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TERMS OF USE
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Team Rock LLC, DBA Shell Shock Fitness, DBA Team Tae Bo Fitness
These are the General Terms and Conditions, as used by Team Rock LLC, a limited liability company (hereafter: “Team Rock LLC”) operated in Franklin, TN and on the world wide web.
By making use of the website, mobile apps and any other products and services of Team Rock LLC (hereafter: “Products”) you declare to explicitly agree with all General Terms and Conditions of Team Rock LLC (hereafter: “Terms of use”).
The Terms of use apply to Team Rock LLC’s end-users (hereafter: “Consumers”) and the Team Rock LLC’s business users of Team Rock LLC Professional products and services (hereafter: “Professional Clients”) and their clients (hereafter: “Client Members”). Consumers, Professional Clients and Client Members will be referred to in general as “Users”. Users and Team Rock LLC will be referred to as “Parties”.
1. Privacy Policy
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1.5. COVID-19- And/Or any other health related Issue
1.6 Before entering our facility and/or before making use of our services (on or off site) you must answer "NO" to the following questions:
A. Have you been in contact with a confirmed case of COVID-19 or any other contagious virus/illness in the last 14 days?
B. Are you experiencing a cough, shortness of breath or sore throat?
C. Have you had a fever in the last 48 hours?
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2. Use
2.1 The use of the Products is only allowed, if the Terms of use are agreed upon, with a few exceptions in a number of cases mentioned hereafter. Therefore, by using one or more Products, the Party declares to agree with the Terms of use.
2.2 Team Rock LLC reserves the right to forbid the use of and/or access to her products without (prior) notice or reason, for example by blocking or removing profiles or by blocking IP-addresses of computers, in case Team Rock LLC finds this appropriate due to whatever reason.
2.3 Consumer Profiles are restricted to natural persons for personal use only and public groups are for users with a joint interest only. Companies and other institutions, like foundations, gyms and other commercial companies are allowed to create groups within the Team Rock LLC specified area ONLY, not on the public version of the Products, unless they have received prior written permission from Team Rock LLC.
2.4 Profiles and groups contrary to previous rules can be removed, without prior notice.
2.5 Users understand if no shows become an issue, Users may then be charged a fee if they register for a session and do not show up for the session, and do not cancel themselves out of the registration. Fees will not exceed drop-in rates. Fees are at the sole discretion of Team Rock LLC and may vary. Users also understand that by using the registration process, they understand it is their responsibility to know the process and the time frames allowed for registration and cancellation of any session.
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3. Objectionable Content Policy
3.1 Content may not be submitted to the Products and Team Rock LLC moderates all content and ultimately decides whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sportsbooks, bingo or poker.
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4. Age Restrictions
4.1 By using the Products of Team Rock LLC, you represent and warrant that (a) you are 16 years of age or older and you agree to be bound by this Agreement; (b) if you are under 16 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Products does not violate any applicable law or regulation. Your access to the Products may be terminated without warning if Team Rock LLC believes, in its sole discretion, that you are under the age of 16 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the Products, you agree to be bound by this Agreement with respect to your child’s use of the Products.
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5. Offered information
5.1 Although the information on this website and contained within the other Products – with the exception of the user-generated content – is made with great care, a complete accuracy, reliability or suitability whatsoever cannot be guaranteed. Therefore, in case you rely on the information on this website or contained within the other Products, whether or not originating from Team Rock LLC or one of its employees, contractors or anyone who appears to speak on behalf of Team Rock LLC this is completely at your own risk.
5.2 The information is explicitly not meant for replacing medical care, medical advice or support by professionals within other disciplines. Team Rock LLC should in example never be used for (self) diagnosis. In any case, it is strongly recommended that users immediately consult their doctor with any medical questions, complaints and/or symptoms.
5.3 By accepting these Terms of use the Party explicitly recognizes that Team Rock LLC cannot be held liable for any defects and/or wrong information contained within the information offered, and the possible damage which may occur as result thereof.
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6. Physical exercise and nutrition
6.1 Performing physical exercise or following a diet plan can pose a health risk, ranging from injuries to death. Users that wish to start with any form of physical exercise or a diet plan with the Products, must always consult their doctor and/or dietitian prior to starting said exercise or plan. Users who experience any form of pain or become dizzy or short of breath should immediately stop the physical exercise or their diet plan and contact a doctor for advice.
