TERMS & CONDITIONS
These Terms & Conditions (“Terms”) govern your relationship with Becca Faria Fitness, LLC, including, but not limited to, your use of this website, your purchase of Becca Faria Fitness, LLC classes and events, your purchase of product, your communication with Becca Faria Fitness, LLC, and your use of and attendance at classes, events or any other activity of which Becca Faria Fitness, LLC is a provider. Your use of this website and any subsections constitutes your agreement to all such terms, conditions and notices. By visiting the website, you represent that you are at least 18 years old.
When you visit the website or send e-mail communications to Becca Faria Fitness, LLC through the website, you are communicating with us electronically and as such, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that Becca Faria Fitness, LLC provides to you electronically satisfy any legal requirements that such communication be in writing.
Becca Faria Fitness, LLC grants you a limited, non-exclusive, non-transferable and revocable license to access and make personal use of the website. This limited license does not the right to use the website or services offered for a commercial purpose. You agree that Becca Faria Fitness, LLC and Rebecca Faria will not be liable to you or to any third party for termination of your access to the website for any reason permitted by law.
By the use of this website, you acknowledge that your use of this site is at your sole risk and that neither Becca Faria Fitness, LLC nor Rebecca Faria will be liable for any damages of any kind related to your use of this website. You agree that no exercise, health, or dietary information provided will be used to diagnose, treat, cure or prevent any medical condition. At all times, you are encouraged to consult a licensed physician or other qualified health professional. You agree not to change a prescribed or recommended form of medical treatment, or any dietary requirements, in reliance on any information found on this website or from information received in any way from Becca Faria Fitness, LLC or Rebecca Faria.
MODIFICATION OF TERMS
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY
Becca Faria Fitness, LLC takes allegations of copyright infringement and takedown requests very seriously. Becca Faria Fitness, LLC will investigate and fully cooperate with copyright owners to ensure that protected works are not used in violation of any rights. Any claims, correspondence or takedown requests should be directed to Becca Faria Fitness, LLC’s registered agent.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
BECCA FARIA FITNESS, LLC RESERVES THE RIGHT TO MAKE CHANGES TO THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE PRICE OF PRODUCTS AND SERVICES.
BECCA FARIA FITNESS, LLC DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO INFORMATION ON THIS WEBSITE, SERVICES, AND RELATED TEXT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL BECCA FARIA FITNESS, LLC OR REBECCA FARIA BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION OR SERVICES OBTAINED THROUGH THIS WEBSITE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS.
AS SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL/INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REGARDLESS, BECCA FARIA FITNESS, LLC’S TOTAL LIABILITY TO YOU FOR DAMAGES WILL NOT EXCEED THE AMOUNT PAID BY YOU TO BECCA FARIA FITNESS, LLC FOR PRODUCTS/SERVICES IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST BECCA FARIA FITNESS, LLC, OR THE MAXIMUM EXTENT PERMITTED BY LAW, WHICHEVER IS LOWER.
BY USE OF THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THESE LIMITATIONS OF LIABILITY.
You agree to indemnify and hold harmless Becca Faria Fitness, LLC and Rebecca Faria, from any claim or demand, including reasonable attorneys’ fees, asserted by any third party due to, or arising out of, your use of the Site and/or any information, software, or services obtained through the website and/or from Becca Faria Fitness, LLC.
JURISDICTION AND VENUE
Any and all disputes against Becca Faria Fitness, LLC or Rebecca Faria in any way related to this website and any subsections or any service provided by those entities/individuals shall be governed by Illinois law. Venue for any such claims against these entities/individuals is only proper in Cook County, Illinois.
If any of the provisions in these Terms & Conditions shall be determined to be invalid or otherwise unenforceable, then to the extent and within the jurisdiction in which that provision is invalid or unenforceable it shall be severed from the clause and the remaining provisions shall survive, remain in full force, and continue to be enforceable and binding.
THREE-DAY RIGHT OF RESCISSION
If you purchase any class or membership, you may cancel within three (3) business days following the first business day after your purchase, and the money you paid will be refunded to you. Business day shall mean any day Monday through Friday.
By agreeing to these terms, you certify that a copy of the Illinois Physical Fitness Services Act (“Act”) 815 ILCS 645/1 et seq. has been made available to you (click Read More at bottom of page), and you agree that the terms of the Act are incorporated into these Terms & Conditions to which you agree. Any prohibitions or disclosures required by the Act are made by incorporation of the Act herein. Further, any other agreement between you and Becca Faria Fitness, LLC which is subject to the Act, hereby incorporates the Act into the terms of such agreement.
ASSUMPTION OF RISKS
You understand and are aware that physical exercise, including the use of equipment and the receipt of physical training and instruction, is a potentially hazardous activity. You also understand that fitness activities involve a risk of injury and even death, and that you are voluntarily participating in these activities and using these services with knowledge of the dangers involved. YOU HEREBY AGREE TO EXPRESSLY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, DAMAGES OR DEATH THAT MAY OCCUR TO YOU AS A RESULT OF PARTICIPATION IN SUCH ACTIVITIES.
BY USING THE SERVICE OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.