Effective Date: April 15, 2021

We are Cincinnati Health Collective LLC d/b/a CrossFit Cincinnati (“CFC”).  References in these Terms of Use (these “Terms”) to “we,” “us,” or “our,” are to CFC. Please review the following Terms before using crossfitcincinnati.net, our microsites, mobile sites or mobile applications (collectively, our “Website”).  The terms “You” and “User” are used to refer to anyone who is accessing, viewing, downloading or otherwise using our Website. By accessing, viewing, downloading or otherwise using our Website, you agree to be bound by these Terms. CFC may revise these Terms at any time by updating this posting. If you do not wish to be bound by these Terms, do not join CFC and do not access, view, download, or otherwise use our Website or any of the services offered on our Website.  Nothing in these Terms shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by these Terms, you may not use nor access our Website.

Acceptable Site Use

(a) Copyright and Proprietary Rights.  The entire contents of the Website, including the text, graphics, images, logos, button icons, HTML code and scripts (“Material”) is the property of CFC and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. User agrees not to remove or obscure copyright notices appearing anywhere in or on the Website. CFC grants no copyright or ownership interests to User for any of the material and proprietary information referred herein belonging to CFC. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, copy, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Material, or any portion thereof, without the express written permission of CFC.

(b) Name and Logo.  User agrees not to use the name of CFC or its logo for any promotional or commercial purpose or any other purpose without the prior written consent of CFC.

(c) Prohibited Use.  User agrees not to modify, alter, or create derivative works of the material contained in or on the Website without prior written permission from CFC.  User agrees not to do anything that interferes with the proper working ability of the Website. This includes activity that can overload the Website’s infrastructure, use of software or other device other than that which is available from CFC, tampering with the software that makes up the Website, and destroying or changing information posted by any other person.  User agrees to comply with all applicable laws, as well as with these Terms. User may not post material that is copyrighted without first obtaining proper written consent from the copyright owner.

(d) Website Security.  User is prohibited from violating or attempting to violate the Website’s security. User may not probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website.

(e) Domain and Contact Information.  User is prohibited from use of the crossfitcincinnati.net domain while CFC holds an active ownership and dominion of the property. All emails and customer service contact information are considered intellectual property of CFC.

User Submissions.  Submitting any User-generated content, ideas, concepts, techniques or data to the Website constitutes your consent and grant to CFC of a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up, and royalty-free right and permission (but not the obligation) to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, use, and commercialize your User-generated content, in any way now known or in the future discovered, without any further consent, notice and/or compensation to you or any third parties. By submitting any information to CFC, you represent and warrant that the submission is accurate to your best knowledge, not confidential, and not in violation of any contractual restrictions or other third-party rights. CFC is under no obligation to exercise control over any content you or others submit when using the Website.

User Conduct.  By using our Website, you understand and agree not to:

  • Use our Website for any illegal purpose, including but not limited to conspiring to violate laws.
  • Transmit malware, software viruses, harassment, and/or other harmful content.
  • Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
  • Email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Stalk or harass anyone.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website.
  • Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
  • Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.

Eligibility.  You represent and warrant that you (a) have not previously been suspended or removed from the Website; (b) do not have more than one account at any given time; and (c) have the full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party. CFC may refuse service without prior notice to any User for any or no reason.

Registration and Password.  You are responsible for maintaining the confidentiality of your information and password. You are responsible for all use associated with your registration and compliance with all Terms. You are prohibited from selling, trading or otherwise transferring your account or any information therein to another party or charging anyone for access to the Website. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify CFC of any unauthorized use of your password or account or any other breach of security.

Privacy Policy.  Any personal information you provide to us through the Website shall be subject to our Privacy Policy. Please review our Privacy Policy, which is a part of these Terms of Use.

Other Terms and Conditions.  If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Website, those terms shall control.

Termination of Account.  CFC reserves the right, at its sole discretion, to pursue any legal remedies, including but not limited to issuing a warning, filing a complaint, or deleting User’s submissions. In addition, CFC may, with or without cause, immediately terminate User’s account and access to the Website without prior notice. Without limiting the foregoing, the following will lead to a termination by CFC of your use of the Website: (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your account includes removal of access to all offerings within the Website and may also bar you from further use of the Website. CFC shall not be liable to you nor any third party for any termination of your account or access to the Website.

