TERMS AND CONDITIONS

 

Welcome to www.gyrotonicfit.com, which is owned and operated by Strombaum LLC (“we,” “us,” or “our”). Strombaum includes all of its agents, consultants, affiliates, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with Strombaum.

By viewing www.gyrotonicfit.com or anything made available on or through it, including but not limited to programs, products, services, opt-in gifts, e-books, videos, webinars, blog posts, e-newsletters, consultations, testimonials, e-mails, social media and/or other communication (collectively referred to as “Website”), you are agreeing to accept all parts of this Terms of Service/Disclaimer. Thus, if you do not agree to the Disclaimer below, STOP now, and do not access or use this Website.

By visiting this Website and accessing the information, services, products, and tools we provide (collectively “Resources”), you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as “User Agreement”).

These Terms of Use (together with the Additional Terms set forth herein, “Terms”) set forth the terms and conditions applicable to and governing your access to and use of this website and applications designed for download and use on mobile, table, smart watch and other personal devices, and all features, functionalities, services and Website content made available through the website and applications (collectively, “Resources”) made available by Strombaum LLC (“Strombaum”) and its subsidiaries. By using the Resources, and the features and services made available through the Resources, you are acknowledging that you have read, understand and agreed to these Terms and expressly agree that they form a binding contract between you and Strombaum.

These terms were last updated Sept 19, 2017.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

Subject to your compliance with these Terms, Strombaum gives you the limited, non-exclusive, non-transferable, and revocable right to access and use the Resources solely for your personal and non-commercial use. Wherein, you understand and agree that:

  1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  2. You are solely responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources.
  3. You agree not to use the Resources or Website content or any portion thereof for any commercial use or for the benefit of any other person or entity, including without limitation by selling, renting, leasing, assigning, transferring, hosting, or otherwise commercially exploiting any of the Resources or Website content or any portion thereof.
  4. You are strictly prohibited from copying, streaming, duplicating, reproducing, selling, trading, storing (other than standard browser caching), downloading, publishing, modifying, making derivative works of, reverse engineering, translating, or distributing any or portion thereof by any means, other than as expressly allowed by these Terms or as otherwise clearly contemplated by the features and functionalities of the Resources or the Website – for example, by sharing Website content through a social media “share” feature.
  5. You are strictly prohibited from removing, altering, bypassing, avoiding or circumventing any copyright, trademark or other proprietary notice, digital rights management mechanisms or other content protection measures included in or associated with the Resources or any Website content.
  6. The Resources are intended for use by adults who reside in the United States, or those adults outside of the United States who, by using the Resources, consent to use of the Resources in accordance with United States laws, these Terms. If you choose to access the Resources from locations outside of the United States, you do so on your own initiative and at your own risk. By using or attempting to use the Resources, you are representing to Strombaum that you meet the foregoing eligibility requirements and have the legal capacity to enter into and be bound by these Terms.
  7.  You are solely responsible for any charges incurred in obtaining access to the Resources, including without limitation charges from your Internet service provider and/or wireless carrier. While you may be able to purchase certain goods or services through the Resources, the Resources themselves are currently provided for free. Strombaum reserves the right to change the nature of this relationship at any time, without prior notice or liability to you.
  8. You acknowledge that you are participating voluntarily in using our Website and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from my Website to your life, family or business.
  9. 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.

 

Intellectual Property

As between you and Strombaum, LLC, Strombaum owns the Website content displayed or made available on or through, or otherwise included in, the Resources, including without limitation all text, video clips, audio clips, graphics, trademarks, service marks, trade names, logos, icons, images, data, information, code and software, regardless of whether registered or unregistered, and any combinations and compilations thereof (collectively, “Property”). The Resources and Content, including the selection, coordination, arrangement and enhancement of Content and the design, layout and “look and feel” of Resources, constitute valuable intellectual property of Strombaum, and are protected by applicable copyright, trademark and other applicable intellectual property rights and laws.

