Privacy Policy

 

Privacy Policy/ Terms of Use

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE BEFORE ACCESSING, USING, OR SUBSCRIBING OVER LEVEL1ELITECOACHING.COM THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 6, 9 and 10). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.The use of level1elitecoaching.com (along with all sub domains, collectively, hereafter the “Website”),which is owned and maintained by Labeda Family LLC (“Level 1 Elite Coaching,” “Level 1 Elite, CrossFit Uncensored” “we,” “our,” “us”), is governed by the policies, terms, and conditions set forth below.Please read them carefully. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms,conditions, policies, and notices stated here. By accessing, using, or subscribing over the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms in their entirety, you are not authorized to use the Website.THIS IS A BINDING AGREEMENT. THESE TERMS OF USE (“TERMS”) TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT(“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU” OR “CUSTOMER”)AND LEVEL 1 ELITE COACHING AND SHOULD BE READ CAREFULLY. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE AND ATTEMPTED USE OF THE WEBSITE AND THE SERVICES PROVIDED BY GYM LAUNCH.THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION.ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 11.Gym Launch reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://level1elitecoaching/terms-of-use/. Use of the Website after such changes constitutes acceptance of such changes.To sign up as a paying Labeda Family LLC client, you will be required to agree to additional contractual terms.Table of Contents:Website Use Website User Conduct and Restrictions Our Privacy Policy and Your Personal Information Prohibited Use of the Site Information You Provide; Registration; User Names and Passwords DISCLAIMER – YOUR BUSINESS’ INDIVIDUAL SUCCESS WILL VARY Your Responsibilities in Running Your Business Testimonials, Reviews, and Pictures/Videos DISCLAIMERS OF OTHER WARRANTIES LIMITATIONS OF LIABILITIES DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER Labeda Family’s Additional Remedies Indemnification Notice and Take down Procedures; Copyright Agent Third-Party Links Termination No Waiver Governing Law and Venue Force Majeure Assignment Electronic Signature Changes to the Agreement Severability Entire Agreement Contacting Us Section 1 – WEBSITE USE The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into abiding contract with us, and have read this Agreement and understand and agree to its terms.SECTION 2 – WEBSITE USER CONDUCT AND Restrictions All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all design elements, text material, logos, taglines,metatags, hashtags, photographic images, personal stories, icons, video and audio clips, personal training sessions, marketing tips and strategies, and downloads. No material on or providedthrough the Website may be copied, reproduced, distributed, republished, uploaded, displayed,posted, or transmitted in any way whatsoever. Labeda Family’s trademarks and logos areproprietary marks of Labeda Family LLC, and the use of those marks is strictly prohibitedunless otherwise provided for by these Terms. Nothing herein gives you the right to use, copy,register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, tradename, copyrighted material, patent, trade dress, trade secret, or confidential information ownedby Labeda Family LLC.Subject to your continued strict compliance with all Terms, Labeda Family LLC provides to you arevocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to usethe Website. You acknowledge and agree that you do not acquire any ownership rights in anymaterial protected by intellectual property laws.You agree not to use or attempt to use the Website in any unlawful manner. You further agreenot to commit any unlawful act or attempt to commit any unlawful act on or through the Websiteincluding, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2)publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATIONWe respect your privacy and the use and protection of your and your business’s non-public,personal information. Your submission of personal information through the Website is governedby our Privacy Policy. Our Privacy Policy may be viewed athttps://privacy-policy/. Labeda Family LLC reserves the right to modify its PrivacyPolicy in its reasonable discretion from time-to-time. Our Privacy Policy is incorporated intothis Agreement by reference.SECTION 4 – PROHIBITED USE OF THE SITEYou agree not to use or attempt to use the Website in any unlawful manner or a manner harmfulto Labeda Family LLC. You further agree not to commit any harmful or unlawful act or attempt tocommit any harmful or unlawful act on or through the Website including, but not limited to,refraining from:a. HARMFUL ACTS.Any dishonest or unethical business practice; any violation of thelaw; infliction of harm to Labeda Family’s reputation; hacking and other digital or physicalattacks on the Website; use any device, software or routine that interferes with the properfunctioning of the Website or servers or networks connected to the Website, or take anyother action that interferes with another’s use of the Website; use