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Terms of service

Effective Date: March 1, 2024


OVERVIEW


This website (the “Site”) is operated by WEHEARTLEON LLC (hereinafter, “we,” “us,” “our,” “Company,” or “5AM Fit Club”). We offer this Site, including all information, services, products, programs, tools and other content available on this Site to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated in these terms and conditions (hereinafter, the “Terms”). These Terms apply to our websites, mobile applications, software platforms, services, products, or online offerings (collectively, the “Platform”), and will be available by link on all sites and offerings which it covers.


Please read these Terms carefully before accessing or using our Site or Platform. Your access to and use of the Site or our Platform is conditioned upon your compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use our Site or Platform.


Any new features or tools which are added to the current Site or our Platform shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, modify, or replace all or any part of these Terms from time to time in our sole discretion, by posting updates, modifications, and/or changes to our Site, with or without notice to you. It is your responsibility to check this page periodically for any such changes or updates.


SECTION 1 - ACCEPTANCE AND GENERAL CONDITIONS


By accessing or using any part of the Site or our Platform, you agree to be bound by these Terms. If you do not agree to any or all of the terms and conditions set forth in these Terms, you do not have permission to access the Site or use our Platform. You agree to abide by the rules and policies which are established from time to time by us in these Terms, and your continued use of or access to the Site or our Platform following the posting of any changes, modifications, or updates constitutes your express acceptance thereof.


To access our Site, you must be eighteen (18) years old or older and have the requisite legal capacity, power, and authority to enter into these Terms. Our Site, and its content are intended for persons over the age of eighteen (18). If you do not meet the age requirement described herein, please exit our Site, even if you are accessing the Site with your parent’s or legal guardian’s consent. If you continue to access our Site, you expressly affirm that you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms and terms and conditions of this nature.


You agree to use the Site, Platform, and the content only for purposes and in the manner permitted by these Terms, our Privacy Policy, other applicable terms and conditions, and any applicable law, regulation, and generally accepted practices or guidelines in the relevant jurisdiction. You agree not to engage in any activity that interferes with or disrupts the Site, the Platform, or the servers or networks connected to the Site, or the Platform. You agree not to reproduce, duplicate, copy, sell, trade, or resell the Platform, products, or content, unless otherwise expressly agreed to in a separate written agreement with Company. You agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences, including, without limitation, any damage that Company may suffer due to any such breach.


Your use of the Site, and the Platform is entirely at your own risk, and Company shall not be liable in any way in connection therewith. It shall be your own responsibility to ensure that the Platform, any services, products, content, or information available through the Site meet your specific requirements.


You agree to be financially responsible for all purchases you or someone acting on your behalf makes through the Site. You shall not transmit through the Site any material or information which violates or infringes on the rights of others or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable as reasonably determined by us, contains injurious formulas, recipes, or instructions which encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, rule, or regulation.


SECTION 2 – SUBSCRIPTIONS


The Company shall provide information about the available subscription (“Subscription”) plans, pricing, and the benefits and services included in such Subscription on the Site or Platform. We reserve the right to change pricing for a Subscription or any components of a Subscription in any manner and at any time. Any price change will take effect following reasonable notice to you of such change.


Your Subscription will Automatically Renew. The term of your Subscription will be determined according to the Subscription plan you select during registration and will automatically renew for such term duration (each a "Subscription Term"). A Subscription Term may vary, for example, with monthly, bi-annual or annual automatic renewal terms, as described in the course of your transaction. Your Subscription will automatically renew for additional Subscription Terms as long as your Subscription continues, until you cancel your Subscription, or we suspend or stop providing the Subscription in accordance with these Terms. Unless otherwise indicated by us, you will be charged prior to, or at the beginning of, each renewal Subscription Term. Before charging you for a Subscription Term, we will notify you of the applicable fees, and the renewal will occur at the price then in effect for the Subscription.


You may cancel your subscription at any time on the Site or by any other cancellation method dictated by the Company. Your cancellation will take effect at the end of the current Subscription Term. In the In the event you cancel your Subscription, note that we may still send you promotional communications about the Company’s products or services, unless you opt out of receiving those communication by following the unsubscribe instructions provided in the communications.


