
Website owner, the offering, and binding of Terms
Please read this Terms and Conditions of Use Agreement (the "Agreement") carefully as it sets forth the conditions of use of the MSfit Squad LLC website (the “Website”) and is a legally binding agreement between you, personally, and any entity on whose behalf you are using the Website (collectively "You" and/or "Your") and MSfit Squad LLC. This website offers visitors services, subscriptions, communications and products. If You do not agree to the terms and conditions of this Agreement, You should immediately cease all usage of the Website. MSfit Squad LLC reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice to You. Modifications shall become effective immediately upon being posted on the MSfit Squad LLC website. Your continued use of the Website after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Availability of Facility/Limited Use
Members may use the facilities only during scheduled classes, scheduled events or by appointment. Operating hours and current class schedules are listed on our website at www.MSfitSquad.com. MSfit Squad LLC reserves the right to change operating hours and/or class schedules at its sole discretion without any effect to this Agreement.
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If you know or should know you have a problem that might prevent you from using MSfit Squad LLC (i.e., medical or family emergency, business travel, vacation, etc…) and purchase a subscription, and/or service; you agree that your membership subscription and/or service is limited accordingly. However, because this is your choice, you still must pay your monthly subscription fee as if you could use the Facility; there will be no carry over of monthly subscription fees, cancellation of commitment or subsequent refund of fees for any time unspent using the Facility and/or Website.
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Members shall pay for any damages to MSfit Squad LLC property which results from the willful or negligent conduct of member, member’s guest or dependent children. In the event of damage to equipment, the Member will be immediately charged, with the payment method on file, or immediately requested to pay for the replacement cost of the equipment. If Member refuses to pay for damaged equipment, Membership subscription will be revoked. While revoked the Member shall still be responsible for all outstanding fees and or commitment terms.
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Guest or dependent children, under the age of 14 must be supervised by a member, parent or legal guardian at all times. Guests or dependent children should not utilize any equipment at any time, nor should Guests or dependent children disrupt or interfere with ongoing classes. Members who do not observe MSfit Squad LLC rules or who abuse equipment in any fashion will be asked to leave. Not all rules are listed in this agreement. MSfit Squad LLC reserves the right to add, change or remove rules at its own discretion without prior notification to you.
General Rules
We strive to uphold a safe, clean and enjoyable environment. As such, we expect proper, respectful conduct on the premises at all times. We do not permit disrespectful conduct towards members, guests, employees or vendors, including but not limited to vulgar, profane, indecent, offensive, violent, hostile, aggressive, threatening, harassing, stalking, fraudulent, or other inappropriate conduct or language. No Tobacco or smokeless tobacco products allowed. You are responsible for wiping down all equipment you utilize after use using the cleaning solution/wipe provided at the facility. Do not spray electronic devices while cleaning. To clean electronic devices spray the towel and then wipe the equipment. Return and Rack all weights (plates, dumbbells) after use. Plates and Dumbbells should be stored in their proper place or on the floor. Do not place Barbells, Plates or Dumbbells on top of benches or against cardio equipment. Barbells, Plates and/or Dumbbells can and will fall causing injury. Do not drop Empty Barbells, Dumbbells or Kettlebells at any time or for any reason. Do not step on the benches or use them to store your belongings. Do not use any equipment in any manner other how it was designed and intended for use. Please perform exercises with weight that you can safely lift or have someone spot you. All equipment malfunctions and concerns need to be reported immediately. Do not use any equipment that has been identified as malfunctioning or broken.
Lost Articles
MSfit Squad LLC assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after 14 days will be donated to charity or thrown away.
Website Use
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in the United States, in the State of Mississippi, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in the United States or under any law or regulation applicable to you.
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Parents and legal guardians, if your child is under the age of 18, consent needs to be given in order for such child to register a User Account with the Webite and/or use certain features of the Webite. You are responsible for understanding how the Website you use, subscribe to, make available, and/or distribute on behalf of yourself or other users may collect and use information of users of MSfit Squad LLc’s Website. If you are the parent or legal guardian of a child who has created a User Account with us and you did not provide your consent, you can email us at MsfitSquad@gmail.com to have that child’s User Account deleted.
Purchases
MSfit Sqaud LLC reserves the right not to accept or process orders that do not comply with our business policies and/or vendor agreements. Items ordered via the Website may be subject to shipping or processing limitations, such as shipping only to physical addresses located in the United States, or no shipping to P.O. boxes or APO/FPO addresses, and applicable limitations may be noted in connection with available items or during the purchasing process. All Services and products offered by MSfit Sqaud LLC are provided subject to applicable U.S. federal, state, and local laws. Any offer for any product or Service made on this Website is void where prohibited.