any “robot,” “spider” orother automatic or manual device or process for the purpose of compiling information onthe Website for purposes other than for a generally available search engine, including butnot limited to any actions which spam, phish, pretext, spider, or scrape the Website;otherwise collect or track the personal information of others; any violation of the rights ofLabeda Family or any third party, including but not limited to use of any company name,service marks, or trademarks without prior written consent, including as metatags orhidden text.b. “SPAMMING” AND UNSOLICITED COMMUNICATIONS.We have zero tolerancefor spam and unsolicited communications. Any communications sent or authorized byyou reasonably deemed “spamming,” or any other unsolicited solicitations (includingwithout limitation postings on social media or third party blogs) will be deemed amaterial threat to Labeda Family’s reputation and to the rights of third parties.c. OFFENSIVE COMMUNICATIONS.Any communication sent, posted, or authorized byyou, including without limitation postings on any website operated by you, or socialmedia or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive,profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory;graphically violent; solicitous of unlawful behavior; or that violates the intellectualproperty rights of another.SECTION 5 – INFORMATION YOU PROVIDE; REGISTRATION; USER NAMES ANDPASSWORDSAs a Labeda Family LLC. user, you may be required to create an account for your business with Labeda Family LLC. You warrant that the information you provide us is truthful and accurate, andthat you are not impersonating another person. You are responsible for maintaining theconfidentiality of any password you may use to access your business’s Labeda Family LLC useraccount, and you agree not to transfer the password or user name, or lend or otherwise transferyour use of or access to your business’s user account, to any unauthorized third party. You arefully responsible for all transactions with, and information conveyed to, Labeda Family LLC under yourbusiness’s user account. You agree to immediately notify Labeda Family LLC of any unauthorized useof your password or user name or any other breach of security related to your business’s useraccount. You and your business agree that Labeda Family LLC is not liable, and you will hold Labeda Family LLC harmless, for any loss or damage arising from your failure to comply with any of theforegoing obligations. Please see Section 13 below for additional information.SECTION 6 – DISCLAIMER – YOUR BUSINESS’S INDIVIDUAL RESULTS WILLVARYEvery business is different, employing different strategic approaches and organizationalstructures, and offering different services and products. Therefore, individual results will varyfrom user to user. YOUR BUSINESS’S INDIVIDUAL RESULTS WILL VARY DEPENDINGUPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOTLIMITED TO YOUR LOCATION, BUSINESS MODEL, STAFF AND FACILITY SIZE, ANDSERVICE AND PRODUCT OFFERINGS.Labeda Family LLC does not promise, guarantee, or warrant your business’ success, income, orsales. You understand and acknowledge that Labeda Family LLC will not at any time providesales leads or referrals to you or your business. Those businesses who purchase our servicesor products will receive access to marketing and operational strategies and tools. However,we do not guarantee your business’s success and based upon many market factors that wecannot control, the tools and strategies we provide may or may not be applicable to yourspecific business. Further, we do not make claims that our tools, strategies, or otherofferings will make your business any specific amount of money, and it is possible that youwill not earn your investment back. We do not sell a business opportunity, “get rich quick”program, guaranteed system, franchise system, or a business in a box. You should notpurchase our services or products if that is your expectation. Instead, you should purchasewith the understanding that using the information and tools purchased will take time andeffort and may be applicable in some situations but not others. Also, we do not offer anytax, accounting, financial, or legal advice. You should consult your business’s accountant,attorney, or financial advisor for advice on these topics.SECTION 7 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESSYou are solely and exclusively responsible for complying with any and all applicable laws andregulations in running your business, including, but not limited to, all laws governing advertisingand marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional lawsapplicable to your business. Labeda Family LLC shall have no liability for your or your business’sviolation of any laws. You are solely and exclusively responsible for collecting and reportingany and all sales and use tax, and any other taxes, which may apply to sales of products orservices by your business. Labeda Family LLC shall not be responsible to collect or report any taxeswhich may apply to your business or sales of products or services by your business. You agreeto indemnify Labeda Family LLC as set out in Section 13 below in the event that you and/or yourbusiness violates any law and a claim is threatened