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7. Rights of intellectual property
7.1 By accepting these Terms of use the Party explicitly recognizes that all designs, information, images and other content within the Products – with exception of user-generated content – are property of Team Rock LLC, and are protected by relevant laws of intellectual property, including but not restricted to copyrights, trademark rights, database rights, neighboring rights, patents, and design rights.
7.2 Team Rock LLC grants Users a limited, personal, non-exclusive, non-sublicensable, non-transferable and revocable right to use the Products for personal purposes and under the terms of use, as stated in these General Terms and Conditions.
7.3 In case Team Rock LLC and a third party, being a company or institution, agree upon the licensing of one or more of the Products, this concerns a limited, non-exclusive, not sub-licensable, non-transferable and revocable right to use said Products concerned.
7.4 It is explicitly forbidden to copy, duplicate, modify, publish or use the designs, information, graphics and other content for direct or indirect commercial purposes, unless explicitly agreed in written form with Team Rock LLC.
7.5 The Party declares not to perform any acts which infringe or can infringe the (intellectual property- or database) rights of Team Rock LLC or third parties.
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8. Licensing for shared information
8.1 The Users grants Team Rock LLC in exchange for the services granted by Team Rock LLC a continued, worldwide, unlimited, irrevocably, non-exclusive license without any extra remuneration by Team Rock LLC, including the right to sub-license, to all information, including but not limited for texts, images, photos, video and sound files, designs and user information, which is uploaded to, shared with or saved within the Products or shared with Team Rock LLC in any other way by the Party (hereafter: “the Shared Information”), to use, copy, distribute, transfer, perform, modify, or use otherwise, for commercial or other purposes through all existing media.
8.2 By accepting the Terms of use, the opposite party guarantees that the Shared Information does not infringe any intellectual property right, privacy or other rights of third parties, does not contravene the law, does not contains (child)pornographic material or is otherwise offensive, does not constitute threat or defamation, is free from viruses or other code which is harmful or can be harmful to computers, other electronics or the data or programs contained thereon, and has no commercial purpose.
8.3 The Users remain fully responsible and liable for any direct or indirect damage caused to or by Team Rock LLC and third parties due to the Shared Information by the Users.
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9. User information and registration
9.1 The Party declares that the information provided, in example for registration, is correct and complete and that it will update these where possible within the Products, in case of changes. Any passwords should be kept carefully and may not be shared with third parties.
9.2 The Party may not grant third parties access to Products via his own registered account. In case the Party shares his account access information with third parties, he will be fully responsible and liable for direct and indirect damage resulting thereof.
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10. Communication
10.1 Team Rock LLC may send varying communications to users via the Products, including update notifications or reminders, e-mails or other communications. Users can indicate at the settings until what extend they wish to receive said communications.
10.2 The Party agrees that Team Rock LLC may approach the Party for important changes or updates of the Products, in case deemed necessary by Team Rock LLC. Such communication shall in principle never contain any commercial messages from third parties.
10.3 Members can communicate with each other within the Products, e.g. by placing comments or sending messages or discussing within groups. The Party declares not to send spam, or any other communications which are undesired by the receiver, being commercial or otherwise, including but not limited to threatening, aggressive, obscene, ignominious, offending, privacy infringing or commercial communications. Any acts contrary to this condition can – as with the other conditions – result in immediate denial of access and use of the Products and termination of the user license.
10.4 Team Rock LLC is at any time free to delete any user communications or other Shared Information without any prior or further notice if these are regarded to be below standard or otherwise inappropriate by Team Rock LLC.
10.5 For all communication and contact via the Products the following User guidelines apply:
1. a) Keep it always fun and positive!
2. b) Treat each other with respect
3. c) Respect each other’s opinion, even if you do not agree with it
4. d) Do not place “off-topic” messages within discussions
5. e) Do not bother people with irrelevant matters
6. f) Do not advertise for any products or services
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11. Information from third parties
11.1 The Products may contain information from third parties or refer thereto, including but not restricted to information created by Users, advertisements, banners and website links (hereafter: “Information from Third Parties”).
11.2 Information from Third Parties generally is and cannot be previously checked by Team Rock LLC, which means that we cannot guarantee the quality and validity thereof. Team Rock LLC is not responsible or liable for Information from Third Parties, nor for the possible direct or indirect damage which may result from it.
