These Terms and Conditions (“Terms”) govern your access to and use of awayoflifefitness.com, including all pages, content, features, tools, subscriptions, communications, and services made available through the website (collectively, the “Services”).
A Way of Life Fitness (“A Way of Life Fitness,” “we,” “us,” or “our”) operates the Services. By accessing, browsing, or using the Services in any manner, you agree to be legally bound by these Terms. If you do not agree, you must discontinue use of the Services immediately.
1. Eligibility and Agreement
By using the Services, you represent and agree that:
- You are at least the age of majority in your jurisdiction
- You have the legal capacity to enter into a binding agreement
- You will comply with all applicable laws and regulations
- If you use the Services on behalf of a business or organization, you have authority to bind that entity
Your continued use of the Services constitutes acceptance of these Terms and any future updates.
2. Changes to the Terms
We may update or modify these Terms at any time. Changes become effective once posted on the website with an updated Effective Date.
It is your responsibility to review the Terms periodically. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms.
3. Privacy Policy
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. The Privacy Policy is incorporated into these Terms by reference.
4. Accounts and User Responsibilities
4.1 Account Creation
Some features may require you to create an account. You agree to provide accurate, current, and complete information and to keep it updated.
4.2 Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access or suspected security breach.
4.3 Account Restrictions
We reserve the right to suspend or terminate accounts that violate these Terms, provide false information, or create risk to the Services or other users.
5. Subscriptions, Payments, and Billing
5.1 Paid Services
Certain Services may require payment, including subscriptions, premium content, or digital products. Pricing and billing terms will be disclosed prior to purchase.
5.2 Authorization and Recurring Charges
By purchasing a subscription, you authorize us and our payment processors to charge your payment method on a recurring basis until you cancel.
5.3 Payment Issues
If payment cannot be processed, we may suspend or terminate access to paid features until payment is resolved.
5.4 Cancellations and Refunds
Unless otherwise stated or required by law:
- All purchases are final
- We do not provide refunds for partial billing periods
- Cancellation prevents future charges but does not refund amounts already paid
Billing inquiries must be submitted to support@awayoflifefitness.com.
6. User Content
6.1 Responsibility for User Content
You are solely responsible for any content you submit, post, or transmit through the Services (“User Content”). You agree that your User Content will not:
- Violate any law or regulation
- Infringe intellectual property, privacy, or publicity rights
- Contain harmful, misleading, abusive, or obscene material
- Include malware or malicious code
We may remove User Content at our discretion.
6.2 License to User Content
By submitting User Content, you grant A Way of Life Fitness a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, publish, distribute, display, and perform that content for any lawful purpose.
You represent that you have all rights necessary to grant this license.
7. Acceptable Use
You agree not to:
- Use the Services for unlawful purposes
- Attempt unauthorized access to systems or accounts
- Disrupt or interfere with website functionality
- Scrape, harvest, or extract data using automated tools
- Use Content to build or support competing services
- Copy, distribute, or exploit Content for commercial purposes without permission
- Use site content or data to train artificial intelligence or machine-learning systems
Violations may result in immediate termination of access.
8. Intellectual Property
All Content on the Services, excluding User Content, is owned by or licensed to A Way of Life Fitness and is protected by intellectual property laws.
You are granted a limited, revocable, non-exclusive license to access the Services for personal, non-commercial use only.
9. Third-Party Links and Services
The Services may include links to third-party websites or tools. We do not control or endorse third-party content and are not responsible for their actions, products, or policies.
Your use of third-party services is at your own risk.
10. Health, Fitness, and Lifestyle Disclaimer
The Services provide general information related to fitness, exercise, nutrition, and wellness. This information is provided for educational purposes only.
We do not provide medical advice, diagnosis, or treatment. You should consult a qualified healthcare professional before starting any exercise, nutrition, or wellness program.
You assume full responsibility for your health decisions and participation in any activities referenced on the Services.
11. Disclaimer of Warranties
The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including accuracy, reliability, fitness for a particular purpose, and non-infringement.
We do not guarantee uninterrupted, secure, or error-free operation of the Services.
12. Limitation of Liability
To the maximum extent permitted by applicable law, A Way of Life Fitness shall not be liable for any damages whatsoever, under any legal theory, arising out of or related to your use of or inability to use the Services.
This includes, without limitation:
- Direct, indirect, incidental, consequential, special, or punitive damages
- Loss of profits, income, data, or business opportunities
- Personal injury, illness, emotional distress, or property damage
This limitation applies regardless of whether the claim arises in contract, tort (including negligence), strict liability, statute, or otherwise, and even if we were advised of the possibility of such damages.
If liability is imposed despite the foregoing, total liability shall be zero dollars ($0) or, where zero is not permitted by law, the minimum amount required by law, and in no event shall liability exceed $100.
13. Indemnification
You agree to indemnify and hold harmless A Way of Life Fitness, its owners, affiliates, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising from:
- Your use of the Services
- Your User Content
- Your violation of these Terms
- Your violation of any law or third-party rights
14. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms.
Upon termination, your right to use the Services ends immediately. Provisions intended to survive termination will remain in effect.
15. Copyright Infringement (DMCA)
If you believe copyrighted material appears on the Services without authorization, submit a notice to:
📧 support@awayoflifefitness.com
Include all information required under the Digital Millennium Copyright Act. We may remove infringing content and terminate repeat infringers.
16. Electronic Communications
By using the Services, you consent to receive communications electronically, including emails and website notices. These communications satisfy legal requirements for written notice.
17. Governing Law and Venue
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.
Any legal action must be brought exclusively in state or federal courts located in New York, New York.
18. International Use
The Services are operated from the United States. If you access the Services from outside the U.S., you do so at your own initiative and are responsible for compliance with local laws.
19. Severability and Waiver
If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. Failure to enforce a provision does not constitute a waiver.
20. Entire Agreement
These Terms, along with any posted policies, constitute the entire agreement between you and A Way of Life Fitness regarding use of the Services and supersede all prior agreements.
21. Contact Information
For questions, complaints, or support requests, contact:
A Way of Life Fitness
📧 support@awayoflifefitness.com