or asserted against Labeda Family LLC as a result.You understand and agree that in running your business, transactions may be subject to sales tax,and that it is your sole and exclusive responsibility to collect and report such tax for sales to yourcustomers.SECTION 8 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOSLabeda Family LLC is pleased to hear from users and clients and welcomes your comments regardingour services and products. Labeda Family LLC may use testimonials and/or product reviews in wholeor in part together with the name, city, and state of the person submitting it. Testimonials maybe used for any form of activity relating to Labeda Family LLC’s services or products, in printed andonline media, as Labeda Family LLC determines in its sole and exclusive discretion. Testimonialsrepresent the unique experience of the participants and businesses submitting the testimonial, anddo not necessarily reflect the experience that you and your business may have using our servicesor products. As set forth above in Section 6, your business’s results will vary depending upon avariety of factors unique to your business and market forces beyond Labeda Family LLC’s control.Anything that you or your business submit or post to the Website and/or provide us, or post onany social media or other site about us, including without limitation, photographs, testimonials,ideas, know-how, techniques, questions, reviews, biographies, your business’s name, comments,and suggestions is and will be treated as non-confidential and nonproprietary, and we shall havethe royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute,display, publish, perform, sell, lease, transmit, adapt, and create derivative works from suchsubmissions by any means and in any form, and to translate, modify, reverse-engineer,disassemble, or decompile such submissions. You and your business agree that this authorizationand license may be assigned by Labeda Family LLC to any other party.Additionally,Labeda Family LLC reserves the right to correct grammatical and typing errors, to shortensubmissions prior to publication or use, and to review all submissions prior to publication or use.Labeda Family LLC shall be under no obligation to use any, or any part of, any submission.SECTION 9 – DISCLAIMERS OF OTHER WARRANTIESEXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:YOU EXPRESSLY AGREE THAT YOUR AND YOUR BUSINESS’S USE OF, ORINABILITY TO USE, THE WEBSITE IS AT YOUR AND YOUR BUSINESS’S SOLE RISK.THE WEBSITE AND THE MATERIALS, INFORMATION, AND SERVICES CONTAINEDAND OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIEDWARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONSAND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY,AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ONTHIS WEBSITE. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUROR YOUR BUSINESS’S USE OF OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY,SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAYBE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE ORRELIABLE. YOU AND YOUR BUSINESS AGREE THAT FROM TIME TO TIME WEMAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THEWEBSITE OR ANY SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU OR YOURBUSINESS.SECTION 10 – LIMITATIONS OF LIABILITIESEXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NOCASE SHALL Labeda Family LLC, OUR DIRECTORS, OFFICERS, EMPLOYEES,AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, ORLICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT,INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OFANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE,LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILARDAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE),STATUTE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR OR YOURBUSINESS’S USE OR ATTEMPTED USE OF ANY PART OF THE WEBSITE OR ANYSERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR OR YOURBUSINESS’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SERVICE,INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANYCONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OFTHE USE OF THE WEBSITE OR ANY CONTENT OR SERVICE POSTED,TRANSMITTED, OR OTHERWISE MADE AVAILABLE, EVEN IF ADVISED OF THEIRPOSSIBILITY.IF, NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH ABOVE, Labeda Family LLC IS FOUND LIABLE UNDER ANY THEORY, Labeda Family LLC’S LIABILITY ANDYOUR AND YOUR BUSINESS’S EXCLUSIVE REMEDY WILL BE LIMITED TO THELESSER OF (I) USD $1,000.00, OR (II) THE TOTAL AMOUNT OF MONEY YOU ORYOUR BUSINESS PAID TO Labeda Family LLC IN THE ONE (1) MONTH PERIODIMMEDIATELY PRECEDING THE INCIDENT ON WHICH YOUR OR YOURBUSINESS’S ALLEGED CLAIM IS BASED. THIS LIMITATION OF LIABILITY SHALLAPPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER Labeda Family LLC WAS AWAREOF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCHCLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAINWARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOUOR YOUR BUSINESS.SECTION 11 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATIONAND CLASS ACTION WAIVERPLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTANDYOUR AND YOUR BUSINESS’S RIGHTS. EXCEPT WHERE PROHIBITED BY