11.3 Third parties may connect to Team Rock LLC via the API and obtain access to publicly available data contained within the Products, including possibly personal user data which has been published on the Products with their permission. Besides, that third parties can obtain access to public and closed personal data via the API, when a user explicitly gives permission for it. The Terms of use from Team Rock LLC do in principal not apply to applications from third parties. These third parties may use different General Terms and Conditions. Team Rock LLC will do everything in its power to maintain its terms of use and the protection of our Users.
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12. Unlawful information
12.1 After a report Team Rock LLC will investigate the presence of unlawful information in one or more of the Products within a reasonable time and will take action against it if possible. Any unlawful communication should be reported directly via e-mail, as well as following up with a phone call.
12.2 This report should, in any case, contain the following information:
1. a) the URL where the alleged unlawful information can be found.
2. b) your explicit statement that the material is unlawful and why.
3. c) in case it is a case of infringement of rights of intellectual property, you need to substantiate that you are the rightful owner of said rights, and to which extent the information infringes said rights.
4. d) in case you represent someone else, an authorization that allows you to act on behalf of the rightful claimant, signed by the rightful claimant.
5. e) Your name, email address, address, and or phone number so that Team Rock LLC can contact you.
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13.Products
13.1 All listed prices are conditional and may be adjusted prior to any sale or purchase from User.
13.2 Termination of periodical subscriptions cannot take effect before the end of the period that has been agreed upon.
13.3 Payment is due once the agreement is in place unless otherwise agreed upon.
13.4 The Products shall be delivered as soon as possible or within the agreed period after payment. Team Rock LLC accepts no liability for any damage, in case the delivery takes place after the agreed period.
13.5 If Users incur an injury and are unable to perform any physical activity because of the injury, membership may be paused if Users provide a note by a “Licensed Medical Profession”, on their letterhead, advising Users to not participate in any physical activity because of said injury. Users also understand they need to fulfill their agreed period for Products once able to return. For example: If Users are injured for 3 months, the agreement will extend for 3 months once Users return. Injury is not cause for early termination unless a Physicians note clearly states the injury will permanently prevent Users from ever performing this kind of physical activity again.
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14. Modifications to the Products
14.1 Team Rock LLC explicitly reserves the right at any time to modify, stop or change a part of, or the whole of one or more of the Products, for a determined period or always, without prior notification or after to the Party, whether it concerns paid or unpaid Products.
14.2 This may also result in non-accessibility or loss of a part of the whole of the Shared Information, including the Shared Information of the Party. Team Rock LLC cannot be held liable for any direct or indirect damage resulting thereof.
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15. Modification of the General Terms and Conditions
15.1 Team Rock LLC reserves the right to change the Terms of use at any time. After such a modification the changed Terms of use will be offered for inspection.
15.2 By using the Products of Team Rock LLC after changes to the Terms of use the Party declares to agree to the new Terms of use.
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16. Conformity and exclusion of liability
16.1 The Products and the content thereof are delivered by Team Rock LLC as such, including potential defects.
16.2 Nor Team Rock LLC, nor her partners or suppliers gives any guarantee, explicit or implicit, regarding the functionality of the Products or any content thereof.
16.3 Team Rock LLC cannot and does not guarantee that the Products are available at any moment at any location, and that said availability occurs safely, or that any errors will be solved or that the Products are free from viruses or other potentially damaging software or parts.
16.4 The Party acknowledges that the Products may contain potential (hidden) defects and accepts the risks for any direct or indirect damage which may occur thereof. The Party cannot terminate an agreement based on non-compliance.
