Terms Of Service – Surf Strong Fitness

Terms Of Service

Effective, January 27, 2014
Updated, December 10, 2019

Thank you for visiting our website. Please read the following information carefully prior to using this website.

These Terms of Service (collectively, the "Terms") shall be governed by construed in accordance with the laws of the State of California. OTHER THAN TO READ THESE TERMS FOR THE FIRST TIME, BY ACCESSING AND USING STUDIO FITNESS & WELLNESS, LLC’S, WEBSITE ("WEBSITE") OR ANY OF ITS PRODUCTS, SERVICES, AND CONTENT (I.E., THE TEXT, IMAGES, DATA, AND INFORMATION) CONTAINED ON THE WEBSITE OR ANY PORTION THEREOF (COLLECTIVELY "WEBSITE MATERIALS"), YOU SIGNIFY YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR DOWNLOAD ANY WEBSITE MATERIALS FROM IT.

Please bear in mind that Studio Fitness & Wellness, LLC is a corporation organized under the laws of the State of California, and has its headquarters in California. The servers that host this Website are located in the United States, and any personal details you provide to us will be processed by Studio Fitness & Wellness, LLC, in the United States. 

Website Notice Regarding Medical Advice

THE SITE DOES NOT PROVIDE MEDICAL ADVICE. This Website is an educational service that provides general health information and is intended only to assist users in their diet and exercise plan. Surf Strong Fitness is not a medical organization and our staff will not give you medical advice or diagnosis. Nothing contained on this website should be construed as medical advice or diagnosis. The information and materials provided by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, nor as an endorsement of any Third Party Sellers products or services.

You are urged and advised to seek the advice of a physician before beginning any weight loss effort or exercise regimen. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by those under the age of 18 (or the age of majority in the jurisdiction where you reside) pregnant women, or individuals with any type of health condition. Such individuals are strongly discouraged from using this website and are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or exercise regimen. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.

If you think you may have a medical emergency, call your doctor or 911 immediately. Surf Strong Fitness does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Website. This Website may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Website.

Minors Policy

WE DO NOT PROVIDE SERVICES OR SELL PRODUCTS TO PERSONS UNDER THE AGE OF EIGHTEEN (18) WITHOUT THE EXPRESS PERMISSION OF AND ACTIVE INVOLVEMENT OF A PARENT OR LEGAL GUARDIAN. We are committed to protecting the privacy of children. Neither Studio Fitness & Wellness, LLC, nor any of its services are designed or intended to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is under the age of 18. If we discover that any personally identifiable information from a minor under the age of 18 has been submitted toStudio Fitness & Wellness, LLC, or this Website unbeknownst toStudio Fitness & Wellness, LLC, we will remove that information from our database as soon as possible.

Intellectual Property Rights

Ownership

All Website Materials, including any intellectual property rights in such Website Materials, are the property of Studio Fitness & Wellness, LLC, its affiliates, licensors, or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see on this Website is copyrighted unless otherwise noted, and may not be used without our written permission except as provided in these Terms.

Limited Right to Use Website

Subject to these Terms, you may view, copy, print, and download the Website Materials solely for personal and informational purposes without modification in any way. You may not (i) copy, distribute, or use the Website Materials for any commercial purpose, (ii) make derivative works of the Website Materials, or (iii) incorporate the Website Materials in any other web page or work. The Website and the Website Materials, and all intellectual property rights therein, are the property ofStudio Fitness & Wellness, LLC, and its licensors, and no ownership interest is transferred by virtue of making the Website Materials available on the Website or granting the foregoing licenses. All reproductions of the Website Materials or portions thereof must keep intact all copyright and proprietary notices. Further, nothing contained in the Website shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright or trademark ofStudio Fitness & Wellness, LLC, or any third-party.

Third-Party Content Providers

With respect to any Content obtained from or belonging to Studio Fitness & Wellness, LLC, the following applies:

"This information is proprietary to Studio Fitness & Wellness, LLC, and is protected under U.S. copyright law and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part to any third party; and you will not make such information available in whole or in part to any other user in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the personal computer or mobile device used to access this information."

Good Samaritan Policy

It is our policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. We will, in good faith, make commercially reasonable efforts to remove, disable, or restrict access to the availability of Website Materials on the Website that, in our subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose uponStudio Fitness & Wellness, LLC, any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Website.

If you believe someone has violated this policy, we ask you to promptly notify our Customer Service department by e-mail at (surf-at-surfstrongfitness-dot-com) or by phone (805 776 3676) (attention: User support.) You must use this address or phone number if you want to ensure that the complaint is actually received by the appropriate party who is responsible for investigating alleged violations of this policy.

General terms

Amendment, Suspension and Termination

Subject to the provisions above,Studio Fitness & Wellness, LLC, may modify, and amend these Terms as it deems appropriate at any time with or without notice, by updating this posting. Each such modification will be effective as of the date of the posting of the amended Terms. You should visit this page periodically to review the then-current Terms. If at any time these Terms are not acceptable to you, you should immediately cease use of the Website and Website Materials. You agree that the above-stated standard for notice of amendments is reasonable. In addition, Studio Fitness & Wellness, LLC, reserves the right to suspend, discontinue, or terminate your access to the Website or Website Materials at any time, for any reason, and with or without notice.

