Terms of Service
Date of last effective update is the 3rd of January, 2016.
“You“, “your”, and/or “yourself” shall refer to you, as a user of the Site. “We“, “us,” and “our” shall refer to Octane Fit and/or its parent, subsidiaries, assignees, successors, affiliates and/or brands.
You acknowledge and agree that, through the access and use of our Site and/or products and services (the “Services”); you have read, understand and agree to be bound by these Terms, whether or not you have registered into the Site. If you do not agree to these terms, please exit our Site and stop using any of our Services.
Octane Fit is a company that provides its users with a web platform where they can engage with third party contractors (the “Trainers”), who are professional trainers and instructors, in order to learn about nutrition plans and strength programs, practice and techniques thereof, with training, coaching, interaction, assessment and other functionalities made available. Octane Fit constantly innovates in order to provide you the best possible user experience.
Octane Fit seriously undertakes the protection of the rights of minors and underage persons, and thereby encourages parents, legal guardians and responsible adults to be actively involved in the safe use of nutrition plans and strength programs by their minors. Through the use and/or simple access to the Site, you hereby represent and warrant that you are at least thirteen (13) years of age, or older, as of the date of first access to our Site and, if you are still a minor (this will vary upon the jurisdiction where you reside), are therefore using the Site under the direct supervision of your parent, legal guardian or responsible adult. Please, tell your parent or guardian or any adult to read these Terms with you.
- Changes, Updates.
By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. We hereby reserve the right to update, modify, discontinue or terminate the Site, the Terms and the Policy, at our sole discretion. Any changes to these Terms may be displayed in the Site, and we may also notify you by email. You understand and agree that the Services which we provide may be subject to changes without prior notice to you, at Octane Fit’s sole and final discretion.
You must obtain, at your own expense, all equipment and services needed to access our Services, including but not limiting to, a webcam, high-speed Internet access, microphone, suitable clothing and training accessories. Also, all interactive training and coaching services from Octane Fit will be delivered online through our platform, and paid through PayPal and/or any other third party payment processing company, not through our Site.
You agree not to, and will not undertake, motivate, or facilitate the use or access of the Site to:
- Plagiarize or infringe the intellectual property rights of a third party;
- Use any automated process to access or use our services or any process, whether automated or manual, to capture data or content from any of our services for any reason;
- Send any other unsolicited bulk communication to any of our users or to any third party;
- Disrupt the normal flow of dialogue and/or exchange on the Site;
- Help, motivate, or enable others to infringe the Terms and/or the Policy;
- Upload, post or otherwise disseminate any Content that infringes any intellectual property right, including patent, trademark, trade secret, copyright or other proprietary rights of any third party, or in any way exploit the Site other than as specifically sanctioned by Octane Fit;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
- Engage in an activity that is harmful to Octane Fit or our clients, advertisers, affiliates or vendors;
- Copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site or any part thereof.
- Third parties.
- License and rights.
You hereby grant Octane Fit an unlimited, non-exclusive, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories in the world, fully sub-licensable right and license to Octane Fit and/or its licensors, partners, sponsors, affiliates and/or agents, to use, reproduce, translate, modify, adapt, create derivative works from, distribute, publish and display any content you may upload, disseminate, deliver, create or transfer throughout the Site. You hereby represent and warrant to Octane Fit that you have all the rights, licenses, authorizations and authority necessary to grant the above mentioned license.
Octane Fit hereby grants you a personal, limited, revocable, worldwide, royalty-free, non-assignable, non-sub licensable and non-exclusive right to use the Services and/or software provided to you by Octane Fit through the Site. This right is for the sole purpose of enabling you to use and receive the services of the Site, only as provided for in these Terms, and subject to your compliance thereof.
- DCMA Notice.
If you believe that any content or other material provided through the Site allegedly infringes the copyright of you or of a third party, please notify us of your claim to firstname.lastname@example.org (subject: “Takedown Request”). Octane Fit may then remove any content if it believes or has reason to believe such content infringes on another’s copyright, without prior notice and at any time and at its sole discretion.
The notification must be in writing and must contain the following information, at the least: (i) a signature and identification of the copyright owner or the person authorized to act; (ii) a description of the copyrighted work that allegedly has been infringed; (iii) contact information, such as your address or email address (for us to deliver our response to you); and (iv) a statement indicating that the information provided in the notice is true and accurate.
All content included within the Site, such as graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress the property of Octane Fit and protected by U.S.A. and international copyright laws. As between you and us, you own your content and we own our content, including but not limited to visual interfaces, interactive features, graphics and design or the Site and other products, software, aggregate user review ratings, feedback and all other elements and components of the Site, excluding your content. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of our content, in whole or in part, except as expressly authorized by us.
