TERMS & CONDITIONS
American Fitness Contests Inc.
Terms of Use
PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”) CAREFULLY.
By entering and using the “Site” You agree to be bound by these Terms. These terms are a binding agreement between You and American Fitness Contests Inc. (also referred to herein as “AFC,” “We”, “Us”, “Company,” or “Our”).
Changes to Terms of Use and Service
1. Agreement to Terms of Use
THESE TERMS MAY BE ALTERED OR AMENDED BY US IN OUR DISCRETION WITH OR WITHOUT NOTICE, AT ANY TIME. In addition, we reserve the right to cease providing all or any portion of the Services at and time with or without notice. All changes to these Terms of Use are effective as of the “Last Revised” date. Continued use of our Website or Services after the Last Revised date constitutes Your acceptance of and agreement to be bound by those changes. Be sure to update yourself with these terms periodically to ensure familiarity with the most current version of these Terms.
2. Changes to Terms of Use and Service
3. Privacy Policy
We honor Your privacy and are devoted to protecting it through Our compliance with the policies and procedures as established in our Privacy Policy. Please refer to our Privacy Policy to understand the procedures we put forth to help protect your Personal Information. The date of the last revision to our Privacy Policy is noted at the bottom of our Privacy Policy.
4. Registration & Personal Information
You hereby agree to provide Us with true, complete, and up-to-date information regarding your registration and billing information. Any User providing with information that is not true, complete, and up to date, shall not be allowed to continue to use the Site and may be subjected to civil and criminal liability.
You also agree that We have no liability for any losses, damages, liabilities, or expenses you may incur due to any unauthorised use of your account and you agree to hold us innocent for any such unlawful use. We reserve the right to create accounts for quality control and administrative purposes.
5. Refunds
The basic policy of AmericanFitnessContests is not to arrange for any refunds from Users unless extraordinary circumstances apply. No refunds will be made by cash or check.
6. Proprietary Rights
- All information and content provided through the Services, including but not limited to, the text, data, software, manuscripts, graphics, photographs, sounds, videos, interactive features, blogs, posts, feedback, messages, and other materials (collectively, “Content”) and trademarks, service marks, and logos contained therein are owned by Us or licensed to us is subject to copyright and other intellectual property rights under United States and foreign laws. All content is provided to you exclusively for your information and personal, non-commercial use. You agree to not engage in the use of copying, editing, publishing, transmitting, or uploading this content in any way. In addition, you also agree to not to interfere with any security related features of the Services, Content, or features that confine the use of or copying of any Content. Any content provided by you is hereby licensed by you to the Company, and you shall have no claims, demands or suits in this respect.
- By submitting content and/or information to any “public area” on the Site, such as forums or message centers, you allow the Company the continued, irreversible, non-exclusive rights and license to use, modify, adapt, publish, reproduce, translate, create secondary works from, allocate, communicate to the public, perform and display the content and/or the information and/or to incorporate it in other works in any form, media or technology, for the full term of any rights that may exist for such content.
7. Additional Representations and Warranties
Under penalty of perjury, You further represent and warrant to us the statements listed below:
(a) Your information is current, complete and accurate. You will keep all information up to date and complete. This includes but is not limited to (billing address, credit card number, or expiration date)
(b) Your use of the Services is and will follow all applicable laws, rules, regulations, ordinances, or customs.
(c) You will not use any robot, spider, scraper or other automated measures to access or use the Services, cause harm to us or Our affiliated entities, manipulate our program, or replicate our intellectual property in any manner.
8. Termination
a. We reserve the right to terminate or restrict your access to Our Services, without notice or liability, for any reason whatsoever.
b. We reserve the right to report to and cooperate with law enforcement with respect to any potential fraud claims.
c. In the event that an event is suspended or cancelled, you will not be entitled to any refund (including but not limited to any prepaid amounts).
