Terms and Conditions
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES.
This Agreement is subject to change by Xtreme Body Fitness in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
Xtreme Body Fitness may offer additional services or revise any of the services or pricing, at its discretion, and this Agreement will apply to all additional services or revised services. Xtreme Body Fitness also reserves the right to cease offering any of the Services.
1. Use of Site and Service
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
1.1. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Xtreme Body Fitness is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
1.2. Reporting of Violations. You will promptly report to Xtreme Body Fitness any violation of the Agreement by others, including but not limited to Registered Users.
1.3. Posting and Communication Restrictions. you will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
1.3.1. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
1.3.2. is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
1.3.3. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
1.3.4. contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
1.3.5. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
136.6. promotes or enables illegal or unlawful activities, such as violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
1.3.7. intended to defraud, swindle or deceive other users of the Services;
1.3.8. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
1.3.9. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
1.3.10. disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
1.6.11. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;
1.3.12. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
1.3.13. solicits gambling or engages in any gambling or similar activity;
1.3.14. uses scripts, bots or other automated technology to access the Site or Services;
1.4. No False Information. You will not provide inaccurate, misleading or false information to Xtreme Body Fitness or to any other user. If information provided to Xtreme Body Fitness or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Xtreme Body Fitness of such change.
1.5. No Advertising or Commercial Solicitation. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Xtreme Body Fitness, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay XtremeBody-Fitness.com US$50 for each such unsolicited communication you send through the Services.
1.6. No Harassment of Xtreme Body Fitness Employees or Agents. You will not harass, annoy, intimidate or threaten any Xtreme Body Fitness employees or agents engaged in providing any portion of the Services to you.
2. Proprietary Rights
2.1. Ownership of Proprietary Information. You hereby acknowledge and agree that Xtreme Body Fitness is the owner of highly valuable proprietary information, including without limitation, the exercise instructions, and videos. Xtreme Body Fitness owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
2.2. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
2.3. Other Users’ Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Xtreme Body Fitness or third party proprietary information available via the Services or the Site.
3. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors
The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of Xtreme Body Fitness, and Xtreme Body Fitness is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. Xtreme Body Fitness provides these links to you only as a convenience, and the inclusion of any link does not imply that Xtreme Body Fitness endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that Xtreme Body Fitness will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to Xtreme Body Fitness with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services.
4. Disclaimer of Warranty
4.1. No Warranties. This section will apply to the maximum extent permitted by applicable law. Xtreme Body Fitness PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Xtreme Body Fitness DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. Xtreme Body Fitness DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
4.2. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Xtreme Body Fitness, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Xtreme Body Fitness DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Xtreme Body Fitness. UNDER NO CIRCUMSTANCES WILL Xtreme Body Fitness BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
5. Limitation of Liability and Indemnification
IN NO EVENT WILL Xtreme Body Fitness BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Xtreme Body Fitness KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN CONSIDERATION OF THIS AGREEMENT, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Xtreme Body Fitness, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF (1) YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING CLAIMS OR DAMAGES RESULTING FROM DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY OR PROPERTY DAMAGE, MEDICAL OR ECONOMIC LOSSES; (2) ANY USER POSTINGS MADE BY YOU; (3) YOUR VIOLATION OF ANY TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY; OR (4) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. Xtreme Body Fitness RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH Xtreme Body Fitness IN ASSERTING ANY AVAILABLE DEFENSES. THIS AGREEMENT SHALL BE BINDING UPON YOUR HEIRS, ASSIGNEES, SUCCESSORS AND PERSONAL REPRESENTATIVES. YOU HEREBY FURTHER STATE THAT YOU CURRENTLY SUFFER FROM NO PHYSICAL OR MENTAL CONDITION THAT WOULD IMPAIR YOUR ABILITY TO FULLY PARTICIPATE IN THIS AGREEMENT.
6. Communication and Privacy
We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number in order to communicate with you regarding the Services.
7. Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Xtreme Body Fitness may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Xtreme Body Fitness reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to Xtreme Body Fitness by you will be nonrefundable and all outstanding or pending payments will immediately be due.
