Legal Disclaimer

Prior to you (“Client”) being granted access to www.affinityathletics.com (“Website”), Client must agree to the following terms and conditions (“Terms & Conditions”). It is recommended that Client consults an attorney prior to accepting these Terms & Conditions.


TERMS & CONDITIONS

  1. CHANGES TO TERMS AND CONDITIONS
    AFFINITY ATHLETICS LLC RESERVES THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. CLIENT'S CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN CLIENT ACCEPTS THOSE CHANGES. 
  2. INFORMATIONAL PURPOSES
    Client agrees and understands that any and all contents and/or information contained on the Website, including but not limited to nutritional and/or exercise information is being provided solely for informational purposes. In addition, the Website is not monitored and/or controlled in any way by medical professionals, certified trainers, or nutritonists. As such, Client shall always seek medical advice from a medical professional prior to implementing any and all contents and/or information contained on the Website.
  3. CLIENT ACKNOWLEDGEMENTS Client hereby acknowledges that:
    1. These Terms and Conditions are binding upon Client and Client's executors, administrators, heirs, next of kin, successors, and assigns.
    2. Client is at least 18 years of age.
    3. Client is in good physical and mental health.
    4. Client has met with and has been examined by a medical professional prior to implementing any and all contents and/or information contained on the Website and Client was cleared by said medical professional to implement any and all contents and/or information contained on the Website.
    5. Client will not share the contents and/or any information contained on the Website with any third-party except Client’s medical professional.
    6. In the event that Client shares any contents and/or information contained on the Website with any third-party, Client shall indemnify and hold harmless the Website, from any claims, suits, causes of actions, and/or damages of any nature, resulting from Client sharing the contents and/or information contained on the Website with any third-party. 
  4. LINKS TO OTHER SITES
    The Website, or third parties on the Website, may provide links to other sites and/or resources, including advertisers, over which AFFINITY ATHLETICS LLC has no control. These links are provided solely as a convenience to Client to the Website and should not be construed as an endorsement by AFFINITY ATHLETICS LLC of content, items, or services on those third-party web sites. Client's access and use such sites, including the content, items, or services on those sites, solely at Client's own risk. AFFINITY ATHLETICS LLC makes no representations or warranties with respect to the content, personal information collection practices, ownership, or legality of any such linked Websites. Client agrees that AFFINITY ATHLETICS LLC has no responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products, or other materials available through such sites or resources. AFFINITY ATHLETICS LLC shall have no liability to Client for any loss or damage suffered by Client as a result of linking to any site from the Website to the maximum extent permitted by law. 
  5. NO UNLAWFUL OR PROHIBITED USE
    As a condition of Client's use of this web site, Client agrees that Client will not use this web site or the information or software contained in it for any purpose that is unlawful or prohibited by the terms and conditions listed. 
  6. RELEASE & WAIVER
    In consideration of Client being granted access to the Website, Client hereby waives, releases, and discharges the Website from any and all liability of any kind, including but not limited to death, disability, personal injury, and/or illness, which may hereafter accrue and/or occur from Client using/implementing any and all contents and/or information contained on the Website. The above release and waiver shall be construed as broadly as possible to provide a release and waiver to the maximum extent permissible by law.
  7. DISPUTE RESOLUTION
    1. These Terms & Conditions shall be governed, construed, and enforced in accordance with and subject to the laws of the State of North Carolina. Client further hereby acknowledges and consents that any controversy or claim arising out of or relating to these Terms & Conditions or anything in any way related to the Website, shall be administered by the American Arbitration Association, as follows:
      1. The parties must first attend non-binding mediation (except as set forth below). Mediation shall be paid by the party that files for same and mediation shall take place in Craven County, North Carolina.
      2. In the event that non-binding mediation is unsuccessful, then the parties are entitled to proceed with binding arbitration. Arbitration shall take place in Craven County, North Carolina and North Carolina law shall govern.
    2. Judgment on any award rendered by the arbitrator(s) may be entered in any Court having jurisdiction thereof.
      Arbitration means that customer waives their right to a judge or jury in a Court proceeding and client's grounds for appeal are limited.
    3. Each party shall be solely responsible for their own fees and expenses incurred in both mediation and arbitration, including but not limited to, attorney’s fees, expert’s fees, and filing fees. Neither party shall be awarded any costs or fees (including but not limited to attorney’s fees) in arbitration.
    4. Client agrees not to seek any emergent applications with any Court and that all emergent applications, including but not limited to injunctions and restraining orders, are heard before the American Arbitration Association.
  8. MISCELLANEOUS
    1. Whenever the word “Website” is used, it is understood that said term refers to AFFINITY ATHLETICS LLC (owner of the Website) and AFFINITY ATHLETICS LLC’s respective owners, affiliates, directors, officers, employees, representatives, agents, predecessors, successors, assigns, and heirs.
    2. These Terms & Conditions constitute the entire agreement and understanding between the parties in relation to its subject matter and supersedes and replaces all prior negotiations and all agreements between the parties, if any, in to relation to its subject matter and may not be altered, amended, modified, except in writing duly executed by the parties.
    3. Client may not assign these Terms & Conditions and or access to the Website any third-party without prior written consent, which may be withheld for any reason or no reason whatsoever.
    4. Website may assign these Terms & Conditions to any third-party.
    5. In making these Terms & Conditions, no party relied upon any statement or representation, oral or written, made by the other party to these Terms & Conditions. Each party expressly assumed the risk of any mistakes of fact.
    6. In the event that any of the provisions, terms, clauses, and/or rights contained in these Terms & Conditions are declared unlawful, unenforceable, or ineffective in a legal forum of competent jurisdiction, then such provisions, terms, clauses, and/or rights shall be deemed severable, such that all other provisions, terms, clauses, and/or rights contained in these Terms & Conditions shall remain valid and binding upon the parties.
    7. Any headings found in these Terms & Conditions are inserted for convenience only and are not to be considered in construction of the provisions thereto.
    8. The parties have cooperated in the drafting and preparation of these Terms & Conditions. Neither party may be regarded as its drafter, and in any interpretation to be made of these Terms & Conditions, there shall be no presumption that it should be construed against the interests of either party.
    9. Client has had an opportunity to review these Terms & Conditions with independent legal counsel. In addition, Client understands that they are under no obligation to execute these Terms & Conditions and voluntarily do so.