TERMS & CONDITIONS
The following terms and conditions of use (the “Terms of Use”) govern your use of www.pwrhousestudio.com (the “Site”) which is made available by PWR House Fitness Studio llc. (“we”, “us” or “our”). By using the Site, you accept and agree to these Terms of Use governing your use of the Site. If you do not agree to these Terms of Use, you may not use the Site. We may change the Terms of Use from time to time, and at any time without notice to you, by posting such changes on the Site. By using the Site following any modifications to the Terms of Use, you agree to be bound by any such modifications to the Terms of Use. In addition, please be advised that information collected on this Site may be used to populate the program application(s) that we use for our programs.
Our Service
On www.pwrhousestudio.com, we provide information and promotional materials for our fitness brand, including general industry news, as well as a designated area for you to contact us about our products and services.
Accessing Our Site
Currently, you must be at least eighteen (18) years of age or older and live in the United States in order to use the Site. If you are under the age of 18, you are hereby expressly notified that you are not permitted to provide any information through our Site, for any purpose, including seeking information about our fitness brand and opportunities. We are not responsible for monitoring or seeking verification of user qualification or age. However, if we discover that a user is accessing the Site in violation of these Terms of Use, we may immediately take action to terminate such access if possible. We are sorry for any inconvenience this may cause.
Exclusive Ownership Rights
We solely own and control all copyright and intellectual property rights on our Site or have received permission to use them from other third parties. We do not grant or imply any ownership of the Site to you. You may view the content on the Site on your personal computer or other internet devices, and make copies or prints of the content on the Site for your personal, non-commercial use only. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data, or materials on the Site. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trade names, trademarks, service marks or other marks or logos, or those of our partners, without our separate express written agreement. Third-party marks are the property of their respective owners.
Use of the Site
During your use of the Site, you may be asked to provide personal information or data to us in order to receive newsletters or other information about our products and services to assist you with your needs. Our information collection and use policies with respect to the privacy of personal information are set forth in the Site’s Privacy Policy which is incorporated herein by reference. Please read our Privacy Policy before submitting any personal information. You acknowledge and agree that you are solely responsible for the accuracy and content of all personal information and any other data you submit. We cannot be responsible for maintaining any information that you provide to us, and we may delete or destroy any such information at any time. Use of the Site for the any following purposes or activities is strictly prohibited: a) conducting or supporting illegal activity of any type whatsoever; b) transmitting or storing worms or viruses or any code of a destructive nature; c) threatening, harassing, abusing, impersonating, injuring or intimidating others; d) interfering with others’ use of the Site, unless such interference is for the purpose of complying with another section of these Terms of Use; e) delivering spam or collecting information to deliver spam, or sending unsolicited email advertisements; f) decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained in the Site; g) disguising the origin of anycontent transmitted through the Site or manipulating your presence on the Site; and/or h) causing the launch of any automated system(s) that accesses the Site in a manner that sends more request messages to servers of the Site in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
User Accounts
We may enable you to establish an account on the Site with a user name and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account on the Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Disclaimer of Warranties
All content, materials, and services provided on this Site, without limitation, are given on an “as is” and “as available” basis, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data processing services, uninterrupted access, or any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We hereby disclaim any and all such warranties, express and implied. We do not warrant that the Site or the services, content, functions, or materials contained therein will be timely or secure or continue uninterrupted or error-free or that defects will be corrected. We make no warranty that the Site will meet users’ requirements. If you should be dissatisfied with the Site, your sole remedy is to discontinue use. You should not rely on the Site to maintain any user data. You should retain all such data and information in your own records for use in the event that the Site fails or is unavailable, or the data or information is lost.
Limitation of Liability
To the fullest extent permissible under applicable law, in no event shall we or any of our directors, officers, or employees, or those of our agents, affiliates, or content or service providers (hereinafter associated entities) be liable for damages of any kind whatsoever including, but not limited to, direct, indirect, special, incidental, consequential, exemplary or punitive arising from, or directly or indirectly related to, your use of or inability to use this Site or its content, materials, and functions. Without limitation, no liability shall arise from any loss of revenue or anticipated profits or lost business or lost sales, even if we and/or our associated entities are advised of the possibility of such damages. Some jurisdictions do not allow the exclusions of certain implied warranties, so some of the above exclusions may not apply to you. In such case, the maximum liability of us shall not exceed the amount paid by you for access to this Site. In no event shall we or our associated entities be liable for any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Site.
Links from our Site
Our Site contains links to other third-party websites maintained and operated by persons and/or companies outside of PWR House Fitness Studio llc.. We provide these links for your assistance and information. The existence of a linked website does not constitute an endorsement by us of the website or its content, products, services, advertising, or other materials.
