Whitney Biaggi, Inc. Terms of Use
Definitions:
“Company” and “Whitney Biaggi, Inc.” means Whitney Biaggi, Inc. and its representatives, agents, directors, officers, employees, affiliates, contractors, interns, licensors, successors, and assigns.
“Site” means https://www.whitneybfitness.com, as well as all of Company’s social media accounts, email lists, public boards, groups, and other channels.
“You” refers to you, as a visitor to the Site and/or a client of Company.
“User Content” means any content you submit on the Site, including but not limited to blog comments, comments on the Site, and reviews.
“Agreement” and “Terms” mean these Terms of Use.
Agreement:
By using the Site and/or purchasing Company’s products or services, you acknowledge that you have read, understood, and agreed to these Terms of Use, which are legally binding on you. You are required to read these Terms of Use before using the Site or purchasing Company’s products or services.
No Substitute for Professional Advice: The information provided on Company’s website, social media, and other channels is provided for educational purposes only and does not act as a substitute for professional advice. You understand that the information provided on Company’s website, social media, services, and other channels is not to be used as a substitute for professional advice by legal, mental, medical, or other qualified professional, and you will seek independent professional guidance for such matters.
Age Requirements: By viewing the Site, you represent that you are over the age of eighteen (18). Company does not knowingly collect personal information or data from visitors under eighteen (18) years of age, and you may not purchase Company’s services if you are under the age of eighteen (18).
User Content License: By submitting User Content, you grant Company an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license (with right to sublicense) to use, publish, copy, adapt, modify, process, reproduce, transmit, distribute, translate, publicly and privately display and perform, incorporate into other works, prepare derivative works of, bring actions for infringement of, and otherwise use and exploit your User Content in any and all media or distribution methods now known or later developed. This license includes the right to provide the User Content to our third-party partners for distribution, publication, syndication, and broadcast on other media, devices, and services subject to our terms and conditions for the use of such User Content. Additionally, you irrevocably waive any claims of moral rights or attribution regarding your User Content. You represent and warrant that you have all rights, power, and authority to grant all the rights pertaining to User Content as stated in these Terms. Company may remove any User Content it deems inappropriate or in violation of these Terms.
You will always maintain ownership of the User Content you submit. However, Company shall have the right to display any User Content and make various changes to it as are necessary in providing Company’s Services and to conform to the needs of different media, devices, services, and computer networks. At no time will you be entitled to any compensation for this license.
You agree that your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Company or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Company takes no responsibility and assumes no liability for any comments posted by you or any third-party.
Use of Your Testimonials: If you leave a review on any of Company’s channels or any third-party sites, you give Company permission to use any review you submit for advertising and marketing purposes. Company may also identify you by first and last name or username when using your review for advertising and marketing purposes.
Use of This Site/Acceptable Use Policy: In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content:
For any unlawful purpose;
To solicit others to participate in any unlawful acts;
To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
To infringe upon Company’s intellectual property rights or the intellectual property rights of others;
To harass, abuse, harm, insult, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
To submit false or misleading information or content;
To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet;
To collect or track the personal information of others;
To spam, phish, pharm, pretext, spider, crawl, or scrape;
For any obscene or immoral purpose; or
To interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.
Enforcement of Acceptable Use Policy: Company may terminate your use of the Site, services, or any related website for violating any of these prohibited uses. If you violate these Terms or or otherwise create liability, loss, or damage for Company, Company’s Site visitors, or a third party, Company may review and investigate your use of the Site and to take any appropriate action against you which Company determines is necessary in its sole discretion. Such action may include, but is not limited to, restricting your account privileges or terminating your account, initiating proceedings to recover any losses, removing your User Content, and reporting you to law enforcement authorities.
Intellectual Property Rights: Company retains all ownership and intellectual property rights to any and all Company content provided to you on the Site or through its services, including but not limited to all copyrights and any trademarks belonging to Company.
You agree to the above terms and understand that Company’s products, services, and any other content provided by Company are protected by the United States Intellectual Property laws, including the Copyright Act of 1976. You may not copy, share, republish, reproduce, distribute, post, modify, duplicate, copy, sell, or display any element of the Site or services to anyone for any purpose. You understand and agree that violating the terms of this Agreement may subject you to legal action and that Company will fully pursue all remedies at law against you to which it is entitled.
Content Privacy Policy: All purchases of Company content and services are meant to only be used by the purchaser and cannot be shared with others. If applicable, sharing of login credentials is strictly prohibited and as a company we track IP addresses, login history and location, and profile history for suspected breaches of this policy. Violations of this policy are considered unlawful, and Company reserves the right to take legal action in cases of misconduct.
Third Party Services: Certain features of Company services and products may utilize the services and/or products of third-party vendors and business partners, which may include software, information, data or other services. Certain of these vendors and business partners require Users who utilize such features to agree to additional terms and conditions. Your use of such features constitutes your agreement to be bound by these additional terms and conditions. These third-party terms are subject to change at such third party’s discretion. Company is not responsible for these third parties any potential security or data breaches.
