WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING AND BROWSING THIS WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE FOLLOWING TERMS AND CONDITIONS OF USE AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS. IF YOU DO NOT AGREE, PLEASE DISCONTINUE YOUR USE OF THIS WEBSITE IMMEDIATELY.
Modification of Terms
Adventure212.com (“Adventure 212 Fitness, LLC”) may, at any time and without notice, amend these terms and conditions (the “Terms”), or may limit or deny access to, or change the content of, this website. You should periodically visit this page to review the then current Terms. By using this website, you are agreeing to be bound by the then current version of these Terms. These Terms are applicable to all pages, content, functionality, parts, and services offered on or through the Adventure 212 Fitness, LLC website. This website is offered and available to users who are 18 years of age or older and who reside in the United States or any of its territories or possessions. By using this website, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the website.
Accessing the Website and Account Security
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
Restricted Use and Copyrights
All photographs, audio clips, sounds, video clips, picture images, graphics, internal links, website architecture, format, layout, and data structures, and all other material contained on and forming part of this website are copyrighted unless otherwise noted and may not be used in any manner, except as provided in these Terms or in the website text, without Adventure 212 Fitness, LLC prior written permission. Images of people or places are either property of, or used with permission by, Adventure 212 Fitness, LLC. Any unauthorized use of these materials may violate copyright, trademark, and privacy laws, other applicable statutes or proprietary rights. You may browse this website and download or print a copy of material displayed on the website for your personal, non-commercial, transitory use only and not for redistribution or other publication, unless consented to in writing in advance by Adventure 212 Fitness, LLC. Your rights in respect of this website and the materials hereon shall automatically terminate upon your breach of any of these Terms. Material from this website or from any other website owned, operated, licensed, or controlled by Adventure 212 Fitness, LLC may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way except in compliance with these Terms. Modification of the materials or use of the materials for any purpose other than as aforesaid is a violation of the copyright and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited. You must not access or use for any commercial purposes any part of the website or any services or materials available through the website.
All trade names, slogans, and other branding marks on this website are trademarks of, or used with permission by, Adventure 212 Fitness, LLC, and the distinctive shapes and visual characteristics of Adventure 212 Fitness, LLC trademarks are trade dress of Adventure 212 Fitness, LLC and are protected by United States, Canada, and international laws. You are prohibited from using any of the marks appearing on this website without the express prior written consent of Adventure 212 Fitness, LLC, except as permitted by applicable laws. Other marks and logos shown on this website may be marks owned by third parties not affiliated with Adventure 212 Fitness, LLC and are used with permission. Nothing shown on this website should be construed as granting, by implication or otherwise, any permission, license, or right to use any trademark, service mark, or trade name displayed on this website without the written permission of Adventure 212 Fitness, LLC or the third-party owner. The use of any Adventure 212 Fitness, LLC logo or mark, whether registered or unregistered, as a hyperlink to this website or any other Adventure 212 Fitness, LLC website is strictly prohibited unless consented to in writing in advance by Adventure 212 Fitness, LLC.
All data contained on this website relating to third-party products or services should be verified with the party supplying the product or service. Adventure 212 Fitness, LLC may at any time without notice amend the data displayed on the website. While Adventure 212 Fitness, LLC endeavors to periodically update posted information, not all information may be current, and Adventure 212 Fitness, LLC does not guarantee or make any representation or warranty with respect to the accuracy or reliability of such data. Information on this website is subject to change without notice.
THIS WEBSITE IS PROVIDED AS A CONVENIENCE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ADVENTURE 212 FITNESS, LLC DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO THIS WEBSITE OR ANY PART THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER(S) HOSTING THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND ADVENTURE 212 FITNESS, LLC ASSUMES NO RESPONSIBILITY AND/OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF OR ARISING OUT OF YOUR USE OF OR ACCESS TO THIS WEBSITE. ADVENTURE 212 FITNESS, LLC MAKES NO REPRESENTATION THAT MATERIALS IN THIS WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS.