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All orders are subject to acceptance by MSfit Sqaud LLC and availability. Unfortunately, availability of products and Services cannot be guaranteed. By submitting a purchase request to us (directly, or through our Website or our authorized vendors or affiliates) for any item, you represent and warrant that all information submitted to us in connection thereto is complete and accurate. At our discretion, purchase requests will be processed, but we reserve the right not to accept your purchase request at our sole discretion. In such case, we may inform you by email or via your User Account.
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Prices (if any) indicated on each item page are exclusive of applicable taxes. Prices are subject to change. However, such changes will not impact the price or the description of the items for which you have already submitted a purchase request.
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You may pay for your order using the payment methods available on the Website. Unless otherwise specified at the time of purchase, you must pay for products or Services when you place the order. By agreeing to these Terms, you represent that you are at least the age of majority in your state or country of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this Website. The price for the purchase of items and the corresponding costs for shipping, delivery, and/or tax, as indicated by MSfit Sqaud LLC, may be charged to your chosen available payment method. You agree to pay MSfit Sqaud LLC (or our authorized vendors or affiliates) in full as identified in the purchase process via the Sites or the third-party method. To ensure that your credit card or other payment method is not being used without your consent, MSfit Sqaud LLC (or our authorized vendors or affiliates) may validate your name, address, and certain other personal information supplied by you in placing the order. MSfit Sqaud LLC reserves the right to implement any additional and/or other payment security systems from time to time.
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The appearance of items displayed on the Website may not exactly correspond to actual items in terms of image, dimensions, and color depending on your Internet browser and/or your monitor quality. Certain areas of the Website may allow you to submit a request to activate, use, or transfer certain stored value through the Website ("Gift Card"). By submitting a request to activate a Gift Card through the Website, you represent and warrant to us that (a) all of the information provided in connection with such activate request is complete and correct, (b) that you are the lawful holder of the Gift Card, and (c) that you have read and agree to be bound by these Terms and any additional terms made at the time of purchase or activation.
Return and refund policy
No Refunds, All sales are final, and MSfit Squad LLC does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.
Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Third Parties and Policies
Please be aware that when you access and/or use certain features of the Website, your access to or use of such features will also be subject to all guidelines, terms, agreements, and conditions applicable to such features, including third-party policies (the “Policies”). All such Policies are incorporated into these Terms by reference, and if the applicability of these Terms is incompatible with your access to or use of the Services, the relevant terms of such third-party Policies will control.
Right to change and modify Terms and/or Rules
We reserve the right to modify these terms from time to time, without notice to you, at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
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We also retain the right to create limits on your use and storage of User Content (defined below) at our sole discretion at any time without prior notice to you. In addition, MSfit Sqaud LLC may stop (permanently or temporarily) providing the Website (or any features within the Website) to you or to users generally and may not be able to provide you with prior notice. We may attempt to notify any registered users of material changes by sending an email to the email address you most recently provided us in your User Account (defined below), profile, or registration (unless we do not have such an email address), and/or by posting notice of the changes on the Website.Your access to and/or use of the Website will be subject to the most current version of these Terms posted on the Website at the time of your access or use. We recommend that you check the Website from time to time to inform yourself of any changes in these Terms, and stay apprised of any other Policies that may be applicable; you are solely responsible for reviewing and becoming familiar with any modifications to these Terms.
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Should MSfit Sqaud LLC permanently stop the Website, you may terminate your use, User Account, and/or Subscription Agreement (defined below) pursuant to the termination process set forth in these Terms, and upon MSfit Sqaud LLC’s verification of your fulfillment of all termination requirements and in MSfit Sqaud LLC’s sole discretion, MSfit Sqaud LLC may or may not refund a pro-rata portion of any remaining subscription fees paid.
Our Stuff
MSfit Sqaud LLC’s proprietary content, including videos, designs, text, graphics, pictures, information, Services, data, software (and the selection and arrangement thereof), logos, and code (collectively, the “Website Materials”) are all property of MSfit Sqaud LLC and are protected by intellectual property laws, and except as permitted under these Terms, MSfit Sqaud LLC expressly reserves all right, title, and interest in and to the content and Services of the Website and Website Materials, aggregate data, and reports, and all processing, analytics, and other software and technology used by MSfit Sqaud LLC in the analysis of User Content (as defined below) and/or the provision of the Website, including, without limitation, any derivatives, improvements, enhancements, or extensions thereof conceived, reduced to practice, or otherwise developed by or on behalf of MSfit Sqaud LLC, all of which are valuable assets of MSfit Sqaud LLC, and any copyright, patent, trademark, or any other intellectual property right, or federal or state right, pertaining thereto.