No Refunds. When you cancel your Subscription, you cancel only future charges for your Subscription. You will not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to the Subscription until the end of that current Subscription Term.


Free Trials. From time to time, we may offer free trials of certain Subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the materials describing the particular trial. Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your free trial. Instructions for canceling your Subscription are described in the sections above. To avoid any charges, you must cancel your Subscription before the end of your free trial period. Before charging you at the end of the free trial period, we will notify you of the applicable fees.


SECTION 3 – HEALTH AND SAFETY


CONSULT YOUR DOCTOR BEFORE USING THE SITE OR PLATFORM. YOU SHOULD CONSULT WITH YOUR DOCTOR BEFORE BEGINNING THE FIGHTCAMP SERVICE OR ANY NEW FITNESS PROGRAM. THE SERVICES AND ANYTHING STATED OR POSTED ON THE SITE OR PLATFORM ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY INJURIES, OR AS A SUBSTITUTE OR REPLACEMENT FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE A MEDICAL OR HEART CONDITION, CONSULT YOUR DOCTOR BEFORE USING THE SITE OR PLATFORM, ENGAGING IN AN EXERCISE PROGRAM, OR CHANGING YOUR DIET. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY STOP USING THE SITE OR PLATFORM AND CONSULT WITH A MEDICAL PROFESSIONAL.


DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF ANY INFORMATION MADE AVAILABLE OR HEARD ON THE SITE OR PLATFORM. WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM TRAINING PROGRAMS, CONSULTATIONS, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH THE SERVICES. IF YOU ENGAGE IN ANY EXERCISE PROGRAM YOU RECEIVE OR LEARN ABOUT THROUGH THE SITE OR PLATFORM, YOU AGREE THAT YOU DO SO AT YOUR OWN RISK AND ARE VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES.


SECTION 4 – CONTENT


ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED ON THE PLATFORM ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED ON THE PLATFORM DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF MAJORITY MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE PLATFORM OR PLACE ANY ORDERS FOR MATERIALS ADVERTISED AT OR ON THE PLATFORM. YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED ON, DOWNLOADABLE FROM, AND/OR ABLE TO BE PURCHASED FROM THE PLATFORM INCLUDE EXPLICIT PICTORIAL, VIDEO, AUDIO, AND/OR TEXTUAL DEPICTIONS OF SEXUAL ACTIVITIES; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL ENJOYMENT.


PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE PLATFORM AND YOU MUST IMMEDIATELY CEASE DOWNLOADING, INSTALLING, OR USING THE PLATFORM.


BY DOWNLOADING, INSTALLING, ACCESSING, BROWSING, SIGNING UP, OR USING THIS PLATFORM, YOU ACCEPT AND AGREE TO THESE TERMS WHICH BIND YOU LEGALLY, AND YOU FURTHER:

  1. ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS;

  2. REPRESENT AND WARRANT YOU ARE AT LEAST 18 YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS HIGHER (THE "AGE OF MAJORITY"), AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU HAVE NOT ATTAINED THE AGE OF MAJORITY, YOU MUST EXIT THE PLATFORM IMMEDIATELY AND MAY NOT USE OR ACCESS ALL OR ANY PART OF THE PLATFORM FOR ANY REASON NOR MAY YOU PRINT OR DOWNLOAD ANY CONTENTS OR PURCHASE ANY CONTENTS FROM THE PLATFORM;

  3. \ACKNOWLEDGE THAT WE WILL COLLECT AND USE YOUR INFORMATION TO PROVIDE THE PRODUCTS AND SERVICES YOU REQUEST THROUGH THE PLATFORM;

  4. UNDERSTAND THAT THE PLATFORM OFFERS ONLINE ENTERTAINMENT SERVICES THAT MAY BE DEEMED ADULT IN NATURE AND WHICH MAY CONTAIN GRAPHIC DEPICTIONS, NUDITY, ADULT LANGUAGE, AND DESCRIPTIONS OF EXPLICIT SEXUAL ACTIVITY. YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THE NATURE OF THE CONTENT PROVIDED BY THE PLATFORM, THAT YOU ARE NOT OFFENDED BY SUCH CONTENT AND THAT YOU ACCESS THE PLATFORM FREELY, VOLUNTARILY AND WILLINGLY;