LAW,YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOURBUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINALAND BINDING CONFIDENTIAL ARBITRATION. YOU AND YOUR BUSINESSAGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOUOR YOUR BUSINESS WOULD HAVE IF YOU OR YOUR BUSINESS WENT TOCOURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORELIMITED OR MAY NOT EXIST. YOU AND YOUR BUSINESS AGREE TO ONLYBRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF(LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS ORREPRESENTATIVE PROCEEDING. YOU AND YOUR BUSINESS FURTHER AGREETHAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMSOR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASSPROCEEDING.THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF ANARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARDON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT(INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORYDAMAGES), AND MUST FOLLOW THESE TERMS OF USE AS A COURT WOULD.If you or your business has a complaint, dispute, or controversy, you and your business agree tofirst contact us at heather@level1elite.com to attempt to resolve the dispute or controversyinformally. Any controversy or claim arising out of or related to the use of the Website, anyservice, product, or information, or your and your business’s relationship with us that cannot beresolved through such informal process or through negotiation within 120 days shall be resolvedby binding, confidential arbitration administered by the American Arbitration Association(“AAA”), and judgment on the award rendered may be entered in any court having jurisdictionthereof. We agree that any claim we may have against you or your business will also be subjectto this arbitration provision, except as provided in Sections 12 and 13 below. The arbitration willbe conducted by a single neutral arbitrator in the English language in Austin, Texas, unless weboth agree to conduct the arbitration by telephone or written submissions. The arbitrator shall beselected by agreement of the parties or, if the parties cannot agree, chosen in accordance withRules of the AAA. The arbitration will be conducted in accordance with the provisions of theAAA’s Commercial Arbitration Rules and Mediation Procedures, in effect at the time ofsubmission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or bycalling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve anydispute relating to the interpretation, construction, validity, applicability, or enforceability ofthese Terms of Use, the Privacy Policy, this arbitration provision, and any other termsincorporated by reference into these Terms of Use. The arbitrator shall have the exclusive andsole authority to determine whether any dispute is arbitrable. The arbitrator shall have theexclusive and sole authority to determine whether this arbitration agreement can be enforcedagainst a non-signatory to this agreement and whether a non-signatory to this agreement canenforce this provision against you, your business or Labeda Family LLC.Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules.In all other respects, and regardless of which party partially or fully prevails, the parties shalleach pay their own additional fees, costs, and expenses, including, but not limited to, those forany attorneys, experts, documents, and witnesses.The arbitrator shall follow the substantive law of the State of Texas without regard to its conflictsof laws principles. Any award rendered shall include a confidential written opinion and shall befinal, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.Judgment on the award rendered by the arbitrator may be entered in any court of competentjurisdiction.You, your business, and Labeda Family LLC agree that disputes will only be arbitrated on an individualbasis and shall not be consolidated on a class wide or other representative basis, nor consolidatedwith any other arbitration(s) or other proceedings that involve any claim or controversy of anyother party. You, your business, and Labeda Family LLC expressly waive any right to pursue any classor other representative action against each other.Failure or any delay in enforcing this arbitration provision in connection with any particularclaim will not constitute a waiver of any rights to require arbitration at a later time or inconnection with any other claims except that all claims must be brought within 1 year after theclaim arises (the 1 year period includes the 120-day informal resolution procedures describedabove).This arbitration provision sets forth the terms and conditions of our agreement to final andbinding confidential arbitration and is governed by and enforceable under the Federal ArbitrationAct, 9 U.S.C. §§ 1-16, as amended.This provision survives termination of your account or relationship with Labeda Family LLC,bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable ( i.e. ,unenforceability would allow arbitration to proceed as a class or representative action), then thisentire arbitration provision shall be rendered null and void and shall not apply. If a portion ofthis arbitration provision (other than the class action waiver) is deemed unenforceable, theremaining portions of this arbitration provision shall remain in full force and