About Us TERMS OF USE
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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE.
(These Terms of Use are sometimes also referred to in this website as the “Terms and Conditions.”)

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1. RELEASE, WAIVER OF LIABILITY AND INDEMNIFICATION. PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. YOU MUST UNDERSTAND IT BEFORE USING ANY SERVICES OR PRODUCTS OR BEFORE PARTICIPATING IN ANY EXERCISE PROGRAM (“EXERCISE PROGRAM”) OFFERED BY OR OTHERWISE OBTAINED FROM NSF OR THROUGH THIS WEBSITE.
     a. You are advised to consult your physician before conducting any Exercise Program. Instructions and advice relating to an Exercise Program are in no way intended to substitute for medical counseling. You should discontinue participation in any exercise activity that causes pain or discomfort and should obtain medical counseling immediately. Not all exercises are suitable or appropriate for everyone.         
     b. You are advised that with the activity involved in an Exercise Program there are risks, known or unknown, identified or unidentified, which may result in injury, death, illness or disease, or damage to property. By participating in an Exercise Program, you assume the inherent risks, hazards, and dangers associated with this activity and voluntarily release, waive and forever discharge Never Summer Fitness, LLC (“NSF"), its agents, managers, members, landlords, clients, third-party contractors and employees, from any and all liability, claims, demands, actions or rights of action, loss, damages, injury to persons or property, which are related to, arising out of or in any way connected with your access or use of this website, any content , services or products on or offered or obtained by or through this website or offered or obtained from NSF, participation in any activity, use of any equipment or products or the condition or design of any equipment or products, premises or facilities, including specifically but not limited to the negligent acts or omissions of NSF, its agents, managers, members, landlord, clients, third-party contractors and employees, including without limitation any attorney's fees and costs incurred. Any links to third party websites are provided for your convenience only and are not an endorsement of the entity or persons associated with that website or of their products, services or expertise. You assume sole responsibility for accessing or using such websites.
     c. By such participation or use, you also agree, promise and covenant to hold harmless and indemnify NSF, its agents, managers, members, landlords, clients, third-party contractors and employees for any injury to person or property, death, illness, disease or damage, claims, loss, expenses and costs, including without limitation, attorney's fees, arising out of or in any way connected with your access or use of this website, any content (as defined below) , services or products on or offered or obtained by or through this website or offered or obtained from NSF, participation in any activity, use of any equipment or products or facilities or your presence on NSF’s premises. YOU FURTHER AGREE THAT THE TOTAL LIABILITY OF NSF, ITS AGENTS, MEMBERS, MANAGERS, LANDLORDS, CLIENTS, THIRD-PARTY CONTRACTORS AND EMPLOYEES FOR ANY AND ALL DAMAGES, LOSSES OR CAUSES OF ACTIONS (WHETHER IN TORT OR CONTRACT AND INCLUDING, WITHOUT LIMITATION, THOSE BASED ON NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY CONTENT, SERVICES OR PRODUCTS ON OR OFFERED OR OBTAINED BY OR THROUGH THIS WEBSITE OR OFFERED OR OBTAINED FROM NSF AND THAT IN NO EVENT SHALL THEY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMGES.
     d.CONTENT MAY CONTAIN MISTAKES, OVERSIGHTS, INACCURACIES OR OTHER ERRORS AND IS WITHOUT WARRANTY THAT IT WILL BE UNINTERRUPTED, ERROR FREE, DEFECT FREE OR FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONTENT, PRODUCTS AND SERVICES ON OR OFFERED OR OBTAINED BY OR THROUGH THIS WEBSITE, OR OTHERWISE OFFERED BY OR OBTAINED FROM NSF, ARE PROVIDED ON AN “AS IS” BASIS AND NSF DISCALIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.


2. AGREEMENT TO TERMS OF USE.
By using the NSF website, you agree to these Terms of Use ("Terms of Use") just as if you had signed this agreement. NSF reserves the right to modify, add, or remove portions of these Terms of Use at any time. You are responsible for regularly reviewing and being aware of these Terms of Use prior to each time you access or use the website. By using the NSF website after NSF posts any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms of Use, you should not access or use this website or the content contained therein. In its sole discretion, without liability to you or any third party and without prior notice, NSR reserves the right to terminate or cancel your use of or access to this website in whole or in part. By accessing or using this website, you represent and warrant that you are at least 18 years old. You further acknowledge and agree that services or products offered by or otherwise obtained from NSF or through this website may contain terms and conditions in addition to those provided in these Terms of Use and that you shall be bound also by such additional terms and conditions. You agree that in the event of the termination of your use or access to this website, in whole or in part, your obligations under these Terms of Use or such other additional terms and conditions shall survive such termination.