  5. ACKNOWLEDGE THAT THE PLATFORM CONTAINS ONLY IMAGES PROTECTED BY THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION. IF YOU ARE SEEKING OBSCENITY OR CHILD PORNOGRAPHY, PLEASE LEAVE THIS PLATFORM IMMEDIATELY;

  6. WARRANT THAT ALL INFORMATION PROVIDED UPON REGISTRATION AS PART OF YOUR ACCOUNT IS TRUE, COMPLETE, AND ACCURATE, AND THAT YOU WILL PROMPTLY INFORM US OF ANY CHANGES TO SUCH INFORMATION BY UPDATING THE INFORMATION ON YOUR ACCOUNT;

  7. AGREE TO TERMS OF THE COMPANY’S PRIVACY POLICY (“PRIVACY POLICY”), AVAILABLE ON THE SITE; and

  8. ACKNOWLEDGE AND AGREE THAT THE PLATFORM ACCESSES AND USES YOUR LOCATION INFORMATION BASED ON THE LOCATION OF YOUR DEVICE AT THE TIME OF CONNECTION.


If at any time after reviewing or using the Platform you wish to terminate such use or these Terms, you must uninstall, remove, and/or cease the use of the Platform from your Device completely and delete any copies thereof in your possession. “Device” means any Android or iOS compatible basic phone, smartphone, smart watch, tablet, smart tv, or computer.


NO CHILD PORNOGRAPHY: You understand that all individuals appearing on the Platform are, and were at the time of all recorded images, at least 18 years of age, and that the Platform contains no child pornography. We take a strong and definite stand against child pornography and only publish images of consenting adults for consenting adults. If you believe that you see any images, real or simulated, depicting minors engaged in sexual activity within the Platform, please report to leon@5amfitclub.com. Include with your report any appropriate evidence, including the date and time. All reports will immediately be investigated, and the appropriate action will be taken. We enthusiastically cooperate with any law- enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org.


SECTION 5 - INTELLECTUAL PROPERTY


You acknowledge and agree that Company (and its licensors, where applicable) own all legal right, title, and interest in and to the Site and Platform, including the content and any intellectual property rights which subsist in the Site or Platform, whether registered or not, which is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. You acknowledge that the Site and Platform may contain information which is designated confidential and/or proprietary by Company and that you shall not disclose such information without Company’s prior written consent. You are not granted any right to use, and may not use, any of our intellectual property rights, including Company’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, other than as set out in these Terms. If you have been granted an explicit right to use Company’s intellectual property in a separate written agreement, you agree that such use shall be in compliance with that agreement. You agree that you shall not remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices, which may be affixed to or contained within the Site or Platform. You agree that in using the Site and Platform, you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos. You are not allowed to modify, copy, distribute, reproduce, republish, create derivatives based upon, sell, display, rent, lease, loan, or trade any of the Company’s intellectual property or Site content, whether in whole or in part, without the prior written permission from Company or the rightful intellectual property owner.


SECTION 6 - PROHIBITED USES


You shall not use the Site or Platform: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, related Sites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose.


In addition to other prohibitions as set forth in these Terms, you shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, or create derivative works based on the whole or any part of the Site, for any purpose whatsoever; (b) modify, adapt, improve, or create any derivative work from the Site or any part thereof or permit the Site or any part of the Site to be combined with or become incorporated in any other programs; (c) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, or suppliers; (d) use the Site in a manner that derives revenue directly from the Site, or use the Site for any other purpose for which it is not designed or intended; (e) distribute the Site to multiple devices; (f) make the Site available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the Site for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Platform, product, service, or software offered by Company; (h) use the Site to send automated queries to any website or to send any unsolicited commercial e-mail; (i) use any proprietary information, interfaces or other intellectual property of Company, or its affiliates, partners, or suppliers in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Site; (j) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Site or your device; (k) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Site; (l) copy, reproduce, reuse, upload, post, transmit, or distribute any content presented in or provided by the Site, including, without limitation, for public or commercial purposes, including any text, images, audio, and video; (m) rent, lease, sub-license, loan, distribute, time-share, or translate the Site in any way; (n) sell, resell, or exploit the Site in whole or in part (including object and source code), in any form to any person or entity; or (o) use the Site in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users, or restrict or inhibit any other user from using the Site.