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UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING, OR DUPLICATING OR ANY OTHER MISUSE OF THE WEBSITE OR WEBSITE MATERIALS BY YOU IS PROHIBITED.
Your Stuff
The Website may now or in the future allow users to select, input, upload, and share information and data in connection with the Website and allow you or other users to post, link, store, or otherwise make available a wide variety of information, text, and/or other materials in connection with use of the Website or portions of it, including features such as calendars, planning tools or folders, trackers, profiles or otherwise (collectively, “User Content”). You are solely responsible for your use of any User Content or User Content feature and use such User Content at your own risk. By posting any User Content, you represent and warrant that you own and control all of the rights to the User Content that you post, or that you otherwise have the lawful right to distribute and reproduce such User Content and to grant MSfit Sqaud LLC the license for the User Content described below and that your use and posting of such User Content does not violate these Terms or any Subscription Agreement (discussed below) you have with us, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for any third party.
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By selecting and/or posting any User Content, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Website any of the following:
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User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent, or otherwise objectionable (as determined in our sole discretion);
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User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or violate any local, state, national, or international law;
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User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
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User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that inappropriately provides private information of any third party including addresses, phone numbers, email addresses, Social Security numbers, health or location information, or similar information;
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User Content that, in our sole discretion, is objectionable or which restricts or inhibits any other person from using and/or benefiting from our Website, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
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User Content that is spam, is machine- or randomly-generated, contains unethical or unwanted commercial content, furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing); or
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User Content that attempts to disrupt the Website or Services.
We take no responsibility and assume no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.
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As a provider of services that may in certain ways be interactive, we are not liable for any statements, representations, User Content, or Advertiser and Corporate Partner Content (as defined below) provided by users in any form whatsoever in connection with the Website. Although we have no obligation to screen, edit, or monitor any of the User Content or Advertiser and Corporate Partner Content posted anywhere in connection with the Website, we reserve the right, and have absolute discretion, to remove, screen, or edit any User Content and Advertiser and Corporate Partner Content connected to the Website at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense.
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We do not own the User Content you post on or otherwise select or submit to the Website, but in posting and/or otherwise submitting User Content to the Website, you grant us an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content and any information, data, or other material generated through the use of the Services on or in any and all media (now known or hereafter developed) to perform and provide Services or for our own business purposes in accordance with our Privacy Policy. You also hereby grant each user of the Website a non- exclusive license to access your User Content and any information, data, or other material generated through the access to or use of the Website, and to access, use, reproduce, distribute, prepare derivative works of, display, and perform such User Content and information, data, or other material generated through access to or use of the Website and under these Terms.
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We may monitor use of the Website by all of our customers or visitors and use the data gathered in an aggregate and anonymous manner. You agree that we may use and publish such information, provided that such information does not incorporate any of your personal information and/or identify you.
Your Use and Obligations
Use of the Website is subject to these Terms and is only permitted within normal access or use of the Website and in conformance with any Subscription Agreement you may have with us. Your access to or use of the Website grants you no right or license to reproduce, or otherwise use any MSfit Sqaud LLC or third-party trademarks except as expressly set forth herein. All goodwill generated from use of MSfit Sqaud LLC’s marks will inure to our exclusive benefit. Other MSfit Sqaud LLC, product, and service names and logos used and displayed via the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to MSfit Sqaud LLC.
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You may access and use the Website only in compliance with these Terms, your Subscription Agreement, and all applicable local, state, national, and international law, rules, and regulations.
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Absent breach by you of any of these Terms, and unless otherwise expressly permitted by MSfit Sqaud LLC, you are granted a limited, personal, non-transferable, non-sublicensable, revocable license to access our Website and, in connection with your Subscription Agreement, use the Website, and, as permitted, to electronically view, copy (except where prohibited without a license), and print to hard copy portions of the Website Materials.
