered Trademarks of Iron Will Fitness Club and others. Nothing on the Sites shall be construed as granting any license or right to use any Trademark displayed on the Sites without the prior written permission of the Trademark owner. Other product and company names mentioned in the Sites may be the Trademarks of their respective owners.

OTHER INTELLECTUAL PROPERTY

All other intellectual property rights related to the content, software, and technology included on the Sites or used in the operation of the Sites, including, without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Iron Will Fitness Club. Any use of these rights without the prior written permission of Iron Will Fitness Club is strictly prohibited.

ACCURACY

Information on the Sites may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. Iron Will Fitness Club reserves the right to correct errors, inaccuracies, or omissions and to discontinue, change or update information without prior notice. If Iron Will Fitness Club discovers price errors, they will be corrected on Iron Will Fitness Club’s systems, and the corrected price will apply to your order.

GENERAL PROVISION

English has been used in preparing these Terms of Use, and English shall be the controlling language concerning these Terms of Use and their interpretation. Any failure by Iron Will Fitness Club to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same. These Terms of Use shall be governed by the laws of the State of Georgia without giving effect to any principles or conflicts of laws. To resolve conflicts relating to or arising out of these Terms of Use or arising out of any other dispute or claim associated with Iron Will Fitness Club, you irrevocably and unconditionally:
(i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Georgia for any litigation or dispute arising out of or relating to these Terms of Use;
(ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Georgia Courts;
(iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and
(iv) agree the Georgia courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use accordingly.
If any portion of these Terms of Use is invalid, such holding shall not invalidate the other provisions of these Terms of Use. Use of the Sites is unauthorized in any jurisdiction that does not fully affect all of these Terms of Use, including this paragraph and the warranty disclaimers and liability exclusions above. Use of the Sites is unauthorized in any jurisdiction where all or any portion of the Sites may violate any legal requirements. You agree not to access the Sites in any such jurisdiction.

DISCLAIMER OF WARRANTIES

THE SITE(S) AND ALL CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. IRON WILL FITNESS CLUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. IRON WILL FITNESS CLUB MAKES NO REPRESENTATION THAT THE SITES OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IRON WILL FITNESS CLUB MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITES IS APPLICABLE AND APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. NOTHING IN THESE TERMS OF USE OR ANY ORAL OR WRITTEN DESCRIPTION OF THE SITES WILL CONSTITUTE A REPRESENTATION OR WARRANTY CONCERNING THE SITES.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT SUCH USE IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER IRON WILL FITNESS CLUB OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE SERVICES AVAILABLE THROUGH THE SITES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Prohibited Activities & Visitor Obligations
As a visitor or user of the Site(s), you shall not:

Violate any applicable law or regulation
Upload, post, use, transmit, or otherwise make available, including by email (each, a “Post”), any content or information that is false or inaccurate
Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable
Impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization
Engage in any activities or manipulate identifying material to misrepresent the origin of content
Post any content that is subject to any disclosure restrictions
Post any materials, items, information, or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights
Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
Use the Site(s) to disseminate any information or content, including by email that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or information or content that could otherwise be considered to be objectionable
Post any material that contains software viruses or any other corrupt computer code, files, or programs that impair the use of any computer software or hardware or telecommunications equipment
Interfere with or otherwise limit the use of the Site(s) by other users; or collect, compile, or store personal information about other users of the Site(s)
Disrupt or interfere with the operation of the Sites by overloading or exceeding the capacity of the Site(s) or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites or any affiliated or linked site(s)
Disrupt or interfere with the security of, or otherwise cause harm to, the Sites or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites or any affiliated or linked sites
Use any robot, spider, other automatic devices, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site(s) or the content contained therein without Iron Will Fitness Club’s prior, express, and written permission
Use the Sites for commercial purposes

You agree that you are solely responsible for the post of any content that you make available on or send through the Sites (“User Content”). In addition to the rights granted to Iron Will Fitness Club elsewhere in these Terms of Use, you hereby grant Iron Will Fitness Club the irrevocable right to copy and use User Content in connection with the Sites and for the purposes related to your Post of the User Content.
Although Iron Will Fitness Club has no obligation to screen, edit or monitor any of the User Content or user conduct on the Sites, Iron Will Fitness Club reserves the right and has absolute discretion to remove, screen, or edit any User Content and to monitor any user conduct on the Site(s) at any time and for any reason without notice. Your User Content may be available on the Sites for a limited period of time, as determined by Iron Will Fitness Club at its sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
By the Post of User Content to the Site(s), you represent and warrant that:

(a) the User Content is non-confidential and is not subject to disclosure restrictions under any applicable data privacy laws or regulations
(b) you have all necessary rights to post the User Content to the Sites and to grant the rights to Iron Will Fitness Club you grant in these Terms of Use
(c) the User Content is accurate and not misleading or harmful in any manner;
(d) the User Content, and your use and the Post thereof in connection with the Site(s), does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law

INDEMNIFICATION

You agree to indemnify, defend, and hold Iron Will Fitness Club and its successors and assigns harmless from and against, and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that Iron Will Fitness Club incurs or suffers which relate to your use of the Sites, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

LINKS TO OTHER WEBSITES

The Sites may contain links to other websites. Additionally, other websites may contain links to the Sites. Iron Will Fitness Club does not review or monitor the websites linked to the Sites, and Iron Will Fitness Club is not responsible for the content or policies of any other websites. Any link established by Iron Will Fitness Club does not constitute an endorsement of the other websites or create a relationship between Iron Will Fitness Club and the operators of other websites. Iron Will Fitness Club disclaims any liability with respect to your use of any other website, and you release Iron Will Fitness Club from any liability related to your use of any link to another website or any other website. Where the Sites contains a link to another website owned and/or operated by Iron Will Fitness Club, such website use may be subject to different and additional terms of use and privacy policy terms and conditions.