effect.YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHTTO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOURCASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER,YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLYAND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION INACCORDANCE WITH THIS ARBITRATION PROVISION.Should either party file an action contrary to this provision, the other party may recoverattorney’s fees and costs up to $5,000.00.SECTION 12 – Labeda Family LLC’S ADDITIONAL REMEDIESIn order to prevent or limit irreparable injury to Gym Launch, in the event of any breach orthreatened breach by you or your business of the provisions of this Agreement or anyinfringement or threatened infringement by you or your business of the intellectual property ofLabeda Family LLC or a third-party, Labeda Family LLC shall be entitled to seek a temporary restraining orderand preliminary and permanent injunctions or other equitable relief from a court of competentjurisdiction located in Lake Elsinore, California enjoining such breach, threatened breach, infringement, orthreatened infringement. Nothing in this Agreement shall be construed as prohibiting Labeda Family LLC from pursuing in court any other remedies available to it for such breach, threatenedbreach, infringement, or threatened infringement, including the recovery of monetary damagesfrom you and your business. You and your business hereby irrevocably consent to the exclusivepersonal jurisdiction of, and exclusive venue in, the courts of Lake Elsinore, CA for all such claims,and forever waive any challenge to said courts’ exclusive jurisdiction or venue.SECTION 13 – INDEMNIFICATIONTo the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Labeda Family LLC, its directors, officers, employees, shareholders, licensors, independent contractors,subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and againstany and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind,including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution,arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, orattempt to use the Website, information, services, or products, (2) information you submit ortransmit through the Website, (3) your breach of these Terms, the documents they incorporate byreference, the Agreement, or the representations and warranties provided by you in thisAgreement, or (4) your violation of any law or the rights of a third-party.SECTION 14 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENTIf you believe that materials or content available on any Gym Launch Secrets website infringesany copyright you own, you or your agent may send Labeda Family LLC a notice requestingthat Labeda Family LLCremove the materials or content from the Labeda Family LLC website.If you believe that someone has wrongly filed a notice of copyright infringement against you,you may send Labeda Family LLCs a counter-notice. Notices and counter-notices should be senttoLabeda Family LLC29910 Ohana CircleLake Elsinore, CA 92532or by email to heather@level1elite.com .SECTION 15 – THIRD-PARTY LINKSThe Website may contain links to other websites. Labeda Family LLC assumes no responsibility for thecontent or functionality of any non-Labeda Family LLC website to which we provide a link. Please seeour Privacy Policy for more details.SECTION 16 – TERMINATIONThis Agreement will take effect (or shall re-take effect) at the time you click “SUBMIT,” “IACCEPT,” “I AGREE,” or similar links or buttons, otherwise submit information through theWebsite, respond to a request for information, or begin installing, accessing, or using theWebsite, whichever is earliest. If, in our sole discretion, you or your business fail, or we suspectthat you or your business have failed, to comply with any term or provision of the Agreement,we may terminate the Agreement or suspend your and your business’s access to the Website atany time without notice. Sections 6, 16 through 20, and 25 through 32 of this Agreement, aswell as any representations, warranties, and other obligations made or undertaken by you, shallsurvive the termination of this Agreement and/or your account or relationship with Labeda Family LLC.Sections 6 through 13, 15, and 17 through 24 of this Agreement, as well as any representations,warranties, and other obligations made or undertaken by you and/or your business, shall survivethe termination of this Agreement and/or your or your business’s account or relationship withLabeda Family LLC.Upon termination, you and your business remain responsible for any outstanding payments toLabeda Family LLC on a non-prorated basis.SECTION 17 – NO WAIVERNo failure or delay on the part of Labeda Family LLC in exercising any right, power or remedy underthis Agreement may operate as a waiver, nor may any single or partial exercise of any such right,power, or remedy preclude any other or further exercise of such right, power, or remedy, or theexercise of any other rights, power, or remedy under this Agreement. A waiver of any right orobligation under this Agreement shall only be effective if in writing and signed by Labeda Family LLC.SECTION 18 – GOVERNING LAW AND VENUEThis Agreement and any issue or dispute arising out of or otherwise related to this Agreement oryour or your