Welcome to Homegroanfitness.com, a service of Home Groan Fitness, Inc.. You must agree to the following terms of use in order to proceed and purchase a membership, online fitness consultation or product on this website. Please review the following terms carefully, as they govern the relationship between you and homegroanfitness.com. If you do not agree to these terms, you may not do business with this website, and you should not continue through the purchase process.
I fully understand and acknowledge that recreational and fitness activities have (a) inherent risks, dangers, and hazards and such exists in my use of any equipment, fitness videos and my participation in these activities; (b) my participation in such activities and/or use of such equipment and fitness videos may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that, could cause serious disability; (c) these risks and dangers may be caused by the negligence of the representatives, employees, or volunteers of Home Groan Fitness, Inc., the negligence of the participants, the negligence of others, accidents, breaches of contract, or other causes; (d) by my participation in these activities and for use of equipment and fitness videos, I hereby assume all risks and dangers and all responsibility for any losses and/or damages whether caused in whole or in part by the negligence or the conduct of the representatives, employees, or volunteers of Home Groan Fitness, Inc., or by any other person. Before following any of the homegroanfitness.com information or recommendations from our website or our trainers/instructors, you agree to consult with your physician and get a physical examination from your physician, especially if you are considered to be at risk for potential problems resulting from an exercise program and/or making changes to your diet.
I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Home Groan Fitness, Inc. and its representatives, employees, and volunteers from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of any equipment and fitness videos or participation in these activities. I specifically understand that I am releasing, discharging, and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the representatives, employees, and volunteers of Home Groan Fitness, Inc.
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Membership Agreement: Those who become homegroanfitness.com members will create a user name and password that provides full access to all of the information presented within the homegroanfitness.com website. Only registered Home Groan Fitness members have permission to view and print any and all of the information provided within the homegroanfitness.com website. Members, or anyone otherwise, may not loan, rent, lease, share, or otherwise transfer the information to another person without the written permission of homegroanfitness.com.
The homegroanfitness.com membership user name and password is strictly confidential and can only be known and used by the registered member. Anyone who shares or reveals their membership user name or password, or any of the information presented within the homegroanfitness.com website without specific written permission from homegroanfitness.com, is violating the conditions of this agreement with homegroanfitness.com. This will result in automatic termination of membership and violators may be subject to a contract violation fee and/or criminal charges.
You agree that homegroanfitness.com may, at its option, use your likeness, success story, and quotations in its advertising, marketing, and website materials without your prior approval or consent. Your last name will not be used in any of the aforementioned materials.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of homegroanfitness.com. The collective work includes works that are licensed to homegroanfitness.com. Copyright 2007, homegroanfitness.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with homegroanfitness.com or purchasing homegroanfitness.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with homegroanfitness.com or to purchase homegroanfitness.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by homegroanfitness.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of homegroanfitness.com used in the site are trademarks or registered trademarks of homegroanfitness.com.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, homegroanfitness.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Homegroanfitness.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Homegroanfitness.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Homegroanfitness.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if homegroanfitness.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a homegroanfitness.com product is mistakenly listed at an incorrect price, homegroanfitness.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Homegroanfitness.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, homegroanfitness.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by homegroanfitness.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Homegroanfitness.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to homegroanfitness.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Maryland, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of homegroanfitness.com products/services) shall be in the state or federal courts located in Baltimore County, Maryland. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of cathe.com products) must be commenced within one (1) year after the claim or cause of action arises. Homegroanfitness.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Homegroanfitness.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a homegroanfitness.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Homegroanfitness.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, homegroanfitness.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, homegroanfitness.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to homegroanfitness.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless homegroanfitness.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, homegroanfitness.com may link to sites operated by third parties. However, even if the third party is affiliated with homegroanfitness.com, homegroanfitness.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of homegroanfitness.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, homegroanfitness.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Refund Policy: Due to the nature of services provided by homegroanfitness.com, there is no refund for services unused. Unopened DVDs may be returned at your expense using proof of delivery such as return receipt requested.