The Resources and Website content are licensed, not sold, to you, and your limited rights to access and use the Resources and Website content are conditioned upon your compliance with these Terms. No act of downloading or copying from, or otherwise using, the Website content, even with Strombaum’s permission, will transfer any title, interest or right in or to any of the Resources and Website content to you. Strombaum hereby expressly reserves all rights not expressly granted in and to the Resources and Website content.

Availability

Strombaum has no obligation to maintain the Resources, in whole or in part, nor does it have any obligation to provide you with any related maintenance or support services. Strombaum reserves the right to render the Resources, in whole or in part, temporarily or permanently unavailable or to otherwise terminate, suspend access to, replace, or modify the Resources or any portion thereof, at any time and for any or no reason, without prior notice or liability to you. Any Content or other information made available on or through the Resources is also subject to change at any time and without prior notice or liability to you.

For Educational and Informational Purposes Only

The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use.

Not Medical, Mental Health Advice

The information provided in or through this Website pertaining to your health or wellness, exercise, relationships, business/career choices, finances or any other aspect of your life is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. You agree and acknowledge that I am not providing medical advice, mental health advice in any way. Always seek the advice of your own Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about your specific health or any medications, herbs or supplements you are currently taking and before implementing any recommendations or suggestions from our Website. Do not disregard medical advice or delay seeking medical advice because of information you have read on this Website. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly. The information contained on this Website has not been evaluated by the Food and Drug Administration.   

Not Legal or Financial Advice

The information contained in this Website is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although information on this website may pertain to business development, or life coaching related to money mindset, I cannot be held responsible for any errors or omissions, and I accept no liability whatsoever for any loss or damage you may incur. Always seek financial and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have, or may have in the future. You agree that the information on our Website is not legal or financial advice.

Privacy

Your use of www.gyrotonicfit.com is subject to Gyrotonic Fit’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Children Under Thirteen

Gyrotonic Fit does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.gyrotonicfit.com only with permission of a parent or guardian.

Cancellation/Refund Policy

We have a 24 hour cancellation policy on all of our services. If you do not cancel or reschedule your session at least 24 hours before your scheduled time, you will be charged for the full cost of your session. All services that have been used are non-refundable.

Links to Third Party Sites/Third Party Services

www.gyrotonicfit.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Gyrotonic Fit and Gyrotonic Fit is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Gyrotonic Fit is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gyrotonic Fit of the site or any association with its operators.

Certain services made available via www.gyrotonicfit.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.gyrotonicfit.com domain, you hereby acknowledge and consent that Gyrotonic Fit may share such information and data with any third party with whom Gyrotonic Fit has a contractual relationship to provide the requested product, service or functionality on behalf of www.gyrotonicfit.com users and customers.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Gyrotonic Fit has no obligation to monitor the Communication Services. However, Gyrotonic Fit reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Gyrotonic Fit reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Gyrotonic Fit reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Gyrotonic Fit’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Gyrotonic Fit does not control or endorse the content, messages or information found in any Communication Service and, therefore, Gyrotonic Fit specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Gyrotonic Fit spokespersons, and their views do not necessarily reflect those of Gyrotonic Fit.

Materials Provided to www.gyrotonicfit.com or Posted on Any Gyrotonic Fit Web Page

Gyrotonic Fit does not claim ownership of the materials you provide to www.gyrotonicfit.com (including feedback and suggestions) or post, upload, input or submit to any Gyrotonic Fit Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Gyrotonic Fit, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Gyrotonic Fit is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Gyrotonic Fit’s sole discretion.

 

International Users

The Service is controlled, operated and administered by Strombaum LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Strombaum LLC Content accessed through www.gyrotonicfit.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Strombaum LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  Strombaum LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Strombaum LLC in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Changes to Terms

Strombaum LLC reserves the right, in its sole discretion, to change the Terms under which www.gyrotonicfit.com is offered. The most current version of the Terms will supersede all previous versions. Strombaum LLC encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Gyrotonic Fit welcomes your questions or comments regarding the Terms:

Strombaum LLC

2531 Briarcliff Rd Suite 209, Atlanta, Georgia 30329

Email Address: gyrotonicfit@gmail.com

Telephone number: 404-827-8766

 

Effective as of July 20, 2017

 

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