business’s access to or use of the Website, our Privacy Policy, or any matterconcerning Labeda Family LLC shall be governed exclusively by the laws of the State of California withoutregard to its conflicts of laws principles. To the extent that any claim or dispute is found by thearbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitrationagreement in Section 11 above, the parties agree any such claim or dispute shall be exclusivelybrought in and decided by the state or federal courts located in Austin, Texas, and you herebyirrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts,and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claimsmust be brought on an individual and non-class, non-representative basis, and you forever waiveany right to bring such claims on a class wide or representative basis. The parties will bear theirown respective costs and attorneys’ fees, regardless of which party prevails.SECTION 19 – FORCE MAJEURELabeda Family LLC will not be responsible to you for any delay, damage, or failure caused byor occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event”shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution orcivil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal orstate laws, rules and regulations of any governmental authorities having jurisdiction over thepremises, inability to procure material, equipment, or necessary labor in the open market, acuteand unusual labor, material, or equipment shortages, or any other causes beyond the control ofLabeda Family LLC. Delays due to any of the above causes shall not be deemed to be a breachof or failure to perform under this Agreement. Labeda Family LLC shall not be required againstits will to adjust any labor or other similar dispute except in accordance with applicable law.SECTION 20 – ASSIGNMENTLabeda Family LLC may assign its rights under this Agreement at any time, without notice. Your andyour business’s rights and obligations under this Agreement cannot be assigned without Labeda Family LLC (or its assigns’) express written consent.SECTION 21 – ELECTRONIC SIGNATUREAll information communicated on the Website is considered an electronic communication. Youand your business agree that we may communicate electronically with you and that suchcommunications, as well as notices, disclosures, agreements, and other communications that weprovide to you electronically, are equivalent to communications in writing and shall have thesame force and effect as if they were in writing and signed by the party sending thecommunication.SECTION 22 – CHANGES TO THE AGREEMENTYou can review the most current version of the Terms at any time. We reserve the right, at our sole discretion, to update,change or replace any part of the Agreement, including the Privacy Policy by posting updatesand changes to our Website. It is your responsibility to check our Website periodically forchanges. Your and your business’s continued use of or access to our Website following theposting of any changes to the Agreement constitutes acceptance of those changes.SECTION 23 – SEVERABILITYIf any provision of this Agreement is found by the arbitrator or (if proper) a court of competentjurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected therebyand shall continue in full force and effect and such provision may be modified or severed fromthis Agreement to the extent necessary to make such provision enforceable and consistent withthe remainder of the Agreement.SECTION 24 – ENTIRE AGREEMENTThese Terms, the Agreement, and any policies or operating rules posted by us on the Website orin respect to the Website constitutes the entire agreement and understanding between you andyour business and Labeda Family LLC, and supersedes and replaces any prior or contemporaneousagreements, representations, communications, and proposals, whether oral or written. We mayalso, in the future, offer new services and/or features through the Website. Such new featuresand/or services shall also be subject to these Terms, the Agreement, and any policies or operatingrules posted by us on the Website. Any ambiguities in the interpretation of these Terms or theAgreement shall not be construed against the drafting party.SECTION 25 – CONTACTING USWe encourage our clients to contact us with questions or comments about our products andservices. Please feel free to do so by sending an e-mail to heather@level1elite.com or by regular mail at:Labeda Family LLC29910 Ohana CircleLake Elsinore, CA 92532Notices to you may be made by posting a notice (or a link to a notice) onPP1. IntroductionThis Privacy Policy describes the information and data collection, storage, and use practices andpolicies of Labeda Family LLC (“CrossFit Uncensored,” “Level 1 Elite Coaching,” “we,” “our,”“us”) on the website at Labeda Family LLC (along with all subdomains, collectively, the “Website”).This Privacy Policy is only applicable to the Website and not to any other websites that you maybe able to access from the Website, each of which may have data collection, storage, and usepractices and policies that differ materially from this Privacy Policy. When you leave theWebsite via a link to another website, you are subject to that site’s Privacy Policy, Terms of Use,and other policies (“Third Party website