Legal Policies

TERMS OF USE AND CONDITIONS AGREEMENT

UPDATED JULY 9, 2013

Calamity Gym LLC (the "Company") provides a web-based, interactive service that provides mobile fitness network providing various services including a proprietary online and mobile network of information and suite of interactive recorded and live video streaming services and software products for physical fitness, personal training, exercise, health and wellness, and nutritional information and instructional services and mobile applications ("Services") through its website, www.CalamityGym.com (the "Site"). This Terms of Use and Conditions Agreement ("Agreement") describes the policies and practices while you are using the Company’s Site.

THE INFORMATION AND MATERIALS POSTED BY THE COMPANY AND CONTAINED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. USERS ARE RESPONSIBLE FOR REGULARLY CHECKING OUR POLICIES, TERMS OF USE AND CONDITIONS AGREEMENT, PRIVACY POLICY AND ANY DISCLAIMERS ON THE SITE BEFORE USING AND WHILE USING THE SITE. ALL SUCH CHANGES ARE BINDING ON YOU 14 CALENDAR DAYS AFTER THEY ARE INITIALLY POSTED ON THE SITE UNLESS YOU ARE A NEW USER, IN WHICH CASE THEY ARE BINDING ON YOU IMMEDIATELY.

  1. Notice. The Site is owned and operated by Calamity Gym LLC, a Texas limited liability company. The Company has the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the content and software needed for access or use of the Site. By agreeing to use this Site and its Services, you understand and agree to all terms and conditions of this Agreement.
  2. Intended Use. This Site is intended for your benefit to become familiar with and use the services of the Company. By agreeing to use this Site, you understand and agree to the following:
    1. The Company does not accept any liability whatsoever for any harm that might result from any statements presented on the Site, including any medical information, physical exercise information and recommendations, health and wellness information, video or photography-related information, copyright ownership, political views, satires, sales information, and third-party advertisements posted on or viewable from the Site.
    2. Any statements by the Company, its employees, agents, affiliates, and members are provided for informational purposes only.
  3. Your Information and Materials Posted or Submitted on the Site.
    1. As a user of Site, you may generally have the ability to post or submit information, videos, photographs, feedback, comments and other materials to the Site. You are solely responsible for such information and grant the Company a perpetual, non-exclusive and royalty free license to use such material on the Site (the "License"). The Company is not responsible for verifying ownership of such materials and cannot represent the same to other users of the Site.
    2. You represent, warrant and covenant that (1) you own or otherwise possess all necessary rights with respect to material submitted to the Site, (2) the materials submitted to the Site does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, and (3) you hereby consent to the use of your likeness, and you have obtained the written consent, release and/or permission of every identifiable individual who appears in materials submitted to the Site to use such individual’s likeness, for purposes of using and otherwise exploiting the materials submitted to the Site in the manner contemplated by this Agreement (including the purposes of promoting the Services), or, if any such identifiable individual is under the age of 18 you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to the Company a copy of any such consents, releases and/or permissions upon the Company’s request). If you do submit materials to the Site that contain the likeness of an identifiable individual who is under the age of 18, we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such materials submitted to the Site.
    3. The Company will not be liable for any infringement of copyrighted material or other protected material submitted by or offered for sale by members of the Site. You are solely responsible for identifying, verifying, confirming, and maintaining any intellectual property submitted or offered for sale on the Site.
    4. As a user of this Site, you agree not to post or submit information, promotional materials, and other materials to the Site that are prohibited by us including, but not limited to those materials prohibited by this Agreement or listed in our Prohibited Content Policy. You understand and agree that the Company reserves the right, at its sole discretion, to determine whether any such material is prohibited by this Agreement.
    5. Any unauthorized use of the Site including but not limited to unauthorized entry into the Company’s computer system(s), unauthorized access to information contained on the Site and The Company’s computer system(s), misuse of passwords, posting or submission of infringing materials, or misuse of any information posted on the Site is strictly prohibited, will result in termination of membership, and may subject you to civil and criminal penalties.
  4. Our Services.
    1. Membership