You hereby agree to indemnify, defend and hold harmless Octane Fit and/or its successors, affiliates and successors, and its and their managers, employees, agents or other officers, from and against any and all claims, actions, liabilities, demands, losses, causes of action, procedures, orders, damages, costs and expenses (including any reasonable attorney’s fees and expert witnesses therefrom) of any type of nature, incurred by Octane Fit and/or its successors, affiliates and successors, and its and their managers, employees, agents or other officers, arising out of or relating to your use of the Site, your breach of this Terms or the Policy, or your infringement of any rights of any third party.
- Disclaimer of Warranties and Limitations on Liability.
By accessing or using the site, you represent and warrant that you have read, understood, and agreed to be bound by and under these terms. We supply our Services “as is,” “with all faults,” and “as available”, including all content, software, materials, services, functions, and/or information made available through. Accordingly, Octane Fit is not liable to you for any loss or damage that might arise therefrom and Octane Fit hereby disclaims any express or implied warranties, including warranties as to the products or services offered by third parties listed on the Site, non-infringement, merchantability, and fitness for a particular purpose. The use on your part of the products and/or services provided through the site is at your own and final discretion. No oral or written information or advice provided to you by Octane Fit shall create a representation or warranty of any kind.
We shall not be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages arising from your use of the Site, or regarding hyperlinks to third party websites, or for any security breach associated with the transmission of personal data through the site or any other website, for loss of profits, loss of goodwill, products or Services obtained through the Site, or otherwise arising out of the use of such, whether based on contract, tort, strict liability or other legal theory, even if Octane Fit has been advised of the possibility of damages and even if such damages result from our negligence or gross negligence.
The content on Octane Fit is not a substitute for direct, personal, professional medical care and diagnosis. None of the nutrition plans or strength programs from Octane Fit should be performed or otherwise used without previous clearance from your physician or health care provider. The information contained within the Site website is not intended to provide specific physical or mental health advice, nor the practice of the medical, pharmaceutical and/or the infirmary professions or any other medical advice whatsoever, for any individual or company and should not be relied upon in that regard. Neither Octane Fit Garage nor the Trainers are medical professionals, their advice (if any) is not meant as a substitute for medical advice, and nothing on this website should be misconstrued to mean otherwise.
YOU MUST CONSULT YOUR DOCTOR BEFORE BEGINNING ANY NUTRITION PLAN OR STRENGTH PROGRAM, NO EXCEPTIONS. IF YOU DO NOT CONSULT WITH A HEALTHCARE PROFESSIONAL BEFOREHAND, DO NOT USE OUR SERVICES.
There may be risks associated with participating in activities mentioned on the Octane Fit Garage platform, or by trainers affiliated with Octane Fit Garage for people in poor health or with pre-existing physical or mental health conditions. Due to the existence of these risks, you should not participate in any nutrition plans available at the Site or offered by the Trainers if you are in poor health or have a pre-existing mental or physical health conditions. Neither Octane Fit Garage nor the Trainers are responsible for any injuries or health problems you may experience, or even death, as a result of using any of the aforementioned plans, programs, workouts or services offered by Octane Fit. If you choose to participate in the aforementioned strength, training and/or nutrition plans and programs, you do so of your own free will and accord, knowingly and voluntarily accepting all risks associated with such dietary activities. Accordingly, you hereby acknowledge and agree that neither Octane Fit nor the Trainers have any obligation to review your mental and/physical health and/or status. These risks may also exist for those who are apparently in good health.
Some states do not allow us to limit our liability for consequential or incidental damages or exclude certain warranties. In those states, our liability and warranties shall be limited to the fullest extent permitted by applicable law.
Octane Fit’s maximum cumulative liability to you for losses or damages arising in connection with your access of the Site under these Terms shall be limited to: (i) the amount paid, if any, by you to us and/or a Trainer related to the Site during the 12 months prior to the action giving rise to such liability; or (ii) USD$100 (One Hundred United States Dollars), whichever results inferior.
- Forum, Governing Law.
Any dispute arising from the use of the Site or the interpretation of the Terms shall be governed by the laws of the State of Arizona, United States of America, without regard to its conflict of law provisions, which will govern these Terms, as well as any claim, dispute and/or cause of action that might arise between you and Octane Fit, without regard to conflict of law to principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Phoenix, State of Arizona, United States of America. All communications regarding legal matters must be made in writing to: 6689 S Cartier Drive Gilbert, Arizona 85298.
The failure of Octane Fit to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
We will not be liable for failing to perform under these Terms because of any event beyond our reasonable control, including, without limitation, interruption of Internet service, fire, terrorism, natural disaster, Acts of God or war.
Any notices or other communications required hereunder, including those regarding modifications to these Terms, will be in writing and delivered by email (the address you provided) or by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
You may not assign or transfer these Terms, by operation of law or otherwise, without Octane Fit’s prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one year after such claim or cause of action arose or be forever barred.