Limitation of Liability

IN NO EVENT WILL STUDIO FITNESS & WELLNESS, LLC, OR ITS SUPPLIERS OR LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS 

OR DAMAGE TO DATA, ARISING OUT OF OR RELATED TO THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THIS WEBSITE OR THE WEBSITE MATERIALS, ANY LINKED WEBSITE, OR ANY THIRD-PARTY PRODUCTS OR SERVICES, OR DAMAGES FROM YOUR RELIANCE ON THE RECOMMENDATIONS OR RESULTS BASED ON OR GENERATED FROM THE WEBSITE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF IROLLIE MARKETING, LLC,OR ITS SUPPLIERS OR LICENSORS, ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer

STUDIO FITNESS & WELLNESS, LLC, ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, CORRECTNESS, TIMELINESS, OR CONTENT OF THE MATERIALS PROVIDED ON THIS WEBSITE. YOU AGREE THAT IROLLIE MARKETING, LLC, IS NOT RESPONSIBLE OR LIABLE FOR YOUR RELIANCE UPON ANY WEBSITE MATERIALS OR RECOMMENDATIONS OR RESULTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS. IN ADDITION, YOU SHOULD NOT ASSUME THAT THE WEBSITE MATERIALS ON THIS WEBSITE ARE CONTINUOUSLY UPDATED OR OTHERWISE CONTAIN CURRENT INFORMATION.STUDIO FITNESS & WELLNESS, LLC,IS NOT RESPONSIBLE FOR SUPPLYING CONTENT OR MATERIALS FROM THE WEBSITE THAT HAVE BEEN PROVIDED BY OTHER USERS OF THE WEBSITE, HAVE EXPIRED, OR HAVE BEEN REMOVED. THE WEBSITE MATERIALS ARE PROVIDED "AS IS" AND STUDIO FITNESS & WELLNESS, LLC MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY WEBSITE MATERIAL DISTRIBUTED THROUGH ITS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, STUDIO FITNESS & WELLNESS, LLC, HEREBY DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED), CONDITIONS OR OTHER TERMS OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.

BY USING THIS WEBSITE YOU AGREE TO ACCEPT ALL RISKS ASSOCIATED WITH THE WEBSITE MATERIALS AND ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS. THE WEBSITE MATERIALS AND ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS ARE NOT INTENDED TO REPLACE THE CARE YOU WOULD RECEIVE FROM A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL OR TO BE USED AS A MEDICAL DIAGNOSIS. ALWAYS CONSULT YOUR DOCTOR BEFORE BEGINNING ANY HEALTH PROGRAM, EXERCISE PROGRAM, NUTRITIONAL PROGRAM, OR ANY OTHER PROGRAM YOU LEARNED ABOUT THROUGH THE WEBSITE OR WEBSITE MATERIALS OR BASED ON ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS.STUDIO FITNESS & WELLNESS, LLC,IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURY THAT MAY RESULT FROM ACTIONS TAKEN OR NOT TAKEN BY YOU RELYING ON THE WEBSITE, WEBSITE MATERIALS, OR ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS.

Indemnification

You agree to defend, indemnify and hold harmlessStudio Fitness & Wellness, LLC, and its officers, directors, employees, contractors, and any Affiliates it may have from any and all demands, claims, damages, liabilities, expenses, or harms, including attorneys fees, arising out of or in connection with your use of this Website, online conduct, breach of these Terms, or dealings or transactions with other persons resulting from your use of this Website.

Miscellaneous

The sections titled Limitation of Liability, Indemnification, Disclaimer, and Miscellaneous shall survive any termination of these Terms. All rights and remedies, whether conferred hereunder or by any other instrument or law, will be cumulative and may be exercised singularly or concurrently. The failure ofStudio Fitness & Wellness, LLC, to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The provisions stated herein are severable and if any provision(s) of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired thereby.

With respect to any and all disputes arising out of or in connection with this Website or these Terms, Studio Fitness & Wellness, LLC, and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.

Studio Fitness & Wellness, LLC, has no obligation to become involved in any dispute between a user and any other person. You are solely responsible for your interactions with other Studio Fitness & Wellness, LLC, users.Studio Fitness & Wellness, LLC, reserves the right, but has no obligation to, monitor disputes between you and other members. This Website, these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. Studio Fitness & Wellness, LLC, and you agree that all disputes arising under these Terms will be settled exclusively through confidential binding arbitration in San Francisco, California or another forum mutually agreed upon by you and Studio Fitness & Wellness, LLC, pursuant to the Commercial Arbitration Rules ("Rules") of the American Arbitration Association by a sole arbitrator nominated by agreement of you and Studio Fitness & Wellness, LLC, and confirmed in accordance with the Rules. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Studio Fitness & Wellness, LLC, is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision.

These Terms constitute the entire agreement between you and Studio Fitness & Wellness, LLC, with respect to the subject matter hereof. Neither you nor Studio Fitness & Wellness, LLC, shall be bound by any conditions, definitions, warranties, understandings, or representations with respect to the subject matter hereof other than as expressly provided herein. The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of the Terms. No oral explanation or oral information by either party hereto shall alter the meaning or interpretation of the Terms. No modification or amendment to these Terms by you will be effective unless assented to in writing by Studio Fitness & Wellness.

Contacting Studio Fitness & Wellness, LLC,

Questions regarding these Terms of Service should be directed to: Attention: Studio Fitness & Wellness, LLC, 630 QUINTANA AVE. MORRO BAY, CA 93442 surf [at] surfstrongfit [dot] com  

Attention: Studio Fitness & Wellness, LLC, 630 QUINTANA AVE. MORRO BAY, CA 93442 surf [at] surfstrongfitness [dot] com In addition we may be contacted by calling us at (805) 776 3676.

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