Terms of service

Acceptance of the Terms of Service. These terms of use are entered into by and between you (“User”, “you”) and Drop by Drop Fitness LLC (“our”, “us”, “we”, “DDF”), owner and operator of https://www.dropbydropfitness.com (“Website”).  The following terms and conditions, together with any other documents they incorporate by reference including our Privacy Policy, found at https://www.dropbydropfitness.com/privacy-policy  (collectively, "Terms"), govern your access to and use of the Website, and any content on the Website.

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Please read these Terms carefully before you start to use the Website. By using our website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms.  If you do not want to agree to these Terms, you must not access or use the Website.

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Changes to the Terms of Use and Website.  We may revise and update these Terms, or the content of the Website (its functionality, resource, material etc.), in whole or in part, from time to time in our sole discretion. All changes are effective immediately when we post them.  By continuing to use the Website, you are agreeing to any changes we have made to the Terms and Website. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period and we may restrict access to some parts of the Website, or the entire Website, to Users. 

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Intellectual Property Rights. The Website and its entire contents, including name, logo, and service names, slogans, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof “Marks”) are owned by us, our licensors or other providers of such material and are protected by U.S. copyright, trademark,  and other intellectual property or proprietary rights  and no rights are granted to you herein with regard to the Marks. 

 

Permitted Uses. These Terms permit you to access and use the Website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, print, publicly perform, republish, download, store or transmit any of the material on our Website. Any use of the Website not expressly permitted by these Terms is a breach of the Terms and we reserve the right to revoke access to or use of the Website by you. All rights not expressly granted are reserved by us.

 

Monitoring and Enforcement; Termination.  We have the right to remove or refuse to accept any User for any or no reason in our sole discretion.   Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of Users.   YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR LAW ENFORCEMENT AUTHORITIES.

 

Reliance on Information Posted.   The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and we disclaim all liability and responsibility arising from any reliance placed on such material. Any statements or opinions provided by third parties on the Website, are solely the responsibility of the person or entity providing those materials.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Information About You and Your Visits to the Website. All information we collect on this Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Third Party Providers.  Certain functions of the Website are hosted by our approved third-party providers (“Providers”).   Providers may collect personal information such as name, address and payment method, as well as IP address and other information about your device or browser.  This data may be collected at the time of purchase, or when you set up an account or a payment method and is stored on Providers’ systems, not ours. By making a purchase or signing up for a   account, you hereby consent to the use of your personal information by the Providers in accordance with their terms and conditions and privacy policies.

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Client Portal:  Our website includes a client portal maintained by Dubsado for your convenience (the “Portal”).  Your use of the Portal is subject to Dubsado’s privacy policy (found here:  https://www.dubsado.com/legal/privacy-policy).  Please read this policy carefully so that you understand how Dubsado will use your personal information.

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Payments.  At our sole discretion, we use Dubsado to process any payments for purchases, donations or other payments as we may implement from time to time.  Please read Dubsado’s privacy policy so you can understand the manner in which your personal information will be handled by them.  Once you leave our Website, our Privacy Policy does not apply to your personal information.   We do not have the capacity to store information about Payments and all such information is subject to Provider’s terms and conditions.

 

Geographic Restrictions.  The owner of the Website is based in the Commonwealth of Virginia in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

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YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

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THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Limitation on Liability. IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

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THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Indemnification. You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website.

 

Governing Law and Jurisdiction. All matters relating to the Website and these Terms shall be governed by and construed in accordance with the internal lDDF of the Commonwealth of Virginia, without giving effect to any choice or conflict of law provision or rule.  Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal or state courts of the United States in the Commonwealth of Virginia, I the City of Richmond. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.  

 

Waiver and Severability.  No waiver of by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement. These Terms and the Privacy Policy constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

 

Your Comments and Concerns.  This website is operated by Drop by Drop Fitness LLC whose registered agent is Tricia Dunlap with address:  Dunlap Law PLC 211 Rocketts Way Richmond, VA 23231. All notices of copyright infringement claims should be sent to this address.

 

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: jaala@dropbydropfitness.com

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