Cinch Use Terms and Conditions
Effective December 2017
By accessing or using the advertisement (including all services, functions and features of the website), you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by the following Terms and Conditions:
We hereby authorize you to view, refer to and use the materials and other information in the advertisement and on our Site subject to the Terms and Conditions, provided that such material is used solely for non- commercial, personal and informational use. Except as ordinarily occurs when a website or application is downloaded to your computer or smartphone in the normal course of browsing such website, material from this Site may not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered, transmitted in any manner, or used to create derivative works of any material found on our Site without our prior written consent.
All information and content available in the advertisement and on the website and their respective "look and feel," including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of Journey Fitness Coaching, LLC, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
Except as set forth in “Limited Licenses” below, or as required under applicable law, neither the Content nor any portion of the advertisements or website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the advertisement or website (“Site”). This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/ or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking. Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
When you transmit, upload, post, e-mail or otherwise make available text, graphics, images, or other materials ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission. You agree not to transmit, upload, post, e-mail or otherwise make available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; or (c) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass, entrap or harm any third party; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Limitation of Liability
We are an online service provider; we are not responsible for any loss or injury whatsoever due to this Site or Content or other information published through this Site. This Site may be unavailable due to maintenance or other factors and we will have no liability for any such unavailability.
We will also not have any liability due to any loss of data, degraded data, old or outdated data, or errors in data resulting from non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network external to this Site. You (and not Journey Fitness Coaching) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer or smartphone equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Site. The limitations of liability provided in these Terms and Conditions inure to our benefit and to the benefit of our affiliates, and to all of our respective officers, directors, employees, attorneys and agents.
Journey Fitness Coaching, LLC. has no obligations or responsibility for postings to this Site or liability arising from the content of any such postings to this Site or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this Site. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
You may not use any device, software or routine, including but not limited to any viruses, worms, Trojan horses, time bombs, malicious code or other harmful components, intended to damage or interfere with the proper working of this Site or to surreptitiously intercept or expropriate any system, data or personal information from this Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such overload technique(s).
Journey Fitness Coaching, LLC will fully cooperate with any law enforcement authorities or court order requesting or directing Journey Fitness Coaching, LLC. to disclose the identity of anyone violating these Terms and Conditions. Journey Fitness Coaching, LLC. may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Journey Fitness Coaching LLC., customers or the public.
Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.
Our Site may contain hyperlinks to websites owned and/or controlled by parties other than Journey Fitness Coaching LLC. Access to any other website is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these websites. We provide these hyperlinks merely as a convenience and the inclusion of such hyperlinks does not imply an endorsement by Journey Fitness Coaching LLC., or Journey Fitness Coaching LLC. Representatives, and we shall not be liable for any damage that might result from your use of information or products accessed through these hyperlinks.
Accuracy of Information
The information materials on this Site (including any graphics, software, recommendations or other materials) and any materials made available through this Site are provided "AS-IS" and without warranties of any kind, either express or implied. The materials on this Site may include technical inaccuracies or typographical errors. These materials may be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Journey Fitness Coaching, LLC. undertakes no obligation to verify or maintain the currency of such information. We shall not be liable for any damage that might result from your use of information contained on this Site.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in New York and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. If these Terms and Conditions change, the changes will be posted on the Site and any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
We may, in our sole discretion and at any time, discontinue this Site, either in part or in whole, with or without notice. You agree that any termination of your access to this Site may be affected without prior notice, and you agree that we shall not be liable to you or any third party for any such termination.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
No failure on the part of Journey Fitness Coaching, LLC to enforce any part of these Terms and Conditions shall constitute a waiver of any of Journey Fitness Coaching, LLC's rights under these Terms and Conditions whether for past or future actions on the part of any person.
Continuing Terms and Conditions
We may amend, modify or supplement these Terms and Conditions at any time. Your continued use of this Site constitutes your acceptance of any such amendment, modification or supplement.
If you have any questions regarding these Terms and Conditions, please email us at: [email protected]
Just enter your info below so we know where to send your 5 free workouts. Once you do we'll set up a time for your 1st workout. Nice and easy!