We reserve the right to terminate your use of the Site, or Platform for committing any of the prohibited uses.


SECTION 7 - ACCOUNT INFORMATION AND PAYMENTS


In order to access and use most aspects of the Platform, you must register for and maintain an active personal user services account ("Account"). You may be asked to supply certain information relevant to your Account or purchase, including, without limitation, your name, e-mail address, your credit card number, the expiration date of your credit card, and your billing address. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Account or purchase; and (ii) the information you supply is true, correct, and complete. The Site may employ the use of third-party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.


You agree to maintain accurate, complete, and up-to-date information on your Account, including a valid phone number, address and payment method. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account. You are responsible for maintaining the confidentiality of your Account and password, including, but not limited to, the restriction of access to your device(s) or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account or billing information. You may not use the billing information or identity of another person or entity without proper prior authorization. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders/bookings in our sole discretion without notice.


You agree to pay all fees and charges associated with your Account on a timely basis and according to the fee schedule, the terms and the rates as published in the Platform. More information about when service fees apply and how they are calculated can be found on the Platform. By providing us with your payment information you authorize us to bill and charge you through that payment method and you agree to maintain valid payment information on your Account. Except as otherwise provided on the Platform, service fees are non-refundable.


If you have any concerns about a bill or a payment, please contact us immediately by sending an email to leon@5amfitclub.com.


SECTION 8 - THIRD-PARTY LINKS


Certain content, advertisements, recommendations, information, products, and services available via our Site and Platform may include materials from or links to third-party websites or services, which are not controlled or owned by us. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, or sites, or for any other materials, products, or services of third parties. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party website, sites, or services. We do not warrant the offerings of any third-party providers or their sites.


You acknowledge and agree that we shall not be liable, whether directly or indirectly, for any harm, loss, or damages caused or alleged to be caused by or in connection with your use or reliance on such content, goods, resources, transactions, or services available on or through any third-party websites. We strongly advise you to review carefully any third-party's policies, terms, conditions, and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.


SECTION 9 - PERSONAL INFORMATION AND COLLECTION OF LOCATION


Your submission of personal information through the Site is governed by our Privacy Policy. Please review our Privacy Policy at for more detailed information.


The Site accesses and uses your device location information for our analysis of geographic dispersion of our Platform based on the area where your device is located. In addition, this Site collects and uses your name, address, email address, phone number, IP Address, cookie data, device information (such as OS, browser user agent string). It is your responsibility to keep your device and access to the Site secure. If you access the Site from locations outside the United States, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.


You agree to receive pre-programmed notifications (location alerts) on your device if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).


SECTION 10 - ERRORS, INACCURACIES, AND OMISSIONS


Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, charges, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders/bookings if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.


SECTION 11 - DISCLAIMER OF WARRANTIES


YOUR USE OF THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND ANY SITE-RELATED SERVICE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. THE SITE, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITHIN THE SITE AND ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, MEMBERS, MANAGERS, AND EMPLOYEES, EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, SATISFACTORY QUALITY, AND NON- INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.


NEITHER WE NOR OUR LICENSORS, AND OTHER RELATED PARTIES, OR THEIR RESPECTIVE OFFICERS, AGENTS, MEMBERS, MANAGERS, REPRESENTATIVES, AND EMPLOYEES MAKE ANY REPRESENTATION OR WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR- FREE; (iv) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (v) THE QUALITY OF ANY SERVICES, PRODUCTS, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (vi) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.


ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF THE SITE.


NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF THE SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.


SECTION 12 – LIMITATION OF LIABILITY AND INDEMNIFICATION


By using this Site, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Site or the services or resources available through this Site.


IN NO EVENT SHALL WE OR OUR EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, REPRESENTATIVES, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (i) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR

TRANSACTIONS PROVIDED ON OR THROUGH THE SITE; (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, PANDEMICS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON- PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR

(vii) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE FOR YOUR ILLEGAL, UNAUTHORIZED, OR IMPROPER USE OF INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED USING THE SITE.


APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).


You agree to indemnify, defend and hold Company, as well as our officers, directors, managers, members, employees, contractors, representatives, and agents, harmless from and against any and all losses, damages, settlements, costs, fees, penalties, causes of action, third party claims, expenses, and all other liabilities, including, but not limited to, attorney’s fees and legal costs, arising out of, related to, or in connection with: (i) your use of the Site or Platform, or your connection to the Site; (ii) any material or any other content or information that you submit, post or upload to or transmit through the Site; (iii) your violation or breach of any of these Terms; (iv) non-payment for any of the services which were provided through the Platform; and/or


your tortious misconduct, including, but not limited to, fraud, misrepresentation, and any other tort or your violation of any law or the rights of any third-party. These obligations will survive any termination of your relationship with us or your use of the Site or Platform. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You expressly agree to provide us with any such assistance, free of charge, as we may reasonably request with respect to any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.


SECTION 13 – SEVERABILITY


In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and any such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 14 – TERMINATION


The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. We may terminate or suspend your Account, your access to the Site, our Platform, or these Terms at any time without prior notice or liability in our sole discretion for any reason whatsoever, including, but not limited to, your violation of any provision of these Terms. You may terminate these Terms at any time by discontinuing use of our Platform and ceasing to use our Site.


Notwithstanding any termination of these Terms, you will remain liable for all amounts due and outstanding up to and including the date of termination. All provisions of these Terms which by their nature are intended to survive the termination of these Terms shall survive the termination of these Terms, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.


SECTION 15 – NO WAIVER; ENTIRE AGREEMENT; AMBIGUITIES


The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, other applicable terms and conditions, and any policies or operating rules posted by us on this Site or in respect to our Platform constitutes the entire agreement and understanding between you and us and govern your use of the Site, and our Platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.


SECTION 16 - ARBITRATION AGREEMENT


Arbitration. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Platform (collectively, "Disputes") will be settled by final and binding arbitration between you and Company. This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). Notwithstanding anything else contained herein, each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Arbitration Agreement" section will be deemed void. Except as provided in the preceding sentence, this "Arbitration Agreement" section will survive any termination of these Terms.


Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Commercial Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement.


The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.


The arbitration shall be heard by one Arbitrator selected in accordance with the AAA Rules. The Arbitrator shall be a licensed attorney or retired judge with experience in the law underlying the dispute.


Arbitration Process. If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought.


Arbitration Location and Procedure. The arbitration shall take place in Miami-Dade County, Florida. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Company submit to the Arbitrator, unless you request a hearing, or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.


Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The Arbitrator's decision will include the essential findings and conclusions upon which the Arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The Arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.


Fees. The party initiating the arbitration must bear the costs and fees related thereto.


Severability and Survival. This Arbitration Agreement is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Agreement. In the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable. Therefore, terms of this Arbitration Agreement shall be severed, to the smallest extent possible, if required to uphold the enforceability of this Arbitration Agreement. The Arbitration Agreement is a contractual agreement to mutually arbitrate claims.


SECTION 17 - GOVERNING LAW; JURISDICTION; ATTORNEY’S FEES; JURY TRIAL


These Terms are governed by and construed in accordance with the laws of the State of Florida, U.S.A., without giving effect to any conflict of law principles. For all claims not subject to the Arbitration Agreement in Section 15, you agree that they will be brought exclusively in the federal or state courts of competent jurisdiction sitting in Miami-Dade County, Florida, and you expressly agree that such courts shall have jurisdiction over you. The prevailing party in any dispute arising hereunder or from your use of the Site, or Platform shall be entitled to an award of its reasonable attorney’s fees and legal costs against the non-prevailing party.

  1. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE
    YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


YOU HEREBY WAIVE ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE OR PLATFORM.


SECTION 18 - CHANGES TO TERMS


You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, modify, or replace all or any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or our Platform following the posting of any changes to these Terms constitutes your express acceptance of those changes.


SECTION 19 - CONTACT INFORMATION


Questions about these Terms should be sent to us at leon@5amfitclub.com.

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