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TERMS & CONDITIONS | Korefire Fitness™

TERMS & CONDITIONS


1. Acceptance of Terms. These Terms and Conditions of Use (“Terms”) govern the use of the Korefire Fitness Website www.korefirefitness.com (“Website”), any mobile versions thereof, and any applications created by Korefire Fitness. This Website is designed and published to provide you with information relating to Korefire Fitness. Carefully read these Terms before using the Website. If you do not agree with these Terms, you are not authorized to use this Website. By accessing the Website, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The materials contained in this Website are protected by applicable copyright and trademark law. You must be at least eighteen (18) years of age to use this Website. By using this Website and by agreeing to these Terms, you warrant and represent that you are at least eighteen (18) years of age.

2. Access to Password-Protected Areas. Access to password-protected areas (“Service”) require login and password information. You must have this information in order to access these areas and make use of the Service. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (“Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Korefire Fitness reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service on our Website is void where prohibited.

3. Password-Protected Portions Of The Site. You agree to take reasonable measures to ensure that no unauthorized person or entity shall have access to password-protected areas of the Website using your account and password. You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account and password. You agree to (a) immediately notify Korefire Fitness of any unauthorized use of your account and password or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You agree that, if you are provided rights to access or use password-protected areas of the Website, those rights are non-transferable. You may not assign, sublicense, transfer, pledge, lease, rent, or share the account and password to anyone other than an agent authorized to act on your behalf, and subject to all of the provisions set forth in these Terms. Korefire Fitness will not be liable for any loss or damage arising from your failure to comply with these Terms. Korefire Fitness reserves the right to cancel any membership at its’ sole discretion without notice or explanation

4. License to Use Website. Unless otherwise stated, Korefire Fitness and/or its licensors own the intellectual property rights of the Website. Subject to the license below, all these intellectual property rights are reserved. You may view, download, or print a copy of information provided on this Website for your own personal use subject to the restrictions set out below and elsewhere in these Terms. You must not:

  • republish material from this Website (including republication on another Website);

  • sell, rent or sub-license material from the Website ;

  • show any material from the Website in public;

  • reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;

  • edit, remove, manipulate, or otherwise modify any material on the Website;

  • redistribute material from this Website (except for content specifically and expressly made available for redistribution.)

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Korefire Fitness at any time.

5. Prohibited Behavior. You are responsible for your behavior in your use of this Website and for respecting Korefire Fitness’ and third parties’ (person or entity) rights in connection with the Website and its content. You may not use this Website

  • to post or otherwise transmit data for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government;

  • to post or otherwise transmit data that is infringing, threatening, defamatory, libelous, obscene, violence, pornographic and sexually explicit, or any other offensive subject matter;

  • to post or otherwise transmit data that is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  • in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

  • in any way which violates Korefire Fitness’ or third parties’ rights via downloading, emailing, transmitting, or otherwise using this Website;

  • in any way that exploits any portion of this Website to distribute commercial messages, “spam,” or other unsolicited communications including solicitation for identifying information;

  • in any way that directly or indirectly, intentionally disrupts or interferes with this Website in any manner that may materially adversely affect Korefire Fitness or any third party;

  • in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website;

  • to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

  • for any purposes related to marketing without Korefire Fitness’ express written consent;

  • in any way that bypasses any measures Korefire Fitness or any third party may use to prevent or restrict access to this Website.

6. License to Your User Content. Under these Terms, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose. You grant to Korefire Fitness a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Korefire Fitness the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Korefire Fitness or a third party under any applicable law. You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Korefire Fitness reserves the right to edit or remove any material submitted to this Website, or stored on Korefire Fitness’ servers, or hosted or published upon this Website.  If you wish to remove your user content, you may contact us to request the removal of your user content, but Korefire Fitness has no obligation to remove your user conent, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of your user content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of your user content may remain on servers after your user content appears to have been removed from our Website.

7. Disclaimer of Warranties. The use of this Website is solely at your own risk. This Website is provided on an “as is” and “as available” basis. Korefire Fitness expressly disclaims all warranties of any kind with respect to this Website whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Korefire Fitness expressly disclaims any responsibility for the actions of any other user of this Website. We make no guarantee that the information on this site is up to date, accurate, or complete. You should not rely on it for any decision or to take any action. We hereby disclaim any warranty that the information on this site will be uninterrupted, timely, secure, current, accurate, complete or error-free or that the results that may be obtained by use of the site will be accurate or reliable. Korefire Fitness disclaims any warranty that the site is free of viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the site is to cease to use this Website. Korefire Fitness does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party throughout the Website or any hyperlinked website or featured in any banner or other advertising and Korefire Fitness will not be a party to or in any way be responsible for monitoring any transaction between you and the third party providers of products or services.

