Megan Dowd Wellness LLC Terms & Conditions of Use
Terms and Conditions of Use
Ownership of Content
Unless otherwise stated, this Site and its design, content, organization, graphics and matters (“Content”) related to this Site are protected under applicable intellectual property and other law. All Content and Intellectual Property rights are the property of Megan Dowd Wellness LLC or the material is included with the permission of the rights of the owner and is protected by applicable copyright and trademark law. The posting of any Content on this Site does not constitute a waiver of any right in the Content. The publication, reproduction, duplication, and distribution in any format of Content from this Site is strictly prohibited without prior express written consent of Megan Dowd Wellness LLC. Content may only be used for personal, non-commercial purposes.
Megan Dowd Wellness LLC grants you personal, limited, non-exclusive, non-transferable license to access, view and make personal and non-commercial use of this Site. You may not use this Site to gain unauthorized access to Megan Dowd Wellness LLC networks or systems or engage in any conduct to disrupt, interfere, or tamper with the Site and associated servers or networks. You agree to not access this Site by automated means such as scripts or web crawlers.
Any custom graphics, icons, trademarks or service marks and logos on this Site—unless noted—are service marks, trademarks (registered or not) and or trade dress of Megan Dowd Wellness LLC. All other trademarks, names, logos, service marks and/or trade dress published cited or mentioned are the property of their respective owners. You are not authorized to display or use any Content, trademarks or service marks in any manner without prior express consent of Megan Dowd Wellness LLC and must receive express prior written consent to use trademarks, names, logos, service marks and/or trade dress of other owners without their prior express written consent. Use or misuse of any such materials contained herein—except as permitted—is expressly prohibited.
Waiver of Liability
I am willfully participating in health and exercise classes and programs with Megan Dowd Wellness LLC. I expect to receive information on health, fitness, exercise and physical activity. I understand that fitness programs require physical activity that may be strenuous and come with an inherent risk of physical bodily injury. I am fully aware of the risks involved and understand that reasonable efforts will be made to ensure my well-being, but that the inherent risk cannot be entirely negated. I understand that equipment can also be dangerous and that equipment and exercise must be done properly to ensure the safest possible experience. I will follow the instructions given with respect to all of my exercises and use of equipment.
I understand that it is my responsibility to provide up-to-date and accurate information regarding my health and physical fitness to Megan Dowd Wellness LLC to ensure a proper fitness and exercise plan is developed and executed. I also agree that it is my responsibility to consult with a physical prior to and during my participation in the health and fitness programs of Megan Dowd Wellness LLC. I represent and warrant that I am physically fit and have no medical condition preventing my full participation in Megan Dowd Wellness LLC programs and services. I have detailed any concerns or complications with the appropriate Megan Dowd Wellness LLC staff.
I agree to full responsible for any risks, injuries or damages, known or unknown, which might incur as a result of participating in Megan Dowd Wellness LLC programs and services as a condition of my participation. I knowingly, voluntarily, willingly and expressly waive any claim I may have against Megan Dowd Wellness LLC and its instructors and staff for injury or damages that occur as a result of my participations in the program.
I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue Megan Dowd Wellness LLC and its instructors and staff for any injury or death caused by their negligence or other acts.
Additional Terms, Conditions, and Agreements
Except for personally identifiable information such as names, addresses, and financial information, unsolicited information submitted to this Site is assigned to Megan Dowd Wellness LLC free of charge. Megan Dowd Wellness LLC may use, distribute, publish, display or destroy any such submission at its discretion. Unsolicited submissions waive the right to any claim against Megan Dowd Wellness LLC related to use of the submission.
Advertising and Links
Hyperlinks directly to this Site must accurately describe the contents of the Site and fully display the page or section of the Site as it appears. You must make clear that you do not in any way represent the endorsement, sponsorship or support of the Site, Megan Dowd Wellness LLC or any of its employees or agents.
Copying any portion of the Site or its content to a server is expressly forbidden, except as may incidentally occur in the process of using the Site.
Modification of Terms
Any suspected infringement of copyright materials on this Site should be brought to Megan Dowd Wellness LLC’s immediate attention. Megan Dowd Wellness LLC will respond to alleged infringement with the appropriate action pursuant to applicable intellectual property law.
WE MAKE NO REPRESENTATIONS OF WARRANTIES WITH RESPECT TO THIS SITE, ITS CONTENTS, GOODS AND SERVICES SOLD THROUGH THIS SITE, OR ANY SITE WHICH IS LINKED. ALL SUCH CONTENT AND MATERIAL IS PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE; ANY GOODS OR SERVICES SOLD VIA THIS SITE; AND ANY SITE WITH WHICH THIS SITE IS LINKED. WE DO NOT GUARANTEE OR WARRANT THAT THIS SITE OR ANY SERVERS OR E-MAIL ARE FREE OF ANY HARMFUL COMPONENTS OR VIRUSES. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST DELETION, FAILED OR MISTAKEN DELIVERY OR FAILURE TO MAINTAIN COMMUNICATIONS, PERSONAL SETTINGS OR OTHER INFORMATION. MEGAN DOWD WELLNESS LLC AND ALL OFFICERS, EMPLOYEES, DIRECTORS AND THIRD PARTY AFFILIATES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, MEGAN DOWD WELLNESS LLC, ON BEHALF OF ALL OFFICERS, EMPLOYEES, DIRECTORS AND THIRD PARTY AFFILIATES, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, THE PURCHASE OF GOOD OR SERVICES SOLD THROUGH THIS SITE, OR ANY WEBSITE WITH WHICH THIS SITE MAY BE LINKED. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS.
You should comply with all applicable laws, statutes, ordinance and regulations regarding use of this Site. You guarantee that any information you provide us through the Site is true, accurate, current and complete. You agree to not to attempt to upload, distribute or transmit any computer viruses, Trojan horses, worms or any other malware designed to interfere, interrupt, or disrupt the normal operating procedures of any computer or system to this Site. Any unauthorized modification, tampering or alteration of any information or interference with the availability or access to this Site is prohibited.
Please contact firstname.lastname@example.org with any complaints or concerns regarding misuse of this Site.
Non-Waiver of Terms
Governing Law, Venue, and Dispute Resolution
This Agreement is governed by and construed in accordance with the law of the State of Ohio, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Ohio or, if appropriate, the United States District Court for the Southern District of the State of Ohio for resolution of any dispute, action or proceeding arising from connection with this Agreement or your use of this Site.