Third parties include but are not limited to: Squarespace, Stripe, Calendly, Zoom, Google Workspace, Flodesk, Honeybook, and others. You can view their terms and conditions on their websites.
User Information: In the course of your use of the Site and/or the services made available on or through the Site, you may be asked to provide certain personalized information (such information referred hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in Company’s Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy of User Information.
Assumption of Risk, Limitation of Liability, and Release of Claims – Use of the Site: You have chosen to use the Site, and you assume full responsibility for your use of the Site. In exchange for being permitted to view the Site and the information shared by Company, you knowingly, voluntarily, and expressly waive any claim you may have or may acquire against Company for any injury, condition, or damages you may sustain as a result of using the Site other than those resulting from gross negligence or willful misconduct on part of Company.
Company does not guarantee, represent, or warrant that your use of the Site will be uninterrupted, timely, secure or error-free. You agree that Company may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your own risk. The Site is provided without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Company shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site, or for any other claim related in any way to your use of the Site, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product or service) posted, transmitted, or otherwise made available via the Site or Company. Company’s liability shall be limited to the maximum extent permitted by law.
Company does not warrant that the Site, links, or the servers that make them available are free of viruses or other harmful components. Company shall not be liable for any damages that result from the use of or inability to use the Site or links.
Indemnification: You agree to indemnify, defend, and hold harmless Company, its affiliates, employees and agents from and against any and all third party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s fees, to the extent such losses result from any breach of the Agreement or violation of any law by you or breach of any duty or obligation owed by you to a third party. Additionally, you shall indemnify, defend, and hold Company harmless against any claims or damages arising from the unauthorized use of third-party materials provided by you or from materials you provide that infringe on the rights of any third party.
Client Commitment: You are responsible for creating and implementing your own results. You agree that Company is not and will not be liable for any actions or inaction, or for any direct or indirect result of any services provided by Company. You understand Company’s services are not therapy and do not substitute for therapy if needed and do not prevent, cure, or treat any mental disorder or medical disease.
No Guarantee of Results: Company does not and cannot guarantee any specific results from the services being provided under this Agreement. The responsibility for implementing strategies and techniques shared during the services lies solely with you.
Your Personal Information and Privacy: Any personal information or other data submitted by you through your use of the Site is subject to our Privacy Policy.
Errors and Omissions: At times, the Site may contain errors, including typographical errors, inaccuracies, or omissions. Company may correct those errors, inaccuracies, or omissions, and may change or cancel any purchase made subject to those errors, inaccuracies, or omissions at any time.
Force Majeure: Either party shall be temporarily excused from performing under this Agreement if any occurrence beyond the reasonable control of either party makes such performance impossible, including: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, or explosion, provided that the party provides written notice of such occurrence at the first reasonable opportunity. Under such circumstances, performance under this agreement which related to the delay shall be suspended for the duration of the delay provided the delayed party shall resume performance of its obligations with due diligence once the delaying event subsides.
No Exclusivity: The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties.
Representations: Each party represents and warrants that they are of legal age, has the requisite mental capacity, and possesses the authority or approval from any necessary individuals or entities to execute this Agreement and fulfill its obligations under these terms.
Governing Law: This Agreement, and all claims or causes of action related to the enforcement of this agreement and any claims for damages that may arise from the performance of this agreement (whether based in contract, tort, or statutory) that may be based upon, arise out of or relate to this agreement, or the negotiation, execution, or performance of this agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the laws of the state or federal courts in Kings County, New York, in the United States of America, including its statutes of limitations, regardless of this Agreement’s place of execution and place of performance.
Mediation: In the event of any dispute related to this Agreement, the parties agree to first attempt to resolve such dispute through mediation with a jointly selected, neutral mediator before commencing legal proceedings. The parties agree to cooperate and act in good faith when selecting the mediator, scheduling mediation, and attending mediation. The costs of the mediation shall be equally split between the parties.
Attorneys’ Fees: In the event of any dispute between the parties concerning the terms and provisions of this Agreement, or an action for damages arising from this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.
Notice: All notices to Company under this Agreement must be in writing and sent to Company via e-mail or via U.S. Mail, certified return receipt, to one of the addresses below:
Whitney Biaggi, Inc.
Email: whitney@whitneybfitness.com
Mailing Address: 574 4th Ave, Apt. 6F, Brooklyn, NY 11215
No Waiver: The failure of a party to insist upon strict adherence to any term of this Agreement shall not be considered a waiver of such party’s rights or deprive such party of the right to later insist upon strict adherence to that term or any other term of this Agreement.
No Assignment: The parties may not assign any rights under this Agreement without prior written consent of both parties.
Severability: Any provision of this Agreement which is held to be void or unenforceable shall not invalidate the remaining provisions of this Agreement.
Changes to Terms of Use: You can review the most current version of the Terms of Use at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
Entire Agreement: This Agreement, together with the terms and conditions, constitutes the entire Agreement between the parties with respect to the Terms of Use for the Site. It supersedes any prior agreements and understandings between the parties.
Contact Information: Should you have any questions, concerns, or issues, contact whitney@whitneybfitness.com.