8. Exclusions and Limitation of Liability. You expressly understand and agree that Korefire Fitness, its officers, directors, employees, or agents shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data loss, or other losses resulting from (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage of any nature whatsoever resulting from you access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, (vi) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and (vii) the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Korefire Fitness shall not be liable for content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

9. Intellectual Property. This Website and its contents are owned by Korefire Fitness or third parties and are protected by law, including but not limited to copyright and trademark law. Certain content, such as copyrighted materials and trademarks, are used by permission of third parties. Except as allowed by law (such as fair use) or as expressly permitted in connection with specific content, this Website and its contents may not be reproduced, modified, distributed, displayed, performed, or used in any way without the prior written permission of Korefire Fitness or the third-party owner. The content on the Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein are owned by or licensed to Korefire Fitness, subject to copyright and other intellectual property rights under law. Korefire Fitness has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Website or with the Service. Korefire Fitness reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or our Website by any user who is alleged to have infringed on the intellectual property rights of Korefire Fitness or of a third party, or otherwise violated any intellectual property laws or regulations. Korefire Fitness’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Korefire Fitness to delete, edit, or disable the material in question, you must provide Korefire Fitness with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Korefire Fitness to locate the material; (d) information reasonably sufficient to permit Korefire Fitness to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Korefire Fitness either by e-mail, or by U.S. mail to our designated agent for notification of infringement.

10. Integration Clause. These Terms, together with the Privacy Policy and any other legal notices, constitute the entire agreement between you and Korefire Fitness in relation to your use of this Website and Services, and supersede all previous agreements in respect of your use of this Website.

11. Unenforceable Provisions. If any provision of these Terms are found to be unenforceable under applicable law by a court of competent jurisdiction, that will not affect the enforceability of the other provisions of this Website disclaimer

12. Indemnity. You hereby indemnify and hold harmless Korefire Fitness, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents against any and all claims, losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Korefire Fitness to a third party in settlement of a claim or dispute on the advice of Korefire Fitness’ legal advisers) incurred or suffered by Korefire Fitness arising from: (i) your use of and access to the Website, (ii) your violation of any of these Terms, (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or (iv) any claim that one of your submissions of content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website.

13. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website.

14. Changes. From time to time, Korefire Fitness may change this Website and/or the Terms. If a change to these Terms are made, Korefire Fitness will post the revised Terms on this Website. Korefire Fitness reserves the right to add to or change this Website or cease offering this Website at any time and without liability. Korefire Fitness reserves the right to refuse to offer access to this Website and/or its content to anyone at any time without notice. It is therefore important that you review these Terms regularly.

15. Term and Termination. You agree that Korefire Fitness may, under certain circumstances and without prior notice, immediately terminate your Korefire Fitness account, and access to the Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the these Terms or other incorporated agreements or guidelines, (ii) requests by law enforcement or other government agencies, (iii) a request by you, (iv) discontinuance or material modification to the Service (or any part thereof), (v) unexpected technical or security issues or problems, (vi) extended periods of inactivity, (vii) engagement by you in fraudulent or illegal activities, and/or (viii) nonpayment of any fees owed by you in connection with the Services. Termination of your Korefire Fitness account includes (i) removal of access to all offerings within the Service, (ii) deletion of your password and all related information, files and content associated with or inside your account and (iii) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Korefire Fitness’s sole discretion and that Korefire Fitness shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

16. Links. This Website may include links to other websites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Korefire Fitness with respect to the linked site or its provider. Korefire Fitness makes no representations or warranties with respect to any linked website. Korefire Fitness does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such website. Your use of any linked website is solely at your own risk.

17.Governing Law and Forum. This Agreement and any claim relating to Website shall be governed by the laws of the State of California without regard to its conflict of law provisions. By using the Website, you agree to submit any and all disputes arising out of or relating to these Terms to the exclusive jurisdiction of the state or federal courts located in Orange County, California, or, at Korefire Fitness’s sole election, to binding arbitration before a single arbitrator pursuant to the American Arbitration Association’s Commercial Dispute Resolution Procedures, with such arbitration to take place in Orange County, California.

18. Ability to Accept Terms of Service. The content on Website is not directed to persons under eighteen (18) years of age. By providing information about yourself to Korefire Fitness you affirm that you are at least eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into an agreement with these Terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of thirteen (13), as the Website is not intended for children under thirteen (13.) If you are under thirteen (13) years of age, please do not use the Website.

19. Miscellaneous. We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through our Website, to obtain certain premium content through our Website, or for other reasons.

For questions or concerns, please contact us at:

Korefire Fitness

330 N Brea Blvd. Suite D

Brea, CA 92821

(714) 988-3685 | burn@korefirefitness.com