9. Disclaimer of Warranties
YOU AGREE YOUR USE OF OUR SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED TO THE ABSOLUTE POSSIBLE PERMITTED BY LAW. WE AND OUR EMPLOYEES, AFFILIATES, RELATED COMPANIES, AND OTHER REPRESENTATIVES, RELINQUISH ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY, RELAIBILITY, COMPLETENESS, USEFULNESS, OR NON-INFRINGEMENT OR INTELLECTUAL PROPERTY, AND OTHERS.
WE DO NOT WARRANT ANY ERRORS BY US OR FOR ANY LOSS OR DAMAGE OF ANY KIND ACQUIRED BY ANY THIRD-PARTY AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE ACCESSIBLE VIA THE SERVICE. IN ADDITION, WE HOLD NO ACCOUNTABILITY FOR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED WITHIN.
WE CANNOT GUARANTEE AND DO NOT PROMISE ANY DEFINITE RESULTS FROM USE OF THE SERVICES. WITHOUT LIMITING THE AFOREMENTIONED TERMS, WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
WE ASSUME NO LIABILITY OR OBLIGATION FOR ANY ERRORS OR INNACURACIES OF CONTENT, PERSONAL INJURY, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES. WE DO NOT GAURANTEE THAT DEFECTS IN THE SITE WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR INFORMATION OR SYSTEM IS PROTECTED BY ANTI-VIRUS, IF THE SITE OR ANY SERVICES ARE CONTAMINATED OR INFECTED.
WE DO NOT AUTHORIZE, RECOMMEND, OR GAURANTEE, OR UNDERTAKE RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR APPEARING ON OUR WEBSITE IN ANY ADVERTISING FASHION OR THERE OTHERWISE. WE WILL NOT BE HELD RESPONSIBLE FOR ANY TRANSACTIONS MADE BETWEEN YOU AND A THIRD-PARTY PROVIDER OF ANY PRODUCTS AND SERVICES.
10. Limitation of Liability
IN NO EVENT WILL WE OR AFFILIATES, SUPPLIERS, OR THE COMPANY’S AFFILIATES /SUPPLIERS’, DIRECTORS, EMPLOYEES, SHAREHOLDERS, , REPRESENTATIVES, LICENSORS, OR SUCCESSORS, BE LIABLE TO YOU OR TO ANY THIRD-PARTY WHATSOEVER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH INDEMNITIES OR SUCH INDEMNITIES ARE FORESEEABLE.
YOU FURTHER AGREE TO IDEMNIFY US AND HOLD US INNOCENT TOWARDS ANY CLAIMS, DAMAGES, LIABILTY AND EXPENSES IN THE EVENT THAT YOU FIND ANOTHER USERS’ CONTENT TO BE INNACURATE OR HARMFUL OR ANY ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN THE CASE YOU CLAIM THERE WAS ANY ISSUE WITH YOUR USE OF THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO SEEK REIMBURSEMENT FOR ANY FUNDS PAID FOR THE SERVICE, AND WE SHALL HAVE SOLE DISCRETION TO DETERMINE IF ANY PORTION OF YOUR FUNDS SHOULD BE REIMBURSED TO YOU.
YOU AND WE AGREE THAT ANY REASON OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE IN ANY WAY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY LOCKED. BOTH PARTIES EXPRESSLY AGREE TO WAIVE THEIR RIGHTS TO ANY LONGER STATUTE OF LIMITATIONS.
11. Indemnification
You shall insure and hold the Company, managers, owners, shareholders, directors, employees, related companies, and other representatives harmless from any damage, liability, claim, demand, or expense. This includes but is not limited to, judicious attorney fees, made by any third-party by reason of or arising from: Your use of and access to the Services or use of Your account by any other person; Your violation of any term of these Terms and Conditions; Your violation of any third-party right including any copyright, trademark, patent, other intellectual property rights, privacy rights, or any other right; Any action by You which is deemed careless or wrongful.
12. Notices
13. Waiver
14. Agreement Binding
15. Company Address
2540 Esplanade, Suite 8
Chico Ca, 95973
Last Revised: July 5, 2019