TERMS OF USE

Terms and Conditions of Use

Welcome to cheetahfit.com (the “Website”). The Website is the property of Cheetahfit, LLC (“The Company”). Please read these terms and conditions (“Terms of Use”) in detail. By your access and use of cheetahfit.com, you agree to be bound by and comply with the Terms of Use below. If you do not agree with these Terms of Use, do not access this Website.

The Company may change, modify, add or remove portions of the terms of use, at any time without notice and at our discretion. It is your responsibility to periodically check these Terms of Use for changes. Your continued use of the Site following the posting of changes will indicate your acceptance and agreement to those changes.


Health Disclaimer
None of the information on this Website is intended to replace or supersede the medical advice of a health care professional or be construed as actual instructions for physical actions to be taken by readers. No information on this website shall be considered or used in lieu of medical advice, diagnosis or treatment. Any action taken based on the content or information found in this Website or any related materials, products or content is to be used solely at your discretion, risk and liability. You should seek the counsel of appropriate health care professionals on any matter related to your health and well being before proceeding with any action involving health related issues.  

Results from our services vary from individual to individual. The Company is not guaranteeing results nor claiming that the results represented by testimonials or other information provided on the website can be attained by everyone. 

Neither this Website, The Company nor its owners, nor the managers, agents, contractors, successors, employees, contractors, representatives or any related entities, shall be responsible if you act on or use any information or products found on this Website, nor will they be responsible for any errors or omissions, or the use or misuse of, the information on this Website.  

Limitation of Liability
You agree that neither The Company nor its owners, nor the managers, agents, contractors, successors, employees, contractors, representatives or any related entities, shall be liable for any damages whatsoever arising out of or related to the use of, or inability to use, this Website or any other Website linked to this Website. This waiver of liability applies to direct, indirect, incidental, consequential, special, punitive, exemplary, statutory or other damages you or others may suffer, as well as damages for lost profits, lost revenue, business interruption or the loss of data or information, even if The Company is notified in advance of the potential for any such damages and regardless of the form of action, whether in contract, tort (including negligence), warranty, strict or product liability or otherwise. 

Under no circumstances, including negligence shall The Company nor its owners, nor the managers, agents, contractors, successors, employees, contractors, representatives or any related entities be liable for any direct, indirect, incidental, exemplary, economic, punitive, lost profit, special or consequential damages or from the damages that result from or are related to use or the inability to use any and all Company services including this Website and the physical facility if accessed through this Website. 

Content, Trademarks and Copyrights
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, service marks, artwork, graphics, images, text, audio or video clips, digital downloads, data compilations, computer software and computer code (collectively, “Content”) on the Site is the exclusive property of the Company, partners, suppliers or its Licensors and may not be copied, reproduced, uploaded, posted, publicly displayed, transmitted or distributed in any way or republished without prior consent of the Company and is protected by United States and international copyright laws.

Users are granted permission to browse and use The Company Website for its intended purpose, which is for your use only as a consumer. Any other use including, but not limited to, the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content on this Website or the exploitation in any other manner of any of the content of this Website, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this Website is protected by copyright and strictly prohibited.

The Company does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this Website, without the prior written consent of The Company. The Company prohibits the use of the Cheetahfit logo or other proprietary graphics or trademarks as a link to any Website unless the creation of such a link is approved in advance, and in writing, by The Company. 

Disclaimer of Warranty
ALL CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED FROM THE COMPANY DIRECTLY. PROVIDERS OF RETAIL ITEMS SOLD ON THIS SITE MAY OR MAY NOT PROVIDE SEPARATE WARRANTY OF ITEMS COMPLETELY UNRELATED TO THE COMPANY. SUBJECT TO THE FOREGOING, THE COMPANY DISCLAIMS ALL IMPLIED WARRANTIES. THE COMPANY MAKES NO REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY SITE LINKED TO THIS WEBSITE.

THIS DISCLAIMER BY THE COMPANY IN NO WAY AFFECTS THE TERMS OF ANY MANUFACTURER’S OR THIRD PARTY SELLER’S WARRANTY, IF ANY, RELATED TO THE GOODS PURCHASED VIA THIS WEBSITE. TITLE TO GOODS AND MERCHANDISE PASSES TO THE PURCHASER AND RESPONSIBILITY FOR DELIVERY AND ANY DUE WARRANTY PASSES TO THE SELLER AT THE TIME THEY ARE PAID FOR BY THE PURCHASER. DELIVERY PROCESSES AND ANY RELATED DISPUTES INVOLVED WITH ALL ORDERS ARE AN AGREEMENT SEPARATE FROM THE COMPANY BETWEEN THE SELLER AND PURCHASER. THE COMPANY IS MERELY MAKING THE BUYER AWARE OF OPPORTUNITIES TO PURCHASE ITEMS FROM THIRD PARTY VENDORS OR IS FACILITATING PAYMENT AND APPRISING THE SELLER OF ANY TRANSACTIONS AS THEY OCCUR.  