8. Renewals
8.1 In order to provide continuous service, Xtreme Body Fitness automatically renews all paid memberships for Services before such memberships expire. Such renewals are generally for the same duration as the original membership term. For example, a 1-month membership will renew on a monthly basis, a 12-month membership will renew on a 12-month basis, and so on. In addition, Xtreme Body Fitness sometimes offers special promotions that have renewal periods of different duration than the original membership term. Xtreme Body Fitness always communicates renewal periods to you upon confirmation of your membership and in the body of any special promotions that have renewal periods of different duration than the original membership term. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals.
9. Free Trial
This offer (the “Free Trial”), which is made to you by Xtreme Body Fitness entitles you access to the Xtreme Body Fitness for a period of four (4) weeks from the moment that you activate such trial period by submitting your payment details (the “Free Trial Period”). By submitting your payment details, you accept the Trial Offer and (i) consent to us using your payment details in accordance with our Privacy Policy, (ii) acknowledge and agree to Xtreme Body Fitness Terms and Conditions of Use and these Xtreme Body Fitness Free Trial Terms and Conditions, (iii) agree to submit a testimonial on your fitness success story (before and after pictures encouraged) at the end of the Trial Offer and grant rights to Xtreme Body Fitness to use the story and pictures on our website. If you decide that you do not want to become a paying user of the Xtreme Body Fitness Service upon the lapse of the Free Trial Period, you have to terminate your subscription by the end of the Free Trial Period. However, you must submit your testimonial on your fitness success story (before and after pictures encouraged) upon terminating your subscription per the agreed terms. You may only use this Free Trial Offer once. Xtreme Body Fitness reserves the right, in its absolute discretion, to withdraw or to modify this Free Trial Offer and/or Free Trial Terms and Conditions at any time without prior notice and with no liability.
10. Refunds
No refunds will be given.
11. General Provisions
11.1. Controlling Law and Jurisdiction. You acknowledge and agree that any violation of this Agreement may cause Xtreme Body Fitness irreparable harm, and therefore agree that Xtreme Body Fitness will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Xtreme Body Fitness may have for a breach of this Agreement.
11.2. Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Statement, and any applicable payment, renewal, Additional Services terms, comprise the entire agreement between you and XtremeBody-Fitness.com regarding the use of this Service, superseding any prior agreements between you and Xtreme Body Fitness related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of Xtreme Body Fitness to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
12. Revision Date
This Agreement was last revised on 22 November 2019.
This Agreement is subject to change by Xtreme Body Fitness in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
Xtreme Body Fitness may offer additional services or revise any of the services or pricing, at its discretion, and this Agreement will apply to all additional services or revised services. Xtreme Body Fitness also reserves the right to cease offering any of the Services.
1. Use of Site and Service
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
1.1. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Xtreme Body Fitness is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
1.2. Reporting of Violations. You will promptly report to Xtreme Body Fitness any violation of the Agreement by others, including but not limited to Registered Users.
1.3. Posting and Communication Restrictions. you will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
1.3.1. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
1.3.2. is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
1.3.3. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
1.3.4. contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
1.3.5. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
136.6. promotes or enables illegal or unlawful activities, such as violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
1.3.7. intended to defraud, swindle or deceive other users of the Services;
1.3.8. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
1.3.9. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
1.3.10. disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
1.6.11. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;
1.3.12. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
1.3.13. solicits gambling or engages in any gambling or similar activity;
1.3.14. uses scripts, bots or other automated technology to access the Site or Services;
1.4. No False Information. You will not provide inaccurate, misleading or false information to Xtreme Body Fitness or to any other user. If information provided to Xtreme Body Fitness or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Xtreme Body Fitness of such change.
1.5. No Advertising or Commercial Solicitation. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Xtreme Body Fitness, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay XtremeBody-Fitness.com US$50 for each such unsolicited communication you send through the Services.
1.6. No Harassment of Xtreme Body Fitness Employees or Agents. You will not harass, annoy, intimidate or threaten any Xtreme Body Fitness employees or agents engaged in providing any portion of the Services to you.
2. Proprietary Rights
2.1. Ownership of Proprietary Information. You hereby acknowledge and agree that Xtreme Body Fitness is the owner of highly valuable proprietary information, including without limitation, the exercise instructions, and videos. Xtreme Body Fitness owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
2.2. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
2.3. Other Users’ Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Xtreme Body Fitness or third party proprietary information available via the Services or the Site.
3. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors
The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of Xtreme Body Fitness, and Xtreme Body Fitness is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. Xtreme Body Fitness provides these links to you only as a convenience, and the inclusion of any link does not imply that Xtreme Body Fitness endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that Xtreme Body Fitness will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to Xtreme Body Fitness with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services.
