PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING AND BECOMMING
A MEMBER OF EXERTO.COM.
By using Exerto.com website, you agree to these Terms and
Conditions. We reserve the right to modify these Terms &
Conditions at any time. You are responsible for regularly reviewing
these Terms & Conditions prior to each time you access or use
the website. You agree to accept any changes of Terms
& Conditions, whether or not you have reviewed them. If you do
not agree to these Terms & Conditions, you should not use
this website and terminate your membership.
1. Membership fee and payment
As a member of Exerto.com you accept that our partner Payex (http://payex.com/) withdraw the
membship fee from your creditcard every month until you
terminate your membership.
Exerto can, at any time, change the membership fee. If so is done
you will be informed by Email in advance given the
opportunity to terminate the membership.
The membership is personal an can not be used by
or transferred to others. Remeber that it is your creditcard
that is charged and others will be abel to access information about
your membership (not possible to access creditcard
information).
As a member you accept to receive information pr email from
Exerto.
There is no lock-in period at Exerto.com and if
you terminate the membership within 14 days after registration you
will get your money in return. If you terminate the membership any
time after this 14 days period, futher payment and the
membership will be stoped the same day, no refund will be
done.
2. Scope
Unless otherwise indicated, these Terms & Conditions apply
to all use of the Exerto.com website including all of
it's content, code, software, tables, and scripts.
3. Binding Agreement
BY ACCESSING OR USING EXERTO.COM, YOU ACCEPT THE
TERMS & CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT
UNDERSTAND OR AGREE TO THESE TERMS & CONDITIONS, YOU
SHOULD NOT ACCESS OR USE THIS SITE.
4. Restrictions of Use
Exerto AS possesses all rights to trademarks,
patents, content and other intellectual properties
associated to this website.
You may not publish,
modify, sell, distribute, or participate in the transfer
or sale of any of the Content, in whole or in part.
5. Use by Minors
This website is not designed for use by children under the
age of 18. By using or become a subscriber you agree and
warrant that you are 18 years old or older.
6. Links to other Websites
This website may contain links to other Internet websites owned,
operated or maintained by third parties. This is for your
convenience and we are not responible for it's content, owner or
operator. You are responsible for your use of such linked
sites.
7. Health Disclaimer
You are especially warned and
advised to seek the advice of a physician before beginning any
exercising. This website is not in any way a substitute for
physician consultation or treatment and nothing contained
in this website should be consider as medical advice
or diagnosis.
8. Warranty Disclaimer
A) ALL CONTENT ON THIS WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS
AVAILABLE" BASIS. THIS SITE MAY INCLUDE MISTAKES, OVERSIGHTS,
INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A
PARTICULAR PURPOSE.
B) EXERTO AS DOES NOT WARRANT THAT THE CONTENT WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE SERVERS THAT HOST THIS WEBSITE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
C) NO INFORMATION OBTAINED BY YOU FROM OUR
PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXERTO
AS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES
OR AGENTS SHALL NOT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL,
INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS,
USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE
FORESEEABLE AND EVEN IF EXERTO AS HAD BEEN ADVISED OF THE
POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. WE FURTHER DISCLAIM ANY
LIABILITY CAUSED BY INTENTIONAL OR UNINTENTIONAL
NEGLIGENCE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS &
CONDITIONS, YOU SHOULD NOT USE THIS WEBSITE AND TERMINATE YOUR
MEMBERSHIP.
10. Indemnification
You agree to indemnify, defend and hold harmless Exerto
AS and their respective officers, directors, shareholders,
employees and agents from and against any and all claims,
liabilities, expenses (including attorneys' fees) and damages
arising out of claims resulting from your access or connection to,
or use of this website, including without limitation claims arising
out of information or content submitted to this website by you,
your violation of a third party's intellectual property or other
rights, or any claims alleging facts that if true would constitute
a breach by you of these terms and conditions. Exerto
AS reserves the right to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you,
and in such case, you agree to cooperate with the Exerto
AS defense of such claims.
11. Assignment
You shall not assign or otherwise transfer these Terms &
Conditions or assign, delegate or otherwise transfer any of your
rights, interests or obligations under these Terms & Conditions
and any such assignment, delegation or other transfer shall be
void. These Terms & Conditions shall inure to the benefit
of the Exerto AS successors, assigns and licensees.
12. Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in
accordance with the Norwegian laws, without giving effect to any
principles of conflicts of law. You consent to the jurisdiction and
venue of the state and federal courts in Norway, in all disputes
arising out of or relating to the use of this website, provided,
however, that the Exerto AS may enforce its rights under
this Agreement in any jurisdiction.
13. Miscellaneous Terms
If any provision of these terms shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable
from these terms and shall not affect the validity and
enforceability of any remaining provisions.
DISCLAIMER: Please be advised that
there are risks involved in participating in any exercise program.
By participating in the Exerto.com classes, members are
assuming all risks of injury that might result. Exerto AS, our
instructors, and our third parties shall not be liable for any
claims for injuries or damages whatsoever, resulting from or
connected with the use of this site. We further disclaim any
liability caused by intentional or unintentional negligence.
Conctact us by email: support@exerto.com
Exerto AS, Postboks 437, N-1411 Kolbotn, Norway
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All rights Exerto AS