Third Party Websites
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the Company’s control, and the Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Use Restrictions
This Website is for your personal, non-commercial use only. You agree that you will not use this Website for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products; to monitor, gather or copy content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility or manual process of any kind; to frame or utilize framing techniques to enclose any trade name, logo or other proprietary information including, but not limited to, any images, text, or page layout; to use any meta tags or any other “hidden text” utilizing Cheetahfit’s name or any trade information; to engage in any activity that interferes with a user’s access to the Website or the proper operation of this Website. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this Website for any commercial purpose. 

Unlawful and Prohibited Conduct
You agree that you are prohibited from posting or transmitting to the Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these Terms and Conditions. The Company reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block offending visitors access from a particular internet address to this Website.

You may not use any automated or manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way or circumvent the navigational structure of the Site, to block any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. The Company reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site.

You agree that you will not attempt to impersonate any other person or otherwise disguise your identity when using the Site. You will not use tools, systems or methods to forge headers or otherwise attempt to disguise the origin of any transmission or communication to or from the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others.

Termination of Use of This Website
You agree that any violation of these Terms and Conditions, the unauthorized use of this Website, content materials and intellectual property as well as any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use this Website. The Company reserves the right to terminate or suspend your access to this Website and it’s content and use at any time, with or without notice at The Company’s discretion.

Product Descriptions
Born Fitness attempts to be as accurate as possible. However, Born Fitness does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current or error free. If a product offered is not as described, your sole remedy is to return it to the seller in unused condition.

Limited Availability and Price
In the event a product or service is listed at an incorrect price due to a typographical error or an error in pricing information received from our suppliers, The Company shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. The Company shall have the right to limit the number of items purchased through this Website. The Company shall have the right to refuse or cancel any order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Company shall issue a credit to your credit card account in the amount of the charge.

Contests, Promotions, Sponsorship's and Special Features
From time to time the Company may incorporate contests, promotions, sponsorship's or offers into the Website. By using these features, you represent that you are of legal age to use or participate in such service or feature and that your use of such features does not violate any laws.

Electronic Communications
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Consent
By accessing, browsing and/or using this Website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions and you agree to comply with all applicable laws and regulations. If you do not agree to these terms then please do not use this Website.

Privacy Policy
By using the Site you are also acknowledging and accepting the terms of the Privacy Policy, as published here. The privacy of those who visit our Website is of primary concern to The Company. We adhere to the highest ethical standards of the industry. We automatically gather some data from everyone who visits our Website, while other information is obtained at the discretion of the individual. Our sole purpose in doing this is to enhance the experience of individual visitors to our Website or facility. None of this information is shared with outside parties other than companies we employ to perform functions on our behalf, to whom limited data is given as is necessary in order to complete a transaction or to maintain or relationship with you. No medical, mental or health history information will be shared with anyone at any time without your prior consent.  

Security
Certain features offered on the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account.

Cookies
The Company reserves the right to store information on your computer in the form of a cookie or similar file for purposes of modifying this Website to reflect your preferences. Cookies allow us to respond to you as an individual, thus allowing us to personalize, customize and quickly process and complete your experience without having to continually request the same basic information from you. Cookies do not give us access to your computer or any information about you, other than the data you choose to share with us, and are not used to store any personal information such as name, address or payment information.

Disclosure to Authorities
The Company cannot guarantee that all private communications and other personally identifiable information will never be disclosed in ways not otherwise described in these Terms and Conditions. We reserve the right, and may be forced, to disclose any and all information to government bodies or government officials or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. As such, you authorize The Company to disclose any and all information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements or other activity that is, or may be, illegal or that may expose The Company to legal liability.

Indemnification
You agree to indemnify, defend and hold harmless The Company, its owners, nor the managers, agents, contractors, successors, assigns, employees, contractors, representatives or any related entities, from all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use of this Website.

Enforceability, Governing Law and Jurisdiction
In the event that any of the terms or provisions of these Terms and Conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.

Your access to and use of this Website, and these Terms and Conditions, are governed and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law provisions. Any action against The Company arising from, or relating to, your access to and use of this Website and the provisions of these Terms and Conditions must be brought by you exclusively in the state and federal courts located in Boulder County, State of Colorado. You consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Boulder County, State of Colorado, for the adjudication of all claims by The Company against you arising from, or relating to, your access to and use of this Website and the provisions of these Terms and Conditions. You agree to waive any and all objections that you may have to Colorado law as the governing law and to the sole and exclusive venue being Boulder County, Colorado. If you do not agree to these terms then you must immediately cease using this Website and its services. Your continuing to use this Website and its services will constitute your consent to these terms.

The Company’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Company in writing. You acknowledge and agree that you will not seek to litigate any claims against The Company or any of its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.

Limitations on Actions
Any action concerning any dispute that you may have with respect to, arising out of, or in connection with this Website must be commenced within one (1) year after the cause of the dispute first arises, and your failure to do so will permanently bar any cause of action that you may have.

Your Representations
You represent that you are 18 years of age or older and that you are not under any legal or other disability which limits your ability to comply with these Terms and Conditions.

Opt Out of Receiving Further Web Based Marketing
You can choose to be removed from our web-generated marketing lists at any time. Each unsolicited commercial email includes instructions for opting out of further e-mail marketing communications.
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