You understand and agree that we are not responsible or liable, directly or indirectly, for the availability or content of any linked website – or for any of the goods, services, or advertising available from these sites. right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court to be unlawful, void, or unenforceable, it shall not affect the validity and enforceability of any remaining provisions. We may modify these Terms of Use at any time, simply by updating and posting these Terms of Use on the Site and without notice to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms of Use must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Applicable Laws
We control and operate this Site from our offices in the United States of America. We are not licensed outside of the United States, and we are not soliciting business outside of the United States. We do not represent that materials on the Site are appropriate or available for use in other nations or other locations. Persons who choose to access this Site from other locations do so on their own initiative and are responsible for all aspects of compliance with local laws. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court to be unlawful, void or unenforceable, it shall not affect the validity and enforceability of any remaining provisions. We may modify these Terms of Use at any time, simply by updating and posting these Terms of Use on the Site and without notice to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms of Use must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
PRIVACY
Our Privacy Policy available at https://www.Pwrhousestudio.com/privacy describes the privacy practices of PWR House Fitness Studio. We encourage you to check this page from time to time to ensure you are happy with our current Privacy Policy.
HEALTH DISCLAIMERS
PWR House Fitness Studio is not a health care or medical provider. The Digital Properties and the features, functionalities, services and Content made available therein, including without limitation any advice, information, workouts, exercises, regimens, nutritional plans, recipes or other materials (collectively, the “Fitness Features”), are provided for general informational purposes only, and do not constitute medical advice. The Fitness Features are not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for a professional medical evaluation. We advise you to see your physician on a regular basis and to seek their advice prior to engaging in any fitness or nutrition regimen or if you have any questions or concerns regarding your health and fitness regimen or for the diagnosis of specific medical conditions.
PWR House Fitness Studio is not liable or responsible for any consequences of you having read, used or relied upon any Fitness Features. By using any Fitness Feature, you acknowledge and understand that it may involve or provide information regarding strength, flexibility, aerobic, cardio, meditation, regeneration or other exercises, all of which can be potentially hazardous activities. You should consult with your doctor prior to using any Fitness Feature. If you choose to use any Fitness Features, you should be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of using such Fitness Features, and you hereby assume all risks associated with using such Fitness Features. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS, OR DISCOMFORT, WHEN USING ANY FITNESS FEATURE, STOP AND CONSULT YOUR PHYSICIAN OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PWR House Fitness Studio MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE FITNESS FEATURES AND IS NOT RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON ANY SUCH FITNESS FEATURES. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO RELY ON AND/OR USE ANY FITNESS FEATURE IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PWR House Fitness Studio WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY AND DEATH, ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF ANY FITNESS FEATURE.
INDEMNIFICATION
You agree to defend, indemnify and hold the PWR House Fitness Studio Group harmless from and against any and all claims, liabilities, losses, damages, demands, complaints, actions, judgements, settlements, fines, penalties, costs and expenses (including without limitation reasonable attorneys’ fees), arising out of or in connection with: (1) your access to and/or use of the Digital Properties or any portion thereof; (2) your User Content, Feedback or Unsolicited Ideas, including without limitation any allegations of infringement; (3) your failure to comply with these Terms or with any applicable law, rule or regulation; (4) your infringement, misappropriation or violation of the Digital Properties or Content or of any third party’s intellectual property right; or (5) any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without authorization.
PWR House Fitness Studio will use reasonable efforts to notify you of any claim, action or proceeding subject to the foregoing paragraph once it becomes aware of it, but any failure to provide you with notice shall not limit your indemnification obligations unless you can establish actual prejudice resulted from such failure. PWR House Fitness Studio reserves the right, at your expense, to assume the exclusive defense and control of any claim, action or proceeding for which you are required to provide indemnification, and you agree to cooperate with our defense of these claims. You may not settle any claims, actions or proceedings for which you are required to provide indemnification, without PWR House Fitness Studio’s prior written consent.
COPYRIGHT INFRINGEMENT POLICY
PWR House Fitness Studio respects the intellectual property rights of others and expects you to do the same. Pursuant to the Digital Millennium Copyright Act (the “DMCA”), PWR House Fitness Studio reserves the right, but not the obligation, to terminate your license to use, or otherwise disable your account and access to the Digital Properties, in whole or in part, if we determines, in our sole and absolute discretion, that you are involved in infringing activity, including uploading, posting or sharing User Content that is infringing, regardless of whether you are a first-time or repeat infringer, and regardless of whether the material or activity is ultimately determined to be infringing. The foregoing processes does not limit our ability to pursue any other remedies we may have to address any suspected infringement or violation of these Terms.