policies”) applicable to that site and you should reviewthe Third Party website policies.2. Information Collection and Use Practicesi. Types of Information CollectedGym Launch may collect two different types of information, Personally Identifiable Information(“PII”) and Non-Personally Identifiable Information (“Non-PII”). PII and Non-PII may becollected anytime you access or use a Labeda Family LLC website, including this Website. PII andNon-PII may also be collected by Labeda Family LLC during in-person discussions, telephoneconversations, and electronic or other written communications.Personally Identifiable Information Collected : In order for you to access and use the servicesoffered through the Websites, we may require you to provide information that identifies you asan individual ( i.e. , “PII”). PII may include the following categories of information: (1) ContactData (such as your name, mailing address, email address, and phone number(s)); (2) FinancialData (such as your account or credit card number); and (3) Demographic Data (such as your zipcode and age). If you communicate with us by email, post messages to any of our chat groups,bulletin boards, or forums, or otherwise complete online forms or surveys, any informationprovided may be collected as PII.Non-Personally Identifiable Information Collected : We may automatically track and collect thefollowing categories of information when you visit our Website: (1) IP addresses; (2) domainservers; (3) types of computers accessing the Website; and (4) types of web browsers used toaccess the Website (collectively “Non-PII”). Non-PII is anonymous information that does notpersonally identify you but is helpful for improving your experience on the Website.ii. Uses of Information CollectedLabeda Family LLC uses PII to respond to your inquiries, provide you with services you haverequested, keep you informed of services and products Labeda Family LLC thinks may be of interest toyou, and otherwise personalize your experience with Labeda Family LLC, among other reasons. Labeda Family LLC does not sell or lease PII about you to others.iii. Technology We May Use: Cookies, Web Beacons, and Clear GifsCookies and web beacons are small text files that are stored on your computer when you visitcertain web pages. Labeda Family LLC collects information through cookies and web beacons aboutyour web browsing activities such as the address of the page you are visiting, the address of thereferrer page you previously visited, the time you are viewing the page, your browsingenvironment, and your display settings. We may use cookies and web beacons on our Websitefor the following purposes:Understanding traffic patterns and the number of visitors to the Website and otherwebsites that we partner with;Understanding how you use and interact with the Website;Improving Labeda Family LLC services and products;Optimizing your experience on the Website;Providing anonymous individual or aggregate auditing, research, modeling, and reportingfor our advertisers and other partners;Storing your password so you do not have to re-enter it each time you visit the Website;Providing you with relevant advertising and content; andManaging our Website.Clear Gifs are tiny graphics with a unique identifier, similar in function to cookies, used to trackthe online movements of Website visitors.Please note that cookies, web beacons and clear gifs may be placed by a third party serviceprovider who performs these functions for us. These third parties may have their own privacypolicies.Labeda Family LLC does not use cookies, web beacons, or clear gifs to collect or store any PII.iv. Sharing of Personal InformationLabeda Family LLC may share PII with Labeda Family LLC affiliates, advertisers, and third parties contractingwith Labeda Family LLC to provide services to you. The other parties with whom we share PII maysend information to you about other products or services. We do not share your Financial Datawith these third parties. We may share Financial Data with business partners who assist us byperforming core services (such as hosting, billing, fulfillment, or data storage and security)related to our operation of the Website and provision of services. Those business partners agreeto uphold the same standards of security and confidentiality described in this Privacy Policy, andthey will only use your Financial Data to carry out their specific business obligations to Labeda Family LLC.If you do not want us to share your PII with any third parties, please email us atbilling@crossfituncensored.com .If we or some or all of our assets are acquired by another company, including through a sale inconnection with a bankruptcy, that company will possess the information collected by us, and itwill assume the rights and obligations regarding your PII as described in this Privacy Policy.We may disclose PII or other data to comply with the law or legal requirements, enforce or applyour Terms of Use and other agreements, or protect our rights, property, the safety of our users, orothers.Because Non-PII does not personally identify You, Labeda Family LLC reserves the right to use anddisclose to third parties Non-PII for any purpose.v. Interest-Based AdsWe may also may share Non-PII with advertisers and other third