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However, in no case whatsoever shall you:
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use any data mining, scraper, spider robots, or similar data-gathering or extraction methods to access, monitor, or copy any Website Materials or other content or information used by the Website;
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use the Website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
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modify copies of any materials obtained from the Website;
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use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text or without express authorization from MSfit Sqaud LLC;
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harvest or otherwise collect information about others, including email addresses;
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violate the restrictions in any robot-exclusion headers on the Website or bypass or circumvent other measures used to prevent or limit access to the Website;
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reverse engineer or alter the Website or the Website Materials or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
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deep-link to any portion of the Website for any purpose, unless expressly authorized in writing by MSfit Sqaud LLC;
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“frame,” “mirror,” or otherwise incorporate any part of the Website into any other website, unless expressly authorized in writing by MSfit Sqaud LLC;
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transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material; any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms;
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link to the Website from any website that is unlawful, abusive, indecent, or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in MSfit Sqaud LLC’s sole discretion;
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attack the Website or any portion thereof via a denial-of-service attack or a distributed denial-of-service attack;
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attempt to bypass methods MSfit Sqaud LLC may use to prevent or restrict access to the Website;
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disguise the origin of the information transmitted through the Website or to MSfit Sqaud LLC;
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submit false or misleading information to MSfit Sqaud LLC;
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delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website;
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take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure or adversely affects the performance or function of the Website or any other computer systems or networks used by MSfit Sqaud LLC;
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use the Website or the Website Materials other than for their intended purpose and as expressly permitted by these Terms;
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violate any applicable laws or regulations; or
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otherwise attempt to interfere with the proper working of the Website.
Further, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through our Website any of the following material or information:
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any message, data, information, text, music, sound, photos, video, graphics, code, or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
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material that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, federal, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market;
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material that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
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material that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
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unsolicited promotions or political campaigning; or
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private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, or credit card numbers.
Any use of the Website or Website Materials not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you wish to make any use of material on the Website other than as set out in this section, please address your request to: MSfitSquad@gmail.com.
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You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Website Materials, except as follows:
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your computer may temporarily store copies of the Website / Website Materials in Random Access Memory (RAM) incidental to your accessing and viewing those materials;
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you may store files that are automatically cached by your web browser for display enhancement purposes;
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you may print or download one copy of a reasonable number of pages of the Website and where we provide you access and downloadable documents on the Website, for your own personal or business use and not for further reproduction, publication, or distribution; or
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if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal or business use, provided you agree to be bound by any applicable end-user license agreement for such applications.
Access to certain areas of our Website may be restricted. Any access to or use of the Website or the Website Materials other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted in these Terms and any Subscription Agreement you have with us. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion. We reserve the right to revoke your authorization to access or use the Website if we believe in good faith that you have violated these Terms or any laws whatsoever. Unless explicitly stated herein, nothing in these Terms or any Subscription Agreement you have with us will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The license granted by these Terms is revocable at any time.
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You acknowledge and agree MSfit Sqaud LLC may conduct an audit of all your records that pertain to the Website within the scope of the license granted herein electronically remotely at any time with respect to information or records available to us based on your interaction with us, or in person, provided that we give you reasonable notice of said audit and conduct said audit during standard business hours between 8:00 a.m. to 5:00 p.m. or as otherwise agreed by you and us.
Commenting and Feedback
MSfit Sqaud LLC may allow posting of comments on its Website, such as in its “Community” section or discussion forums. Any user failing to comply with the Terms may be expelled from and refused continued access to, the ability to post comments or material in the future. MSfit Sqaud LLC or its designated agents may remove or alter any user-created material at any time for any reason. Information and material posted within these public forums may be provided by MSfit Sqaud LLC, our outside contributors, and/or by users not connected with us, some of whom may employ anonymous user names. MSfit Sqaud LLC expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information, or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, or representatives be liable for any loss or damage caused by your reliance on information obtained through these posted comments. The opinions expressed by anyone other than MSfit Sqaud LLC itself are solely the opinions of those parties, and do not reflect the opinions of MSfit Sqaud LLC or any of its subsidiaries or affiliates.
You also acknowledge and agree that any feedback, including, but not limited to, suggestions, comments, ideas, or other information, provided by you in the form of email or other submissions (collectively, “Feedback”) to us is non-confidential and you hereby grant MSfit Sqaud LLC, its affiliates, subsidiaries, successors, and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sublicensable right to use such Feedback for any purpose without any compensation or attribution to you.
Free Trial Options
MSfit Squad LLC offers or may offer a range of subscription plans for its Website, which may be selected as you set up a User Account, access or use the Website, and/or enter into a Subscription Agreement with us. Certain aspects of the Website may begin with or have an optional free trial period, and/or a ramping up period where you are able to explore the scope of Website offered under our Subscription Agreements without charge (“Free Trial”). Not all of the Website or functionality of such may be available during a Free Trial period. We reserve the right to determine if you are eligible for a Free Trial and to discontinue any Free Trial without notice for any or no reason. We also reserve the right to modify, cancel, and/or limit a Free Trial without notice at any time.
