TERMS & CONDITIONS
Last Updated: June 3, 2019
1.1This website is owned and operated by Angelica Barquero and affiliates. For the purposes of these terms and conditions our, ourselves, us, we, and Capax Fitness, refer to Angelica Barquero and affiliates. These terms set forth the terms and conditions under which you may use our website and services as offered by us.
1.2The service and all materials therein or transferred thereby, including, without limitation, images, text, logos, photographs, videos, audio, and all Intellectual Property related thereto, are the exclusive property of Capax Fitness, unless otherwise obtained from a third party who may itself have copyright.
2. Use of Website
2.1In order to use our website or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. If you are using the website or any services or products on behalf of a person not at least 18 years of age, then you are representing that you are that party’s legal guardian and you are responsible for that party’s compliance with these Terms and Conditions.
2.2 You agree to provide accurate and truthful details about yourself for the purposes of registration to the website and/or services provided. We reserve the right to suspend or terminate your registration and/or services if we discover you have, at any time, provided inaccurate or misleading personal information.
2.3 Access to the information provided through your registration is for your sole use only.
2.4 Any password or right given to you to obtain access to “members only” pages, personal fitness programs, and the contents of either member pages or programs, is not transferrable to any third party.
2.5 We reserve the right, at our sole discretion, to terminate your access to “members only” pages or personal fitness programs if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.
3. Your Agreement
3.1 In accessing the Website, including any and all webpages, fitness programs, and/or services and products, information, text and images offered or provided on the website, you are deemed to have read and accepted the Terms and Conditions.
3.2 You agree to indemnify and hold Capax Fitness harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
4. Promotional Content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you do not want to receive such promotional materials or notices, please notify us at any time.
5.1We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations.
5.2 You may discontinue use and request to cancel your account (please note a refund will not be issued when cancelling) or service at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
6.1 In purchasing any product or services from the website you agree to:
(a) Pay using a valid credit card (or other form of payment as we may allow);
(b)Provide us with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with our purchase, or put on hold or terminate your access to the website, the program(s), or any services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the purchase;
(c) Pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the purchase; and
(d) All costs are in US Dollars unless otherwise indicated.
7.1 You acknowledge and agree the website and all services from the website, including without limitation, any products, services, websites, applications, health fitness, nutrition and wellness content and advice, or any other information provided therein are provided “as is” and “as available”, with all faults, errors and omissions, and without any performance assurances or guarantees of any kind. We provide no warranty as to any results or outcomes associated with using any of the products or services offered by Capax Fitness.
7.2 At our sole discretion, any claim for a refund will be considered on a case by case basis and we reserve the right to either provide you with a refund once the purchase is ordered, paid for and sent to you, or refuse your claim.
7.3You expressly acknowledge that your use of the website and its products and/or services is at your sole risk.
8. Medical Disclaimer
We are not a medical organization and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. All Capax Fitness services are provided for provided for informational purposes only, and are not intended to diagnose any medical or healthcare condition, replace the advice of a licensed healthcare professional, or provide any medical advice, opinion, diagnosis, treatment or guarantee. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the website and/or Capax Fitness programs, services, and/or products.
Although Capax Fitness provides products and services with your health and safety in mind, each individual has their own limitations and it is therefore critical that you consult a physician or other licensed healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided by Capax Fitness, and obtain appropriate authorization before accessing or using any Capax Fitness services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions.
You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use the website, programs, or its products and services, is at your sole risk.
9. Limitation of Liability
9.1 To the maximum extent permitted by applicable law, in no event shall we be held liable to you for special, compensatory, indirect, incidental, consequential, or exemplary injury, damages, lost profits, lost data or confidential or other information, loss of privacy, or costs of procurement of substitute goods or services.
9.2 To the maximum extent permitted by applicable law, we assume no liability or responsibility for any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our services; and any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
9.3 In regards to personal training, fitness instruction, and/or exercise programs, you acknowledge and understand that physical exercise can be strenuous and subject to risk of serious injury, you are encouraged to obtain a physical examination from a licensed healthcare provider before participating in any exercise activity. You agree that if you engage in any physical exercise or activity, you do so entirely at your own risk.
9.4 Any recommendation for changes in diet, including the use of food supplements and products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and assume all risks of injury or illness.
9.5 To the extent that statute or case law does not prohibit release for negligence, this limitation of liability is also for negligence on the part of the Fitness Coach.
10. Our Rights to modify services
You acknowledge that we are entitled at any time to change, modify, vary, delete or otherwise deal with the website, programs, services, and/or Terms and Conditions, as we see fit. When we change the Terms in a material manner, we will notify you that material changes have been made the Terms. Your continued use of the website or our services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.