CHANGES TO TERMS OF USE

Iron Will Fitness Club may revise these Terms of Use at any time without notice. Any use of the Sites following the date on which changes to these Terms of Use or the Privacy Policy are published on the Sites shall constitute your acceptance of all such changes. You expressly agree that Iron Will Fitness Club shall have no obligation to provide you with any notice of any changes. You hereby waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

YOUR ACCOUNT

If you are a registered user of any of the Sites, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You agree to accept responsibility for all activities under your account or password. Iron Will Fitness Club reserves the right to refuse or restrict access or service, terminate accounts, or remove or edit content without notice and at its sole discretion.

IRON WILL FITNESS CLUB RETAIL

These Terms of Use do not apply to your use of and purchase of products or services from the shop. Ironwillfitnessclub.com website (the “Iron Will Fitness Club Retail Site”). Use of and/or purchases from the Iron Will Fitness Club Retail Site are subject to different terms and conditions. Iron Will Fitness Club disclaims any liability with respect to your use of the Iron Will Fitness Club Retail Site, and you release Iron Will Fitness Club from any liability related to your use of the Iron Will Fitness Club Retail Site. Iron Will Fitness Club encourages you to review the return policy and other information on the Iron Will Fitness Club Retail Site before purchasing or using that Site.

PAYMENT

You authorize Iron Will Fitness Club and any payment processing service provider it may engage to charge your credit card or to debit or process payment through any other offered means for any products or services you purchase using the Sites. You represent and warrant that you are the only one who will make payments in connection with the Sites, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Iron Will Fitness Club are nonrefundable, yes

FITNESS CLUB OWNERS, EMPLOYEES, TRAINERS, OR OTHER CONTRACTORS

THIS SECTION OF THESE TERMS OF USE APPLIES ONLY IF YOU ARE AN IRON WILL FITNESS CLUB® OWNER, EMPLOYEE, OUTSIDE TRAINER, OR OTHER CONTRACTOR WHO IS ALSO GIVEN ACCESS TO THE DATA OF OTHER USERS. You may use your ability to access data applicable to other persons (“Member Data”) and use the Member Data that is disclosed to you solely to assist the other person in that person’s use of the Sites or IRON WILL FITNESS CLUB® facilities or services. You must take all reasonable measures to prevent Member Data from being exposed or disclosed to others. You may not disclose any Member Data to any other person without the prior consent of Iron Will Fitness Club. You acknowledge that if any Member Data in your possession or control is exposed or disclosed without authority, whether by your fault or not, Iron Will Fitness Club may be required to give notice of such exposure to the affected members and law enforcement authorities. You will be deemed responsible for any losses suffered by Iron Will Fitness Club or by a member caused by your negligent, intentional, or malicious acts regarding violation of your obligations in this paragraph.

GENERAL PROVISIONS

English has been used in preparing these Terms of Use, and English shall be the controlling language concerning these Terms of Use and their interpretation.
Any failure by Iron Will Fitness Club to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.
These Terms of Use shall be governed by the laws of the State of Georgia without giving effect to any principles or conflicts of laws. To resolve conflicts relating to or arising out of these Terms of Use or arising out of any other dispute or claim associated with Iron Will Fitness Club, you irrevocably and unconditionally:
(i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Georgia (the “Georgia Courts”) for any litigation or dispute arising out of or relating to these Terms of Use;
(ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Georgia Courts;
(iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and
(iv) agree the Georgia courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use. If any portion of these Terms of Use is invalid, such holding shall not invalidate the other provisions of these Terms of Use. Use of the Sites is unauthorized in any jurisdiction that does not fully affect all of these Terms of Use, including this paragraph and the warranty disclaimers and liability exclusions above. Use of the Sites is unauthorized in any jurisdiction where all or any portion of the Sites may violate any legal requirements. You agree not to access the Sites in any such jurisdiction.
You are responsible for compliance with applicable laws.

SUBMISSIONS

Any questions, comments, suggestions, and similar materials or information that you send or submit to Iron Will Fitness Club or a third party provider on the Sites, by a Post or otherwise (collectively, “Submissions”), shall become Iron Will Fitness Club’s property; and you hereby transfer, sell, and assign to Iron Will Fitness Club all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Iron Will Fitness Club has no obligation of any kind whatsoever to maintain any confidentiality concerning any such Submissions. Iron Will Fitness Club shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent and without restriction or compensation.

CONTACT

For questions or comments related to the Sites or these Terms of Use, please contact us at ironwillfitnessclub.com.

Braselton, GA 30517

IRON WILL FITNESS