PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Apogeo Enterprises, LLC (together with our affiliates, “Invincible Women Fitness Academy”,”The Company”, “we”, or “us”) provides an online fitness community and related products, services, content and features through our websites, and Apogeo Enterprises-controlled social media pages (including on Facebook, Instagram, Pinterest, and Twitter). To make these Terms easier to read, the related sites social media pages are collectively called the “Services” or “the Service” or “products.” By visiting, browsing, or using the Services in any way, you (as a “user”) accept and agree to be bound by these Terms of Service (“Terms”), which forms a binding agreement between you and Apogeo Enterprises, LLC.
Terms of Service
By visiting this website and accessing the information, resources, services, products, and tools provided, you understand and agree to accept and adhere to the following terms and conditions as stated in these Terms, along with the terms and conditions as stated in the Privacy Policy.
Apogeo Enterprises, LLC reserves the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting this website and accessing the information, resources, services, products, and tools provided you (hereinafter ‘Services’), you agree to use these Services only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations, and generally accepted online practices or guidelines.
Wherein, you understand that:
In order to access the Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services.
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access the Services. Accordingly, you are responsible for all activities that occur under your account(s).
Accessing (or attempting to access) any of the Services by any means other than through the means provided, is strictly prohibited. You specifically agree not to access (or attempt to access) any of the Services through any automated, unethical or unconventional means.
Engaging in any activity that disrupts or interferes with the Services is strictly prohibited.
Attempting to copy, duplicate, reproduce, sell, trade, or resell the Services is strictly prohibited.
You are solely responsible for any consequences, losses, or damages that I may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
Apogeo Enterprises, LLC may provide various open communication tools on the website, such as blog posts, comments, chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that Apogeo Enterprises, LLC cannot pre-screen or monitor all content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to the website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share or otherwise distribute any content that:
Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
Infringes on any trademark, patent, trade secret, copyright, or any other proprietary right of any party;
Contains any type of unauthorized or unsolicited advertising;
Impersonates any person or entity, including any employees or representatives.
Apogeo Enterprises, LLC has the discretion to remove any content that does not comply with this User Agreement, along with any content that is deemed otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. Apogeo Enterprises, LLC is not responsible for any delay or failure in removing such content. If you post content that is removed, you hereby consent to such removal and consent to waive any claim against Invincible Women Fitness Academy.
Apogeo Enterprises does not assume any liability for any content posted by you or any other third-party users of this website. However, any content posted by you using any open communication tools on this website, provided that it doesn’t violate or infringe on any third-party copyrights or trademarks, becomes the property of Apogeo Enterprises, LLC, and as such, gives Apogeo Enterprises a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute. This only refers and applies to content posted via open communication tools as described and does not refer to information that is provided as part of the registration process, necessary in order to use the Services. All information provided as part of the registration process is covered by the Privacy Policy.
For any Apogeo Enterprises, LLC Services which enable you to use any software, content, or other materials owned or licensed by us only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Services, and any related software, content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.
You agree to indemnify and hold harmless Apogeo Enterprises, LLC, and its directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. I reserve the right to take over the exclusive defense of any claim for which Apogeo Enterprises, LLC is entitled to indemnification under this User Agreement. In such event, you shall provide Apogeo Enterprises, LLC with such cooperation as is reasonably requested by the Company.
Privacy
Your privacy is very important. There is a separate Privacy Policy in order to explain in detail how Apogeo Enterprises, LLC collects, manages, processes, secures, and stores your private information. The privacy policy is included under the scope of this User Agreement. To read the privacy policy, visit this page.
Disclaimer or Warranties
You understand and agree that all services, including without limitation, any products, goods, services, websites, applications, health and wellness content, and nutritional information/advice are provided “as is” and “as available,” with all faults and without performance assurances or guarantees of any kind.
We expressly disclaim any and all warranties, conditions, and representations, express or implied, regarding the Services. This includes without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality, and warranties arising from course of dealing, usage or trade practice.
We make no guarantee or warranty that the services will meet your requirements or that they or that they will be uninterrupted or error-free. Apogeo Enterprises, LLC further makes no guarantee or warranty as to the particular health or wellness goals, results, benefits, or outcomes that may be achieved or obtained through the use of any services. You agree to use related products and services at your sole risk.
You will not hold Apogeo Enterprises, LLC or its third-party service providers, licensors, and suppliers, as applicable, responsible for any loss or damage that results from your access to or use of related services, including without limitation any loss or damage to any of your computers or data, as Services may contain bugs, errors, problems or other limitations.
You acknowledge that Apogeo Enterprises, LLC does not control any advertisements, product descriptions, products, or content offered by third parties on or through our websites, including without limitation, information or products provided by license to us from third parties. Certain warranties with respect to particular products/services accessed for sale through our websites may be available through manufacturer warranties, not through Apogeo Enterprises, LLC. Please read the warranties included in the documentation provided along with those products/services for further details. Except as otherwise agreed in writing, we assume no responsibility for and make no warranty or representation as to the accuracy currency, completeness, reliability or usefulness of third-party content, third-party services, or third-party products (including product descriptions) distributed or made available by third parties through our websites.
Safety Warning
In becoming a user of Apogeo Enterprises, LLC with the intent of using the services, you affirm that either (A) all of the following statements are true:
• no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner;
• you have never felt chest pain when engaging in physical activity;
• you have not experienced chest pain when not engaged in physical activity at any time within the past month;
• you have never lost your balance because of dizziness and you have never lost consciousness;
• you do not have a bone or joint problem that could be made worse by a change in your physical activity;
• your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition;
• you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and
• you do not know of any other reason you should not exercise; or
(B) your physician or general practitioner has been specifically consulted by you and approved of your use of the Services.
If applicable, you further affirm that
• you are not pregnant, breastfeeding or lactating; unless
• your physician or general practitioner has been specifically consulted and approved your use of the Services.
Apogeo Enterprises, LLC reserves the right to refuse or cancel your membership or services if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against me shall be limited to the amount you paid, if any, for the use of Services. Apogeo Enterprises, LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using the Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on heathermcdaniel.com, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Apogeo Enterprises, LLC and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Apogeo Enterprises, LLC.
Termination of Use
You agree that site administrators may, at its discretion, suspend or terminate your access to all or part of the website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Services provided will immediately cease, and Apogeo Enterprises, LLC reserves the right to remove or delete any information that you may have on file with us, including any account or login information.
Governing Law
This website is controlled by Apogeo Enterprises, LLC. It can be accessed in most countries around the world. By accessing the website, you agree that the statutes and laws of the Commonwealth of Pennsylvania, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee
Unless otherwise expressed, Apogeo Enterprises, LLC disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.