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Each Free Trial and/or subscription term will begin on the start date as set forth in the Subscription Agreement or as otherwise set by MSfit Squad LLC (or at the end of your Free Trial) and will continue for the term length as set forth in the Subscription Agreement. Your subscription will automatically renew unless you or we terminate pursuant to these Terms. The renewal terms will be for additional terms equal to the expiring subscription term and on or in connection with the current Terms and the provisions of your Subscription Agreement, subject to the renewal pricing provided for in your Subscription Agreement or, if not specified in your Subscription Agreement, on standard pricing as may be available through our Website. You are responsible for all fees related to your initial term as well as any renewal terms.
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If you wish to upgrade your subscription level or certain portions of such, please contact us at MsfitSquad@gmail.com or via your User Account. Upgrading your subscription may require a new Subscription Agreement to be executed. Any discounts applied to a previous subscription or an initial term may not apply to a renewed subscription, including to any automatic renewals.
Fees and Payments
Payment and pricing terms for those portions of the Website or products or Services offered requiring such are as specified in the Subscription Agreement utilized to order Website subscriptions, or as otherwise set forth by us from time to time. By entering into a Subscription Agreement you agree to pay MSfit Squad LLC all subscription fees indicated, any other fees for additional Services you may purchase, and any applicable taxes in connection with your access to or use of such. All fees charged by MSfit Squad LLC are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties excluding taxes based solely on MSfit Squad LLC’s income. For any paid Website products or Services, including Subscription Agreements or other Services or features available only to a certain User Account, unless otherwise agreed by both you and us and memorialized in your Subscription Agreement or other relevant agreement, all payments are due immediately, and consistent with other provisions in the Terms, MSfit Squad LLC is not obligated to issue refunds, except as otherwise stated by MSfit Squad LLC.
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Unless otherwise agreed by both you and us and memorialized in your Subscription Agreement, all payments due will be charged on the day you sign up for such or enter into a subscription for such and will cover access to or use of such for a period as indicated or the term for which you subscribed. Payments are made for the upcoming billing cycle and are immediately due upon the first day of such. You will be billed for the relevant services, access, or content, as applicable, until you properly terminate your subscription (and corresponding User Account, if any) or MSfit Squad LLC terminates your Subscription Agreement and/or User Account. Your termination may not take effect until completion of the billing cycle for the then-current term.
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Unless otherwise agreed by both you and us and memorialized in your Subscription Agreement, all payments due will be charged on the day you sign up for such or enter into a subscription for such and will cover access to or use of such for a period as indicated or the term for which you subscribed. Payments are made for the upcoming billing cycle and are immediately due upon the first day of such. You will be billed for the relevant Services, access, or content, as applicable, until you properly terminate your subscription (and corresponding User Account, if any) or MSfit Squad LLC terminates your Subscription Agreement and/or User Account. Your termination may not take effect until completion of the billing cycle for the then-current term.
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We will bill the fees due under your Subscription Agreement or for any other agreed-to products or Services to the credit card or other payment option you provide to us or select during registration (or to a different credit card or payment option if you change your payment information) or the payment process. You acknowledge that the amount billed, including for each renewal term, may vary due to promotional offers, changes in the subscription or Website, changes to our standard pricing, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.
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You also authorize your credit card issuer, bank, or payment service to pay any amounts described herein and associated with your User Account and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account, bank account, or payment service account until you or we terminate your Subscription Agreement as provided herein or these amounts are paid in full, whichever is later.
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You represent and warrant that you are authorized to use such credit card, bank, or payment service for the purpose of purchasing such subscriptions, products, or Services from us. You further authorize us to store your credit card, bank, and/or payment service information. You must, of course, provide us with current, complete, and accurate billing, credit card, and Registration Data information. At the beginning of each billing cycle, MSfit Squad LLC will make attempts to charge the applicable fee to the credit card, bank, or payment service on record, and if we are unable to process the payment due, the relevant subscriptions, products, or Services, and your access to them, will be immediately disabled. You must also promptly update all billing information to keep your User Account and Registration Data current, complete, and accurate, and you must promptly contact MSfit Squad LLC if your credit card or other relevant account information is lost, stolen, compromised, or if you become aware of a potential breach of account security. You authorize us to obtain or determine updated or replacement expiration dates for your credit card or other payment method in the event that such, as you provided to us, expires or is terminated. We reserve the right to charge any renewal card or payment method issued to you to the same extent as the expired or terminated card or payment method. If payment is not received from your credit card issuer, bank, or payment service, you agree to pay all amounts due upon demand. You also agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance. Unless otherwise stated, all fees are quoted in U.S. Dollars. MSfit Squad LLC reserves the right, with respect to any amount not paid when due, to charge a finance charge equal to one and one-half percent (1.5%) of the unpaid balance per month or the highest rate permitted by applicable usury law, whichever is less, determined and compounded daily from the date due until the date paid.
