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Website Terms & Conditions

 

Effective Date: 08/01/2024

Site Covered: buffalohealthandfitness.com



THE AGREEMENT: The use of this website and the services on this website provided by Buffalo Health and Fitness LLC. (hereinafter referred to as "NFP") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website").

1) DEFINITIONS

The Parties referred to in this Agreement shall be defined as follows:

  1. NFP, Us, We, Our, Ours and other first-person pronouns will refer to Buffalo Health and Fitness LLC, as well as all employees and affiliates of Buffalo Health and Fitness LLC.

  2. You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.

  3. Parties means collectively, the parties to this Agreement (Buffalo Health and Fitness LLC, and You) and will be referred to as Parties.


2) ASSENT & ACCEPTANCE

By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately.


3) AGE RESTRICTION

You must be at least eighteen (18) years of age to use this Website. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. NFP assumes no responsibility or liability for any misrepresentation of Your age.


4) LICENSE TO USE WEBSITE

NFP may provide You with certain information as a result of Your use of the Website. Such information may include, but is not limited to, documentation, data, or information developed by NFP, and other materials which may assist in Your use of the Website ("NFP Materials"). Subject to this Agreement, NFP grants You a non-exclusive, limited, non-transferable and revocable license to use NFP Materials solely in connection with Your use of the Website. NFP Materials may not be used for any other purpose and this license terminates upon Your cessation of use of the Website or at the termination of this Agreement.


5) INTELLECTUAL PROPERTY

You agree that the Website provided by NFP is the property of NFP, including all copyrights, trademarks, and other intellectual property ("NFP IP"). You agree that NFP owns all right, title and interest in and to NFP IP and that You will not use NFP IP for any unlawful or infringing purpose. You agree not to reproduce or distribute NFP IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from NFP.

6) ACCEPTABLE USE

You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website or general business of NFP.

You further agree not to use the Website:

  1. To harass, abuse, or threaten others or otherwise violate any person's legal rights;

  2. To violate any intellectual property rights of NFP or any third party;

  3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

  4. To perpetrate any fraud;

  5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

  6. To distribute any obscene or defamatory material;

  7. To distribute any material that incites violence, hate or discrimination towards any group; or

  8. To unlawfully gather information about others.


7) PRIVACY INFORMATION

Through Your use of the Website, You may provide Us with certain information. By using the Website, You authorize NFP to use Your information in the United States and any other country where NFP may operate.

  1. Information We May Collect or Receive: For Us to provide Services, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website, We may also receive information from external applications You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

  2. How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.

  3. How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that NFP will still receive information about You that You have provided, such as Your email address. Please contact NFP using the process outlined to Privacy Policy to delete Your information.


8) ASSUMPTION OF RISK

The Website is provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and NFP. You further agree that Your purchase of any of the products on the Website is at Your own risk. NFP does not assume responsibility or liability for any advice or other information given on the Website.


9) SALE OF GOODS/SERVICES

NFP may sell goods or services or allow third parties to sell goods or services on the Website. NFP undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, NFP does not guarantee the accuracy or reliability of any product information and You acknowledge and agree that if You purchase such products, it is at Your own risk.

10) REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

  1. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;

  2. Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

11) DATA LOSS

NFP does not accept responsibility for the security of Your account or content. You agree that Your use of the Website is at Your own risk.

12) INDEMNIFICATION

You agree to defend and indemnify NFP and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website, Your breach of this Agreement, or Your conduct or actions. You agree that NFP shall be able to select its own legal counsel and may participate in its own defense, if NFP wishes.

 


13) SPAM POLICY

You are strictly prohibited from using the Website for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.


14) THIRD-PARTY LINKS & CONTENT

NFP may occasionally post links to third party websites or other services. You agree that NFP is not responsible or liable for any loss or damage caused as a result of Your use of any third-party services linked to from Our Website.


15) MODIFICATION & VARIATION

NFP may, from time to time and at any time without notice to You, modify this Agreement. You agree that NFP has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

  1. To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

  2. You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.

  3. In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.


16) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.


17) SERVICE INTERRUPTIONS

NFP may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that NFP shall have no liability for any damage or loss caused as a result of such downtime.


18) TERM, TERMINATION & SUSPENSION

NFP may terminate this Agreement with You at any time for any reason, with or without cause. NFP specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of NFP or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.


19) NO WARRANTIES

You agree that Your use of the Website is at Your sole and exclusive risk. NFP hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. NFP makes no warranties that the Website will meet Your needs or that the Website will be uninterrupted, error-free, or secure. NFP also makes no warranties as to the reliability or accuracy of any information on the Website. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website is Your sole responsibility and that NFP is not liable for any such damage or loss.


20) LIMITATION ON LIABILITY

NFP is not liable for any damages that may occur to You as a result of Your use of the Website, to the fullest extent permitted by law. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.


21) GENERAL PROVISIONS:

  1. LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

  2. JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website, You agree that the laws of the State of New York shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and NFP, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Buffalo, New York. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

  3. ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Buffalo, New York. The arbitration shall be conducted by a single arbitrator and such arbitrator shall have no authority to add parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: New York. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by NFP will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

  4. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by NFP, the rights and liabilities of NFP will bind and inure to any assignees, administrators, successors and executors.

  5. SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

  6. NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

  7. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

  8. NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

  9. FORCE MAJEURE: NFP is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

  10. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: info@buffalohealthandfitness.com.

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