    2. Company’s Monitoring Rights. You understand and agree that the Company has the right to monitor its Site for content, message, and user experience visually or electronically at any time and to disclose any information as necessary to satisfy the law or to protect itself and its customers, users, and subscribers. The Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this any Company policy including in response to copyright complaints made by third parties without providing prior notice to you. The Company also reserves the right to cancel, suspend or terminate, in its sole discretion, any membership accounts that are the subject of repeat complaints. You understand and agree that the Company, its Site, and its systems are not considered a “secure communications medium” and that you have no expectation of privacy.
    3. Inappropriate Material. The Company reserves the right to decide whether any content on its Site could be deemed as inappropriate material or in violation of our Prohibited Content Policy as posted on this Site and/or any of its related mobile applications. You understand and agree that under this Agreement any inappropriate material on its Site such as, for example, pornography or obscenity will be removed without prior notice by the Company in its sole discretion. The Company also reserves the right in its sole discretion to terminate any accounts of any repeat offenders of this or any other provision of this Agreement.
    4. Cancellation. Any fees that are past due for more than thirty (30) days are subject to account suspension or cancellation without notice by CGL. Customer understands and agrees that any fees paid by the Customer are nonrefundable even if the account is canceled.
    5. Data Retention Policy Upon Cancellation or Suspension of Accounts. . CGL will not be responsible and may delete Customer’s content, data, or materials on any cancelled or suspended accounts if the account is past due for over sixty (60) days.
    6. No Medical Advice. Customer agrees that CGL’s Services are not intended to provide medical advice. The Services and any content available on the Services are for informational purposes only and any content or information obtained through the Service should not be used during a medical emergency or for the diagnosis or treatment of any health or medical condition.
    7. The Company makes no predictions, endorsements, warranties, or guarantees, express or implied, about the truthfulness, accuracy, or quality of any statements, representations, opinions, medial information, health and wellness information, physical activity or exercise information, copyright information, photography-related information, and classified advertisements provided by, advertised by, or offered by any member, individual, company, service provider, or third party utilizing the Site or featured on the Site and assumes no liability related thereto.
    8. The Company is not responsible for verifying the authenticity or truthfulness of any material posted on or offered from the Site including such materials submitted by our users. The Company is also not responsible for verifying ownership of any copyright materials submitted or offered on the Site. Rather, each customer is responsible for verifying and ensuring that he or she has sufficient copyrights and other rights in all materials submitted to the Site.
  5. Privacy Policy. Please see our Privacy Policy to review how the Company uses information collected on the Site. By entering into this Agreement, you also agree to the Privacy Policy.
  6. Enforcement
    1. Limitations of Warranties and Remedies. TO THE FULL EXTENT ALLOWED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE AND USE OF THE SERVICES PROVIDED BY THE COMPANY. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, EVEN IF THE COMPANY HAS, OR SHOULD HAVE HAD, ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.
    2. Indemnification. You agree to defend, indemnify, and hold harmless the Company and its officers and employees (the "Company Parties") against any and all third party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the Company Parties may incur arising out of or resulting from your use of the Site, any sales of your materials/images made through or facilitated by the Site, any of your other activities on the Site, your use of any of the products and services of the Company, any materials submitted by you to the Site, or your breach of any representation or warranty contained in this Agreement or the Privacy Policy.
    3. Choice of Law and Venue.THIS AGREEMENT WILL BE CONSTRUED AND GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT APPLICATION OF CHOICE-OF-LAW PROVISIONS THAT WOULD REQUIRE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. BY ENTERING INTO THIS AGREEMENT, ALL PARTIES IRREVOCABLY SUBMIT THEMSELVES TO THE EXCLUSIVE VENUE AND PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS IN DALLAS COUNTY, TEXAS WITH REGARD TO ANY DISPUTE RELATING TO THIS AGREEMENT OR ITS ENFORCEMENT, OTHER THAN CLAIMS BROUGHT UNDER SECTIONS 7(D) AND/OR 7(E) OF THIS AGREEMENT BELOW. THE PARTIES ALSO HEREBY WAIVE ANY CHALLENGE TO VENUE AND PERSONAL JURISDICTION THEY MAY HAVE TO A LAWSUIT FILED IN A STATE OR FEDERAL COURT IN DALLAS COUNTY, TEXAS, REGARDING A DISPUTE BETWEEN THE PARTIES RELATING TO THIS AGREEMENT OR ITS ENFORCEMENT.
    4. Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
    5. Additional Provisions Regarding Liability. You and the Company agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
    6. Notices. Any notices or communication sent by you to the Company pursuant to this Agreement will be in writing and sent to the address specified herein or such other address as the Company may specify in writing.
      All notices must be sent via certified mail to:
      CALAMITY GYM LLC D/B/A CALAMITYGYM.COM
      ATTN: LEGAL DEPARTMENT