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Use of the Website requires internet access and may require certain software (fees may apply), and may be affected by the performance of these, and other, factors. You agree that these requirements are your responsibility. The Website is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Website.
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MSfit Squad LLC does not warrant, represent, or guarantee that its Website will be available on your mobile device. If you do use a mobile device to access the Website, you are subject to the terms of your agreement with your mobile device manufacturer and carrier. You may incur charges from your mobile carrier for accessing the Website, which are solely your responsibility.
Right to suspend or cancel user account
You are solely responsible for properly closing any User Account or terminating any Subscription Agreement you may have with us if you no longer desire to pay for or use the relevant subscriptions, products, or Services. Written notice of termination by either you or us must be sent forty-eight (48) hours prior to your renewal date, or pursuant to the terms of any User Account or Subscription Agreement, and such termination becomes effective at the end of the then-current subscription term. Termination is not available during any designated free trial period. To close your User Account or terminate your Subscription Agreement, please email us at MsfitSquad@gmail.com or as otherwise indicated by MSfit Squad LLC from time to time. Suspension, amendment, or termination does not relieve your obligation to pay amounts due and owing to MSfit Sqaud LLC.
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If you do not amend your subscription to another subscription, upon terminating your Subscription Agreement or any User Account you have with us, you will immediately lose all access to the relevant subscriptions, products, or Services and any data or information stored within your User Account or associated with the canceled Subscription Agreement.
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If you upgrade or downgrade your Subscription Agreement, your credit card or other payment provider as indicated in your User Account information may be immediately charged for the new subscription fees as stated in your new Subscription Agreement. Any downgrading of your subscription becomes effective at the end of your then-current subscription term, and may cause the loss of User Account content, features, or capacity. MSfit Sqaud LLC disclaims liability for any such loss.
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Upon suspension or termination for any reason, MSfit Squad LLC will cease providing the suspended or terminated Services; Msfit Squad LLC shall delete or confirm you have deleted all copies of any relevant MSfit Squad LLC software or data from your webpage(s) or computers; any outstanding balance you owe to MSfit Sqaud LLC will become immediately due and payable and any collection expenses incurred will be included in the amount owed; you will not be entitled to any refunds of any subscription fees or any other fees, unless expressly agreed by MSfit Sqaud LLC; and all of your historical report data will no longer be available to you through MSfit Sqaud LLC. Refunds are not granted after seven (7) days after the start of your Subscription Agreement, or at any time if any coupon or discount has been applied or if you have participated in the Free Trial option. You understand and acknowledge that, unless and until all MSfit Sqaud LLC software and data is deleted from your webpage, computers, or User Account, we may continue to track data on an automated basis. Upon termination, you agree to discontinue all use of the Services, and to delete any Confidential Information (as defined herein) in your systems within one hundred eighty (180) days after the effective date of termination.
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MSfit Sqaud LLC may terminate or suspend your access to use the Website, and block or prevent your future access to and use of the Website, without prior notice or liability, if you breach this Agreement, or for any other reason.
Electronic Communication
By accessing the Website and submitting to us your contact information, you consent to receiving electronic communications from us. Such communications may include notices about your User Account and information concerning or relating to the Website. You agree that any electronic notices, signatures, acknowledgements, transfers, agreements, disclosures, or other communications will satisfy any legal communication requirements, including any requirements that such communications be in writing.
Indemnification
You agree to indemnify and hold MSfit Squad LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Professional Advice Disclaimer and Limitation of liability
The material on the Website is provided for educational purposes only, and is not to be used for medical advice, diagnosis, or treatment. Use of the Website is subject to our Terms. You acknowledge that participation in fitness activities via the Website involves strength, flexibility, aerobic, cardio, and other exercises, including the use of equipment, all of which can be potentially hazardous activities. You accept full responsibility over the location where you engage in fitness activities via the Website, you acknowledge that MSfit Sqaud LLC has no control over the location that you choose, and that the location of participation in fitness activities involves additional risks, including, but not limited to, those caused by terrain, facilities, temperature, weather, environment, vehicular traffic, lack of hydration, and actions of other people.
