Effective Date: August 8th, 2024
Welcome to Cold Breath Fitness. These Terms of Service govern your use of our website and other services (collectively, the "Services") provided by Cold Breath Fitness. Please read these terms carefully. By accessing or using the Services, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use the Services.
THESE TERMS OF SERVICE INCLUDE A CLASS ACTION WAIVER, JURY WAIVER, AND A MANDATORY ARBITRATION AGREEMENT
The terms "Cold Breath Fitness," "us," "we," or "our" refer to Cold Breath Fitness. The terms "you" or "your" refer to the user or viewer of the Services.
Acceptance
By using the Services, you agree to comply with and be bound by these Terms of Service (the "Terms"). These Terms constitute the entire agreement between you and Cold Breath Fitness and supersede all prior or contemporaneous agreements, representations, warranties, and understandings. You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use our Services, or you must have the consent of your parent or guardian who agrees to these terms on your behalf.
Modifications
We may update these Terms at any time without prior notice. The latest version of the Terms will be posted on our website, and it is your responsibility to review them before using the Services. Continued use of the Services after any changes have been made constitutes your acceptance of the new Terms.
Privacy
Our Privacy Policy is incorporated into these Terms by reference. By agreeing to these Terms, you also agree to the terms of our Privacy Policy.
Copyright
All content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Services are protected under applicable copyrights, trademarks, and other proprietary rights. Unauthorized copying, redistribution, use, or publication of any such matters is strictly prohibited. You do not acquire ownership rights to any content or materials viewed through the Services. Posting information or materials on the Services does not constitute a waiver of any rights in such information and materials.
Trademarks
The names, logos, product and service names, designs, and slogans associated with Cold Breath Fitness are trademarks of Cold Breath Fitness or its affiliates or licensors. You may not use these marks without prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the property of their respective owners.
Limited License; Permitted Use
We grant you a non-exclusive, non-transferable, revocable license to access and use the Site and Services in accordance with these Terms. All other rights are reserved.
Restrictions and Prohibited Uses
You agree to use the Site and Services only for lawful purposes and in accordance with these Terms. Prohibited activities include, but are not limited to:
- Selling or reselling products purchased or received from us;
- Using the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with others' use;
- Attempting to gain unauthorized access to the Services, or any related systems or networks;
- Creating user accounts by automated means or under false pretenses;
- Transmitting any viruses, worms, or other harmful code;
- Harassing, threatening, or violating the rights of others;
- Posting inappropriate, defamatory, or unlawful content;
- Infringing the intellectual property rights of others;
- Promoting pyramid schemes, chain letters, or disruptive commercial messages;
- Running auto-responders or "spam" on the Services;
- Using automated means to scrape or crawl the Site;
- Interfering with the proper functioning of the Services;
- Impersonating another person or entity;
- Removing any copyright or other proprietary notices;
- Collecting information about users without their consent;
- Submitting false or misleading content;
- Using the Services for any illegal purpose or to promote illegal activities;
- Disclosing confidential or sensitive information;
- Using the Services for any commercial purpose without authorization.
Account Creation and Guidelines
To access certain features of the Services, you may need to create an account and provide accurate, complete registration information. Each account is for your personal use only and not for use by any other person or entity. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We reserve the right to close, suspend, or limit access to your account if we believe your account has been compromised or used improperly.
Content, Errors, Corrections, and Changes
We strive to ensure the accuracy of the information provided through the Services, but we do not warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We may make changes to the features, functionality, or content of the Services at any time.
Third-Party Content
The Services may include products, content, and services from third parties. Cold Breath Fitness does not endorse or guarantee the accuracy, reliability, or quality of these third-party offerings. If you access third-party websites or content, you do so at your own risk, and Cold Breath Fitness is not liable for any damages or losses arising from such access.
Unlawful Activity
We reserve the right to investigate and take appropriate action against anyone who violates these Terms or engages in unlawful activity, including reporting such activity to law enforcement.
Indemnification
You agree to indemnify and hold Cold Breath Fitness and its affiliates, partners, agents, officers, directors, employees, and licensors harmless from any claims, losses, liabilities, damages, and expenses, including reasonable attorney's fees, arising out of your use of the Services or violation of these Terms.
Nontransferable
Your right to use the Services is personal to you and is not transferable to any other person or entity.
Linked Sites
The Services may contain links to third-party websites. We do not control these sites and are not responsible for their content or any damages you may incur from using them. You access linked sites at your own risk.
Disclaimer
We provide the Services "as is" and "as available" without any warranties of any kind, express or implied. We disclaim all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will meet your requirements or that they will be uninterrupted, secure, or error-free.
Limitation of Liability
Cold Breath Fitness and its affiliates, officers, directors, employees, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, even if we have been advised of the possibility of such damages. Our aggregate liability to you for all claims arising from the Services is limited to the greater of the amount you paid us for the Services or $100.
Use of Information
We reserve the right to use and share your information in accordance with our Privacy Policy. Any suggestions, ideas, or other submissions you provide become our property, and we may use them without compensation to you.
Enforceability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Legal Compliance
You agree to comply with all applicable laws and regulations in your use of the Services.
Contact Information
For questions or concerns about these Terms of Service, please contact us at support@infusionventurestudio.com.
Arbitration, Jury Waiver, and Class Action Waiver
Please read this section carefully as it requires you to resolve certain disputes through arbitration and limits how you can seek relief.
General
If a dispute arises, the parties will attempt to resolve it through negotiation. If negotiation fails, the dispute will be settled by arbitration administered by the International Centre for Dispute Resolution. The arbitration will be held in the city where Cold Breath Fitness's headquarters is located or another location chosen by Cold Breath Fitness, and will be conducted in English.
Waiver of Jury Trial
You and Cold Breath Fitness waive any rights to a jury trial, opting instead to resolve disputes through arbitration. Arbitration is typically more limited and efficient than court proceedings.
Waiver of Class or Consolidated Actions
You and Cold Breath Fitness agree to bring claims only in your individual capacities, not as part of a class or representative action. If this waiver is found unenforceable, disputes will be resolved in court rather than arbitration.
Opt-out
You may opt out of the arbitration provisions by sending a written notice to 227 W Monroe St, Suite 2100, Chicago IL 60606, within thirty days of accepting these Terms. Include your name, address, email, and a statement that you wish to opt out of arbitration.
Exclusive Venue
If you opt out of arbitration or if arbitration is deemed unenforceable, disputes will be resolved in the state or federal courts located in North Carolina.
This arbitration agreement survives the termination of your relationship with Cold Breath Fitness.