ADVENTURE 212 FITNESS, LLC HEREBY MAKES NO WARRANTY OF ANY KIND AND DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY OF ANY KIND IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THE SITE PAGES. ADVENTURE 212 FITNESS, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, REVENUES, OR DATA, OR LOSSES FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR OTHER WEBSITES, EVEN IF ADVENTURE 212 FITNESS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, OR OTHERWISE.
Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Adventure 212 Fitness, LLC liability in any case shall, however, be limited to the greatest extent permitted by law.
Adventure 212 Fitness, LLC may include links to other websites on the internet that are owned or operated by third parties (the “Linked Sites”). When navigating to Linked Sites from this website, you do so at your own risk. You should review and determine whether you understand and agree to the terms and conditions of use of a Linked Site before using it. Adventure 212 Fitness, LLC does not control these sites and assumes no responsibility for their content or accuracy. A link on this website to a Linked Site does not imply that Adventure 212 Fitness, LLC endorses or approves such website, any of the content thereof, or the products or services described thereon.
You may link to our website with our written consent, provided you do so in a way that is fair and legal and does not damage our reputation.
Submissions & Content Standards
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
You acknowledge that Adventure 212 Fitness, LLC will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose any information relating to anyone communicating any such materials.
You may use the website only for lawful purposes and in accordance with these Terms. You agree not to use the website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards noted above.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Adventure 212 Fitness, LLC, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm the Adventure 212 Fitness, LLC or users of the website or expose them to liability.
Additionally, you agree not to:
- Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website.
- Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website.
- Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the website is stored, or any server, computer, or database connected to the website.
- Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the website.
We provide this website for use only by persons located in the United States. We make no claims that the website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You agree to defend, indemnify, and hold harmless the Adventure 212 Fitness, LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the website, including, but not limited to, your user submissions, any use of the website’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the website.
The agreement arising from your acceptance of these Terms (which arises by you accessing and browsing this website) shall be treated as though it were executed and performed in Wisconsin. Any claim relating to this website shall be governed by the laws of the State of Wisconsin (and the federal laws of the United States applicable therein) without giving effect to any choice or conflict of law provision or rule that would cause the laws of any other jurisdiction to apply. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remainder of these Terms and shall not affect the validity and enforceability of any remaining provisions.
Any action you, any third party, or Adventure 212 Fitness, LLC may bring to enforce these Terms or in connection with any matters related to this website shall be brought only in the courts of the State of Wisconsin, and you expressly consent and attorn to the jurisdiction of said courts. You expressly consent to extra-territorial service of process relating to any claim arising out of or in connection with these Terms.
Adventure 212 Fitness, LLC may collect personal identification information from you in a variety of ways, including but not limited to, when you visit the Adventure 212 Fitness, LLC’s website, fill out a form, and in connection with other activities, services, features or resources Adventure 212 Fitness, LLC makes available on Adventure 212 Fitness, LLC’s website. Adventure 212 Fitness, LLC will collect personal identification information from you, only if you voluntarily submit such information to Adventure 212 Fitness, LLC. You can always refuse to supply personally identification information, except that it may prevent you from using certain features of the website.
Adventure 212 Fitness, LLC may collect non-personal identification information about you when you interact with Adventure 212 Fitness, LLC’s website. Non-personal identification information may include the browser name, the type of computer you use, and technical information about the means by which you connect to Adventure 212 Fitness, LLC’s website, such as your computer’s operating system, the internet service provider you use, and other similar information.
Adventure 212 Fitness, LLC may collect and use your personal information for the following purposes:
- to improve customer service
- to help Adventure 212 Fitness, LLC respond to your requests and needs more efficiently
- to personalize user experience
Adventure 212 Fitness, LLC uses appropriate data collection, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information and data stored on Adventure 212 Fitness, LLC’s website server(s).
Adventure 212 Fitness, LLC does not sell, trade, or rent your personal identification information to others. Adventure 212 Fitness, LLC may share generic aggregated demographic information (not linked to any personal identification information regarding visitors and users) with Adventure 212 Fitness, LLC’s business partners, trusted associates, and advertisers for the purposes outlined above.