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THE WEBSITE OFFERS HEALTH, FITNESS, AND NUTRITIONAL INFORMATION AND ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR VIEWED ON THE WEBSITE. THE USE OF ANY INFORMATION PROVIDED ON THE WEBSITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE WEBSITE OR AVAILABLE THROUGH ANY OF OUR SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH-CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR ADVICE. MSFIT SQUAD LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL MEET YOUR PERSONAL OR PROFESSIONAL NEEDS, OR THAT WE WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE WEBSITE.
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THE WEBSITE IS CONTINUALLY UNDER DEVELOPMENT AND MSFIT SQUAD LLC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS, AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE WEBSITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
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By using the Website or Facility you: (a) acknowledge and agree that you are voluntarily participating in fitness activities provided via the Website and/or 106D Veterans Memorial Drive, Koscisuko MS 39090; (b) hereby assume and accept any and all risks of injury, physical harm, or death; (c) acknowledge and represent that you are physically sound and do not suffer from any illness, impairment, disease, or other condition that would prevent you from participating in fitness activities, performing any exercises, or using any equipment; and (d) knowingly and voluntarily, on behalf of yourself and your heirs and assigns, forever waive, release, discharge, and hold harmless MSfit Sqaud LLC and its subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, representatives, and each of their respective successors and assigns, individually and collectively, from any and all liability, damages, losses, suits, demands, causes of action (including, without limitation, negligence), or other claims of any nature whatsoever, including, without limitation, any losses for property damage, personal injury, or death, arising out of or relating in any way to your participation in the fitness activities provided via the Website and/or 106D Veterans Memorial Drive, Koscisuko, MS 39090.
Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Warranties Disclaimed
THE WEBSITE, THE WEBSITE MATERIALS, AND ALL USER CONTENT, OTHER SUBMISSIONS, AND OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE WEBSITE AND THE WEBSITE MATERIALS ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. MSFIT SQUAD LLC AND OUR LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MSFIT SQUAD LLC AND OUR LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE PERMISSIBILITY OF THE WEBSITE IN YOUR JURISDICTION, THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY, AND PERFORMANCE OF THE WEBSITE, THE WEBSITE MATERIALS, AND ANY THIRD-PARTY OR USER CONTENT. MSFIT SQUAD LLC AND OUR LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR IN CONNECTION WITH THE WEBSITE OR RECEIVED THROUGH ANY LINKS DISPLAYED ON THE WEBSITE OR ANY USER CONTENT, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS DISPLAYED ON THE WEBSITE OR ANY USER CONTENT.
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YOU AGREE THAT YOUR ACCESS TO OR USE OF THE WEBSITE, THE WEBSITE MATERIALS, AND ALL USER CONTENT SHALL BE AT YOUR SOLE RISK. To the extent that another party may have access to or view content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms.
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YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE ACCESS TO OR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY USER CONTENT, AT YOUR OWN DISCRETION AND RISK. MSFIT SQUAD LLC DOES NOT WARRANT THAT THE WEBSITE, THE WEBSITE MATERIALS, OR ANY USER CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST OR THAT THE WEBSITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN SUCH EVENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. MSFIT SQUAD LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE ACCESS TO OR USE OR THE RESULTS OF THE ACCESS TO OR USE OF THE WEBSITE, THE WEBSITE MATERIALS, OR ANY USER CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST MSFIT SQUAD LLC, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WITH RESPECT TO THE WEBSITE, GOODS OR SERVICES PROVIDED BY US, THE WEBSITE MATERIALS, AND THE USER CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE WEBSITE, AND NO WARRANTIES WILL APPLY AFTER SUCH PERIOD.
Limitation of Liability
MSFIT SQUAD LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT, INCLUDING NEGLIGENCE, SHALL MSFIT SQUAD LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY:
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PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE WEBSITE MATERIALS, OR ANY USER CONTENT;
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UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
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INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
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BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, OR SITES LINKED TO BY THIS WEBSITE, BY ANY THIRD PARTY; AND/OR
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ERRORS OR OMISSIONS IN ANY CONTENT MADE AVAILABLE BY MSFIT SQUAD LLC OR OUR USERS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MSFIT SQUAD LLC IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL MSFIT SQUAD LLC’S AGGREGATE LIABILITY EXCEED $100.00. THIS ALLOCATION OF RISK UNDER THESE TERMS IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS SHALL BE SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS SET FORTH IN THESE TERMS. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
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EXCEPT FOR LIABILITY ARISING OUT OF MSFIT SQUAD LLC’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,UNDER NO CIRCUMSTANCES WILL MSFIT SQUAD LLC’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS OR ANY APPLICABLE SUBSCRIPTION AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO MSFIT SQUAD LLC UNDER THE APPLICABLE SUBSCRIPTION AGREEMENT DURING THE SIX (6) MONTHS PRECEDING THE CLAIM (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION).