      1801 N. LAMAR STREET, SUITE 250
      DALLAS, TEXAS 75202
  7. Additional Information.
    1. Links. The site may contain links to other sites. However, please be aware that the Company is not responsible for and cannot control the terms of use and conditions of such other sites. We encourage you to be aware when you leave the Site and to read the terms of use of each and every website. This Agreement applies solely to this Site. We are not responsible for the content, accuracy, or opinions expressed in such other websites. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by us.
    2. Trademarks. The CALAMITY GYMSM, CALAMITYGYM.COMSM, TRUE SWEAT EQUITYSM and CGSM family of marks and logos are service marks, trademarks of the Company. All page headers, custom graphics, graphical user interfaces, webpage designs, video feeds, blogging and chat rooms, and button icons are service marks, trademarks, and/or trade dress of the Company. All rights are reserved. The Company is not responsible for any use of third-party marks by users on the Site.
    3. Copyrights. The Site contains copyrighted material and other proprietary information, including, without limitation, graphics, photography, promotional materials, and other materials. The contents of the Site are protected under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part without prior written permission. No copying, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of the copyright owner(s). Other than a License under Section 3(a) of this Agreement, the Company does not gain any intellectual property rights in materials you post to the Site without agreement by you.
    4. Ownership Disputes. The Company does not resolve intellectual property disputes between members or third parties. The Company has submitted an application with the U.S. Copyright Office to designate a "copyright agent" as required by the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA") and is currently seeking approval of the same. If you believe your work has been copied and posted on the Company’s Site in a way that constitutes copyright infringement, please send the Company’s designated agent for notification of claims of infringement (the "Copyright Agent") a notice properly describing the infringement as required by Paragraph 8(e) of this Agreement to:
      CALAMITY GYM LLC D/B/A CALAMITYGYM.COM
      ATTN: LEGAL DEPARTMENT
      1801 N. LAMAR STREET, SUITE 250
      DALLAS, TEXAS 75202
      Info@calamitygym.com
    5. Notice of Infringement Claims. The Company intends to strictly follow the requirements of the DMCA. Any notice of infringement must include a notification of the claimed infringement and the following: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing URL(s) of the claimed infringing material may be sufficient to satisfy this requirement); (iii) your contact information including your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty or perjury, that the information included in the Infringement Claim is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) your physical or electronic signature. If we remove your content based upon a notice alleging infringement of someone else’s copyright, we will notify you that your materials have been removed and provide you with an opportunity to provide us a counter-notice.
      The counter-notice must contain: (i) your name, address, phone number and physical or electronic signature; (ii) identification of your material and its location on the Site before removal; (iii) a statement under penalty of perjury that the material was removed by mistake or due to misidentification; and (iv) your express consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body. We will then promptly notify the claiming party of the your objection. If the claiming party does not bring a lawsuit in Federal district court within 14 days, we will restore your material to its location on the Site.
    6. Attorney’s Fees. You agree that the Company is entitled to its reasonable and necessary attorney’s fees if it is a prevailing party in litigation against you relating to this Agreement or your use of the Site.
    7. Representations and Warranties. You represent and warrant that: (1) you own the content posted by you on, through, or in connection with the Site, and (2) the posting of your content on, through, or in connection with the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of the content posted by you on or through the Site.
      BY USING THE SITE, YOU REPRESENT THAT YOU ARE NOT AN ATTORNEY OR AN AGENT OF AN ATTORNEY CONDUCTING AN INVESTIGATION OF A POTENTIAL CLAIM RELATED TO THE SITE, ANY MATERIALS AVAILABLE THROUGH THE SITE, OR THE COMPANY. YOU ALSO REPRESENT THAT YOU ARE NOT ENGAGING IN ACTIVITIES IN AN ATTEMPT TO REVERSE ENGINEER THE SITE, PORTIONS OF THE SITE, OR ANY MATERIALS AVAILABLE THROUGH THE SITE.
    8. Idea Submissions. The Company or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to the Company or any of its employees. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, you agree that: (1) your submissions and their contents will automatically become the property of the Company, without any compensation to you; (2) the Company may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for the Company to review the submission; and (4) there is no obligation to keep any submissions confidential.
    9. Contact Us. If you have any questions or suggestions regarding this Agreement, please contact us at Info@calamitygym.com