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17. Electronic signature
17.1 By using the Products the Party provides an electronic signature so that these Terms of use apply.
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18. Arbitration
18.1 (a) Any controversy or claim arising out of this Agreement or any alleged breach of this Agreement shall be resolved by means of binding arbitration before a single arbitrator in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association, including the Optional Rules for Emergency Measures of Protection. The arbitrator shall be a practicing attorney or retired judge with at least fifteen years of total working experience as such. The arbitration shall be held in TN or any other place agreed upon at the time by the parties. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitations. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages. An award of damages shall include pre-award interest at the rate of zero percent from the time of the act or acts giving rise to the award. (b) A party may apply to the arbitrator seeking injunctive relief until an arbitration award is rendered or the dispute is otherwise resolved. A party also may, without waiving any other remedy, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party pending the arbitrator’s appointment or decision on the merits of the dispute. If the arbitrator determines that a party has generally prevailed in the arbitration proceeding, then the arbitrator shall award to that party its reasonable out-of-pocket expenses related to the arbitration, including filing fees, arbitrator compensation, attorney’s fees, and legal costs. (c) The arbitrator shall issue a reasoned award. Judgment upon the arbitrator’s award may be entered in any court having jurisdiction. The arbitration proceedings and arbitrator’s award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors, and senior management and to family members of a party who is an individual. (d) The arbitrator shall require exchange by the parties of (i) the name and, if known, address and telephone number of each person likely to have knowledge of relevant information, identifying the subjects of the information, and (ii) non-privileged documents, including those in electronic form, that are relevant to the issues raised by any claim, defense or counterclaim or on which the producing party may rely in support of or in opposition to any claim, defense or counterclaim. The arbitrator shall limit such production based on considerations of unreasonable expense, duplication, and undue burden. These exchanges shall occur no later than a specified date within 60 days following the appointment of the arbitrator. At the request of a party, the arbitrator may at his or her discretion order the deposition of witnesses. Depositions shall be limited to a maximum of three depositions per party, each of a maximum of four hours duration unless the arbitrator otherwise determines. The arbitrator may allow such other discovery as he or she determines is reasonably necessary for a fair determination of the dispute. Any dispute or objections regarding discovery or the relevance of evidence shall be determined by the arbitrator. All discovery shall be completed within 120 days following the appointment of the arbitrator unless the arbitrator otherwise determines.
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19. Application and competence
19.1 These Terms of use replace all prior agreements or commitments unless these are explicitly agreed upon by an authorized director of Team Tock LLC.
19.2 One or more parts of these Terms of use may not apply in the applicable legal system. In such a case the remaining parts of this agreement remain valid between parties.
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20. Likeness
20.1 Users grant Team Rock LLC permission to use Users' likeness in photographs, live video, video recordings, electronic images or anything of the like in any and all of its marketing material, publications, including website entries, Products or anything of the like without payment or any other consideration. Users understand and agree that these materials will become the property of the organization and will not be returned. You hereby irrevocably authorize the organization to edit, alter, copy, exhibit, publish or distribute these images for purposes of publicizing the organization’s programs or for any other lawful purpose. In addition, Users waive the right to inspect or approve the finished product, including a written or electronic copy, wherein Users' likeness appears. Additionally, Users waive any right to royalties or other compensation arising or related to the use of my image. Users hereby hold harmless and release and forever discharge the organization from all claims, demands, and causes of action which Users, Users heirs, representatives, executors, administrators, or any other persons acting on Users behalf or on behalf of Users estate have or may have by reason of this authorization. For specific incidents, please contact us and we will make a sincere effort to comply with your request. Please understand we may not be able to comply with your request if Users' likeness has been woven in with a project that is past the point of removing likeness in question.
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21. Activity Waiver
21.1 Users voluntarily participate in an exercise, fitness, physical exertion, personal training, or anything of the like (hereafter: “Activity”) on or off-site conducted by Team Rock LLC and or anyone representing them. Users recognize that the activity requires physical exertion that may be strenuous at times and may cause physical, mental or emotional injury and Users are fully aware of the risks and hazards involved. Users understand that it is their responsibility to consult with a physician prior to regarding participation in the Activity. Users represent and warrant that they have no medical condition that would prevent them from participating in the Activity. Users agree to assume full responsibility for any risks, injuries or damage know or unknown which Users might incur as a result of participating in the Activity. Such injuries may include but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to the back, injuries to the foot, or any other illness or soreness, including death. Users knowingly, voluntarily and expressly waive any claim Users may have against Team Rock LLC or anyone representing them for injury or damages that Users may sustain as a result of participating in the Activity. Users, their heirs or representatives forever release waive, discharge, and covenant not to sue Team Rock LLC or any of their representatives for any injury or death caused by their negligence or other acts. Users have read the above waiver and release of liability and fully understand its contents in the Terms and Conditions. The use of the Products is only allowed if the Terms of use are agreed upon. Therefore, by using one or more Products and or participate in an Activity, the Party declares to agree with the Terms of use.
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