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EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN YOU AND MSFIT SQUAD LLC. THIS ALLOCATION IS REFLECTED IN PRICING OFFERED BY MSFIT SQUAD LLC TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MSFIT SQUAD LLC. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
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Except for actions for nonpayment or breach of proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either you or MSfit Squad LLC more than one (1) year after the cause of action has accrued.
Enforcement
You agree that we may, without any limitation whatsoever: (a) investigate any suspected breaches of the security of the Webite or our information technology or other systems or networks; (b) investigate any suspected breaches of the Terms; (c) involve and cooperate with law enforcement authorities in investigating any such matters; (d) prosecute violators of the Terms to the full extent of the law; (e) delete or modify any materials on or available via the Website, including any materials you may submit; and (f) discontinue the Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
Governing Law and Applicable Venue
These Terms and your use of the Website will be governed by and construed in accordance with the laws of the State of Mississippi, applicable to agreements made and to be entirely performed within the State of Mississippi, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms or your access to or use of the Website will be filed only in the state and federal courts located in Mississippi and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms and/or your access to or use of the Website or Facility.
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The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The MSfit Sqaud LLC Services are controlled by U.S. Export Regulations, and may not be exported to or used by embargoed countries or individuals.
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Recognizing the global nature of the internet and the rapid changes around online privacy, you agree to comply with all local rules regarding online conduct and acceptable content. Without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the U.S. or in the country in which you operate or reside and to comply with any other local laws affecting the Website.
Additional Terms and Provisions
Third-Party Rights.
Nothing in these Terms or in any applicable Subscription Agreement, express or implied, is intended to or shall confer upon any third party person or entity any right, benefit, or remedy of any nature whatsoever under or by reason of these Terms or any applicable Subscription Agreement. Local Laws. MSfit Squad LLC makes no representation that content or materials in the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Webite from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. MSfit Squad LLC is not responsible for any violation of law. You agree that the Website, any Subscription Agreement, and these Terms shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where MSfit Squad LLC is located. maintains your User Account,. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
Cross-Border Data
Transmission
Cross-Border Data Transmission. MSfit Squad LLC is headquartered in the United States of America (“U.S.”) and all of its primary data storage and processing facilities are in the U.S. If you are accessing the Website from another country, please note that all data collected will be transmitted outside of your country and into the U.S., where it will reside and be processed. In addition, your data may pass through or be temporarily stored or processed in countries beyond your country and the U.S. By continuing to access the Website, you explicitly consent to have your data so transmitted and stored.
Compliance
with Laws
We will strive to comply with all U.S. state and federal laws in our provision of the Services. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request. You will comply with all laws in your use of the Website, including any applicable export laws.
Headings
The headings of the sections contained in these Terms are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of these Terms.
Survival
In addition to those provisions identified in the Terms to survive termination, all provisions of the Agreement which, by their nature, are intended to survive its termination or expiration, shall survive its termination or expiration.
Waiver
No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
Notice
Any notice required or permitted to be given in accordance with these Terms will be effective if it is in writing and sent by fax, email, U.S. mail, or insured courier, return receipt requested, to the appropriate party using the contact information noted in these Terms or in the Subscription Agreement between the parties. Either you or we may change its address for receipt of notice by notice to the other in accordance with these Terms. Notices are deemed given two (2) business days following the date of mailing or one (1) business day following delivery to a courier or sending an email or fax.
Force Majeure
A party will not be liable to the other should its performance under these Terms or any Subscription Agreement be prevented, restricted, or interfered with by circumstances or events beyond its reasonable control (“Force Majeure Event”), provided that the effected party uses its best efforts to resume performance promptly at the end of the Force Majeure Event.
Assignment
You will not assign or transfer any of your rights hereto or your Subscription Agreement without our prior written consent. We may assign our rights or obligations to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control, or operation of law, or to any third party we choose without your consent.
Entire Agreement
These Terms, including all Policies, constitute the entire agreement between MSfit Squad LLC and you concerning the Website and/or Facility. These Terms supersede any and all prior agreements or communications between MSfit Squad LLC and you concerning the subject matter of these Terms.
Authority
Each party represents and warrants to the other that it has full power and authority to enter into these Terms and any applicable Subscription Agreement and that such are binding upon such party and enforceable in accordance with its terms.
Questions and Contact Information
MSfit Squad LLC
106D Veterans Memorial Drive
Koscisuko, MS 39090
601-298-8486
Effective date of the terms
December 14, 2022