Waiver of Liability for User-Generated Content.  You understand and agree that CFC does not screen or censor User-generated content made available through the Website. CFC does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by Users. CFC is NOT LIABLE for any content made available on the Website by other users. The User’s use of, or reliance on, any information contained in such third party content is at the User’s sole risk. Under no circumstances will CFC be liable for any loss or damage resulting from the User’s use of, or reliance on, such third party content.

Links to Other Sites.  The Website may contain links to third party websites. These links are provided solely as a convenience to User and not as an endorsement by CFC of the contents on such third-party Websites. CFC is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Websites. Access to any third party websites is at your own risk and CFC will have no liability arising out of or related to such websites or their content.

Terms of Agreement.  User agrees not to make any unauthorized commercial use of the Website. If User accesses the Website from outside the United States, User does so at User’s own risk. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Access to Service.  Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, CFC web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of the Website.

CFC Communications.  While providing you services, CFC may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Website. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the Website.

Changes to Terms; Updates: CFC reserves the right to change these Terms of Use at any time, and in its sole discretion, by changing these Terms of Use within the Website.  User’s continued use of the Website after any such changes to these Terms of Use are made available through the Website will constitute the User’s acceptance of those changes. These Terms of Use shall govern any updates to, or supplements or replacements for, the Website unless separate terms are provided in conjunction with such updates, supplements, or replacements – in which case such separate terms will apply.

Governing Law.  These Terms are governed by the laws of the State of Ohio and applicable federal laws of the United States of America, without giving effect to conflict of laws principles.  The User irrevocably consents to the exclusive jurisdiction of the federal and state courts situated in Ohio for purposes of any legal action arising out of or related to these Terms or use of the Website.

Agreement to Arbitrate: Any civil action, claim, dispute or proceeding arising out of or relating to access to or use of the Website will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of access to or use of the Website, and to arbitrate any part of these Terms of Use, including any claim that all or any part of the this section or these Terms of Use is void or voidable.

The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Hamilton County, Ohio, under the AAA’s rules and procedures, as modified by this section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.

You and we will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited U.S. $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Ohio, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other Users but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Franklin County, Ohio.

Disclaimers.  CFC AND ITS LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE WEBSITE CONTENT OR REPRESENT THAT THE WEBSITE OR THE WEBSITE CONTENT IS ERROR-FREE OR CAPABLE OF OPERATING ON AN UNINTERRUPTED BASIS. CFC SHALL NOT BE SUBJECT TO ANY LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF OUR WEBSITE OR THE SERVICES OR INFORMATION WE PROVIDE ON OUR WEBSITE FROM WHATEVER CAUSE. YOU ACKNOWLEDGE AND AGREE THAT CFC IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE WEBSITE OR ITS OPERATION. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CFC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE CONTENT OR ITS USE THEREOF. THE WEBSITE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER RESPECTIVE DATES OF PREPARATION OR PUBLICATION. CFC HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY WEBSITE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. YOU AGREE THAT YOU, AND NOT CFC, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION, OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS, OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEBSITE OR RELYING ON WEBSITE CONTENT.

Limitation of Liability.  USE OF THE WEBSITE IS AT THE USER’S OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, CFC AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (A) USE OR MISUSE OF THE WEBSITE OR THE WEBSITE CONTENT; (B) INABILITY TO ACCESS OR USE THE WEBSITE OR THE WEBSITE CONTENT; (C) ANY LOSS OR CORRUPTION OF DATA OR INFORMATION SUBMITTED VIA THE WEBSITE; (D) ANY COMMUNICATIONS OR SERVICES PROVIDED BY, OR REQUESTED FROM, CFC VIA THE WEBSITE; (E) ANY DELAY IN THE PUBLICATION OR RELEASE OF INFORMATION ON THE WEBSITE; OR (F) ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE WEBSITE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CFC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Prohibition of Class and Representative Actions and Non-Individualized Relief.  YOU MAY BRING CLAIMS AGAINST CFC ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Severability.  You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.

Indemnity.  Upon CFC’s request, the User agrees to indemnify, defend and hold harmless CFC and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys’ fees) that arise from: (a) the User’s use or misuse of the Website; (b) the User’s violation of these Terms of Use; or (c) the User’s violation of any third party right, including without limitation any copyright, property, or privacy right. CFC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with CFC in asserting any available defenses.

Contact.  Any questions, complaints, or claims regarding the Website may be submitted to CFC by emailing us at [email protected].