4. Disclaimer of Warranty
4.1. No Warranties. This section will apply to the maximum extent permitted by applicable law. Xtreme Body Fitness PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Xtreme Body Fitness DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. Xtreme Body Fitness DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
4.2. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Xtreme Body Fitness, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Xtreme Body Fitness DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Xtreme Body Fitness. UNDER NO CIRCUMSTANCES WILL Xtreme Body Fitness BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
5. Limitation of Liability and Indemnification
IN NO EVENT WILL Xtreme Body Fitness BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Xtreme Body Fitness KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN CONSIDERATION OF THIS AGREEMENT, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Xtreme Body Fitness, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF (1) YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING CLAIMS OR DAMAGES RESULTING FROM DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY OR PROPERTY DAMAGE, MEDICAL OR ECONOMIC LOSSES; (2) ANY USER POSTINGS MADE BY YOU; (3) YOUR VIOLATION OF ANY TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY; OR (4) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. Xtreme Body Fitness RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH Xtreme Body Fitness IN ASSERTING ANY AVAILABLE DEFENSES. THIS AGREEMENT SHALL BE BINDING UPON YOUR HEIRS, ASSIGNEES, SUCCESSORS AND PERSONAL REPRESENTATIVES. YOU HEREBY FURTHER STATE THAT YOU CURRENTLY SUFFER FROM NO PHYSICAL OR MENTAL CONDITION THAT WOULD IMPAIR YOUR ABILITY TO FULLY PARTICIPATE IN THIS AGREEMENT.
6. Communication and Privacy
We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number in order to communicate with you regarding the Services.
7. Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Xtreme Body Fitness may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Xtreme Body Fitness reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to Xtreme Body Fitness by you will be nonrefundable and all outstanding or pending payments will immediately be due.
8. Renewals
8.1 In order to provide continuous service, Xtreme Body Fitness automatically renews all paid memberships for Services before such memberships expire. Such renewals are generally for the same duration as the original membership term. For example, a 1-month membership will renew on a monthly basis, a 12-month membership will renew on a 12-month basis, and so on. In addition, Xtreme Body Fitness sometimes offers special promotions that have renewal periods of different duration than the original membership term. Xtreme Body Fitness always communicates renewal periods to you upon confirmation of your membership and in the body of any special promotions that have renewal periods of different duration than the original membership term. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals.
9. Free Trial
This offer (the “Free Trial”), which is made to you by Xtreme Body Fitness entitles you access to the Xtreme Body Fitness for a period of four (4) weeks from the moment that you activate such trial period by submitting your payment details (the “Free Trial Period”). By submitting your payment details, you accept the Trial Offer and (i) consent to us using your payment details in accordance with our Privacy Policy, (ii) acknowledge and agree to Xtreme Body Fitness Terms and Conditions of Use and these Xtreme Body Fitness Free Trial Terms and Conditions, (iii) agree to submit a testimonial on your fitness success story (before and after pictures encouraged) at the end of the Trial Offer and grant rights to Xtreme Body Fitness to use the story and pictures on our website. If you decide that you do not want to become a paying user of the Xtreme Body Fitness Service upon the lapse of the Free Trial Period, you have to terminate your subscription by the end of the Free Trial Period. However, you must submit your testimonial on your fitness success story (before and after pictures encouraged) upon terminating your subscription per the agreed terms. You may only use this Free Trial Offer once. Xtreme Body Fitness reserves the right, in its absolute discretion, to withdraw or to modify this Free Trial Offer and/or Free Trial Terms and Conditions at any time without prior notice and with no liability.
10. Refunds
No refunds will be given.
11. General Provisions
11.1. Controlling Law and Jurisdiction. You acknowledge and agree that any violation of this Agreement may cause Xtreme Body Fitness irreparable harm, and therefore agree that Xtreme Body Fitness will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Xtreme Body Fitness may have for a breach of this Agreement.
11.2. Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Statement, and any applicable payment, renewal, Additional Services terms, comprise the entire agreement between you and XtremeBody-Fitness.com regarding the use of this Service, superseding any prior agreements between you and Xtreme Body Fitness related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of Xtreme Body Fitness to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
12. Revision Date
This Agreement was last revised on 22 November 2019.