parties who may use it foradvertising purposes, including to serve targeted advertising on non-affiliated third party sites.Some of those ads may be personalized, meaning that they are intended to be relevant to youbased on information about your online activities on the Website or other websites over time.For example, anonymous information collected across multiple sites may enable the ad networkto predict your preferences and show you ads that are likely to be of interest to you. Please notethat we do not share any information that identifies you personally with the third party serviceproviders who serve ads on our behalf. To opt out of these types of ads, please visit the NetworkAdvertising Initiative (“NAI”) for information about how to opt-out of interest-based advertisingby their members. See http://www.networkadvertising.org for general information about the NAIand http://www.networkadvertising.org/managing/opt_out.asp for the opt-out page. You mayalso visit http://www.aboutads.info/consumers/ to learn about interest-based advertising and howto opt-out from online behavioral ads served by some or all participating companies.vi. Email MarketingBy submitting your email address through the Website, you are expressly consenting to receiveemails from Labeda Family LLC, including from Labeda Family LLC affiliates, and from third partiesconcerning offers and advertisements unrelated to Labeda Family LLC. To opt-out of receiving emailmessages from us, from our affiliates or from other third parties, click on the “Unsubscribe” linkcontained in each email. Please allow up to 10 business days for us to process your request.Please note that if you decide not to receive marketing emails from us, you may still receivetransactional email messages regarding your account. If you have questions or concernsregarding this provision, please contact us at billing@crossfituncensored.com .3. Confidentiality and Security of Personal Informationi. User Ability to Access, Update, and Correct PIIAt any time you may contact Labeda Family LLC via email at helevel1elite.com toupdate your PII or request that your PII no longer be shared by Gym Launch. In the case thatyour user name or password is lost, stolen, or used without permission, promptly contact GymLaunch at support@gymlaunchsecrets.com to update the PII we have on file for you.ii. Your California Privacy RightsAs described in this Privacy Policy, from time to time we may make your personal informationavailable to third parties for their marketing purposes. California law permits individuals whoare California residents to request certain information about personalinformation to third parties for direct marketing purposes. If you are a California resident andwould like to make such a request, please submit your request in writing toheather@level1elite.com . If you do not want us to share your personal informationwith third parties, you may opt-out of this information sharing by emailing us atheather@level1elite.com . In accordance with California Civil Code Sec. 1789.3,California resident users are entitled to know that they may file grievances and complaints withthe California Department of Consumer Affairs, 1625 North Market Blvd., Suite N112,Sacramento, CA 95834; or by phone at 916-445-1254 or 800-952-5210; or by email todca@dca.ca.gov.iii. SecurityLabeda Family LLC maintains reasonable physical, administrative and technical safeguards to protectPII from loss, misuse, or unauthorized access, disclosure, alteration or destruction. However, nosystem is 100% secure. Gym Launch enforces its Privacy Policy via self-assessment.4. Third-Party Links and Public InformationExcept where expressly stated by Labeda Family LLC, Labeda Family LLC is not affiliated or associated withoperators of any third party websites that link to or are linked from any Labeda Family LLC-maintainedwebsite, including this Website. Please review the Third Party website policies of each site youvisit.Labeda Family LLC disclaims any responsibility for the accuracy or content of information found onthird party websites that link to or are linked from any Labeda Family LLC website, including thisWebsite. Gym Launch disclaims any responsibility for the security of any information (includingwithout limitation PII and Financial Data) that you may provide to any third party. We may alsomay make chat rooms, forums, message boards, and news groups available to you. Pleaseunderstand that any information that is disclosed in these areas becomes accessible to the public.You should exercise caution when deciding to disclose your PII in a public forum.5. Updates and Changes to Privacy PolicyWe reserve the right, at any time and without notice, to update or modify this Privacy Policy,simply by posting such update or modification on the Website. Any such change, update, ormodification will be effective immediately upon posting on the Website. You consent to suchchanges through your continued use of the Website.If you have questions about this Privacy Policy or want to contact us, please send an email toheather@level1elite.com or write to us at:Labeda Family LLC, LLC29910 Ohana CircleLake Elsinore, CA 92532Copyright 2011 – Labeda Family LLC – All Rights Reserved

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