If you believe that any User Content on the Digital Properties infringes your copyright, or the copyright of anyone on whose behalf you are authorized to act, you may submit a written complaint to our designated copyright agent at copyright@Pwrhousestudio.com. Your complaint must include all of the following information:
Identification of the copyrighted work(s) you claim is being infringed.
Identification of the material that you claim is infringing and the URL or other sufficient information for PWR House Fitness Studio to locate that material within the Site.
Your email address, telephone number and mailing address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in your written complaint is accurate and that, under penalty of perjury, you are the copyright owner authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
TERMINATION
You may terminate these Terms at any time by ceasing to access and use the Digital Properties and, where applicable, uninstalling the Digital Properties. Please understand, however, if you subsequently decide to resume accessing and using any of the Digital Properties, you will again be bound by the then-current Terms. We may terminate these Terms, or otherwise terminate, suspend or restrict your access to and use of the Digital Properties, in whole or in part, at any time and without prior notice or liability to you, for any reason, including without limitation your failure to comply with any portion of these Terms.
However, even after these Terms have been terminated, the sections titled “Arbitration Agreement and Class Action Waiver,” “Intellectual Property,” “User Content + Feedback,” “Privacy,” “Health Disclaimers,” “General Disclaimers,” “Limitations of Liability,” “Indemnification,” “Governing Law,” “General,” “Gift Card Terms and Conditions,” “Promotional Gift Card Terms and Conditions,” “Personal Training Terms and Conditions” and any other provision which by its nature is intended to survive, will survive that termination.
Governing Law
These terms and this arbitration agreement are governed by the laws of the State of New Jersey, without regard to its conflict of laws principles, except where the Federal Arbitration Act applies.
Contact Us
PWR House Fitness Studio’s corporate offices are located at 470 Broad ave. 2nd flr. Ridgefield, NJ 07657. If you have questions regarding these Terms, or our Digital Properties or our clubs, please contact us by visiting http://www.Pwrhousestudio.com. Your feedback is always welcome and appreciated.
Additional terms for PERSONAL TRAINING
The following terms and conditions (the “Additional Terms for Personal Training”) apply to all personal training sessions originally purchased at any participating PWR House Fitness Studio location or through any Digital Property (each, a “Session”). By using, accepting and/or retaining a Session, you agree to these Additional Terms for Personal Training. PWR House Fitness Studio reserves the right to change, amend or terminate the Additional Terms for Personal Training and/or its Personal Training offerings, in its sole discretion, at any time with or without notice or liability to you.
24 HOUR CANCELLATION POLICY
An PWR House Fitness Studio member that has made an appointment for a Session may cancel or change the time of the Session provided that a minimum of 24-hours’ prior notice is given. You can make these changes via the Personal Training tab in your account to the Digital Properties, or by contacting your trainer directly. Members will be charged for the full cost of the session on any late cancellations or no-show appointments.
PAYMENTS
Payment for Sessions is required to be made by the member on or before the date of the Session. If a member has no Session inventory, charges for late cancellations or no show appointments for Sessions will be charged to the member’s credit card on file with PWR House Fitness Studio under the membership agreement. In addition, charges for Sessions which are used by a member but not otherwise paid for will be charged to the member’s credit card on the day the Session is used.
DISCOUNTS
PWR House Fitness Studio may offer discounts on Sessions to members who purchase a package of Sessions. These discounts only apply to the number of Sessions purchased as a group. Any further or additional Sessions will be charged at the regular rate then in effect for individual Sessions.
REDEMPTION
You may obtain information on your balance of Sessions in the Personal training tab in your account to the Digital Properties or at any PWR House Fitness Studio Fitness Club. Sessions may not be redeemed for cash.
EXPIRATION POLICY
All sales are final. Session expire six months from the date of purchase.
Additional Terms of Use for On-Demand Video Services
PWR House Fitness Studio NJ offers on-demand workout videos accessible through our digital platform. By accessing these videos, you agree to the following:
Personal Use Only: You may stream content solely for your personal, non-commercial use. Sharing access or distributing content is strictly prohibited.
Subscription and Payment: Access to on-demand content may require a paid subscription. Terms and pricing are subject to change and will be communicated via our website.
Health Disclaimer: Always consult your physician before beginning any fitness program. Our on-demand content is not a substitute for professional medical advice or treatment.
Access Limitations: We may suspend or restrict access for maintenance, updates, or technical issues without notice.
Intellectual Property: All on-demand content is the exclusive property of PWR House Fitness Studio NJ. Unauthorized reproduction or use of our videos may result in legal action.
User Conduct: You may not record, download, or redistribute our on-demand workouts without express written permission.
Account Responsibility: You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.