3. SCOPE. Unless otherwise indicated, these Terms of Use apply to your access to and use of this website and any services or products obtained by or through this website including, without limitation, all content as defined below.

4. RESTRICTIONS ON USE. You acknowledge that this website contains content, code, software, tables, scripts, photos, video, music, sounds, creative suggestions, ideas, drawings, information and other materials (collectively, “content”) that are protected by trademarks, patents, copyrights, trade secrets or other proprietary rights, including but not limited to, rights of publicity, that are protected in all forms, media and technologies existing now or hereafter developed. Our vendors, instructors, contractors, clients and other third parties may also have additional proprietary rights to content which they make available on this website. You may not publish, modify, sell, distribute, transmit, perform, create derivative works or participate in the transfer or sale of any content, in whole or in part. Unless otherwise expressly specified, NSF grants you only a non-exclusive, non-transferable, limited right to access, use and display this website and the content herein for your personal, non-commercial use, provided that you fully comply with these Terms of Use, and you shall obtain no ownership rights in any content by downloading to your computer or otherwise.

5. ACCOUNTS AND PASSWORDS. If you purchase or subscribe to any products or services offered by or through this website or otherwise provide information to or through this website, you agree to provide NSF or any third party authorized by NSF with information (including, without limitation, your name, address telephone number and address) that is complete, accurate and current, to maintain and update such information, to fully comply with all terms and conditions of any agreement governing such products or services and to be responsible for all charges and taxes relating thereto. NSF reserves the right at any time, for any products or services and in its sole discretion (i) to change the amount or basis for determining any charges or fees, (ii) to institute new charges or fees or (iii) to terminate any account or password. If at any time you are provided or establish a password that will be used to access and use protected areas of the website, you are solely responsible for protecting the security and confidentiality of the password. You shall immediately notify NSF of any unauthorized use of the password, or any other breach or threatened breach of this website’s security.

6. GOVERNING LAW AND FORUM CHOICE.By accessing or using this website or obtaining any products or services by or through this website, you also agree that these Terms of Use shall be governed by and construed in accordance with the laws of Colorado, without giving effect to any principles of conflicts of law, and you agree with respect to any dispute or claim relating to the access or use of this website or any products or services obtained by or through it to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Grand County, Colorado. NSF reserves the right, at any time and in its sole discretion, to limit the accessibility of this website and the availability of any services or products to any person, jurisdiction or area.

7. PRIVACY POLICY. Below, you will find our privacy policy. By accepting these Terms of Use, you acknowledge this policy. If the policy is not acceptable to you, please exit this site immediately. NSF, its agents, managers, members, landlords, clients, third-party contractors and employees shall not be liable for any claims, demands, actions or rights of action, loss or damages from the misuse or disclosure of your personal information.

8. MISCELLANEOUS TERMS. You may not assign or otherwise transfer any rights, or delegate any obligations, under these Terms of Use and any attempted assignment, transfer or delegation shall be void and of no effect. These Terms of Use shall inure to the benefit of NSF’s successors and assigns. If any provision of these Terms of Use is determined to be unlawful, void or for any reason unenforceable, then such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. NSF reserves to itself any and all rights not expressly granted in these Terms of Use. These Terms of Use contain the entire agreement between you and NSF relating to the subject matter hereof and supersede any and all prior or contemporaneous understandings, statements, representations and agreements related thereto.


PRIVACY POLICY


Any personal information collected on this website is intended only for use internally by Never Summer Fitness, LLC (“NSF”). It is not our practice to provide information to outside parties except as may be necessary or convenient to facilitate transactions or activities contemplated by this website, defend or enforce our legal rights, comply with laws or cooperate with governmental entities. While we have taken measures to protect your personal information, any information that you provide to us is provided at your own risk and we cannot guarantee the security of any such information. This policy is subject to change by NSF at any time.
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