Terms of services

Last Modified: April 1, 2024

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY.

Hello and welcome to the Whitney Wheeler Fitness Website Terms of Use (“Terms of Use”) that applies to getfitwithwhit.net and any website where we display these terms (each a “Site”). Whitney Wheeler Fitness (“WWF” or “we”) operates each Site to provide online access to information about WWF and the products, services, and opportunities we offer.

By accessing and using a Site, you agree to these Terms of Use and to our Privacy Policy available at https://www.whitneywheelerfitness.com.

We reserve the right to modify these Terms of Use at any time without giving you prior notice. Your use of a Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use, as modified. The last date these Terms of Use were revised is set forth above, so be sure to check back for updates.

Since our Terms of Use govern your use of a Site, please be sure to read the Terms of Use carefully, which includes the following sections:

  • Permitted Use of a Site
  • Prohibited Use of a Site
  • Copyrights and Trademarks
  • Information and Materials You Post or Provide
  • Links to Third-Party Web Sites
  • Downloading Files
  • Disclaimers; Limitations of Liability
  • Indemnification
  • Additional Terms
  • General Provisions

Permitted Use of a Site
You may use a Site, and the information, writings, images, and/or other works that you see, hear, or otherwise experience on a Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about WWF and the products, services, and opportunities we offer solely in compliance with these Terms of Use.


Prohibited Use of a Site
By accessing a Site, you agree that you will not:

  • Use a Site in violation of these Terms of Use;
  • Copy, modify, create a derivative work from, reverse engineer or reverse assemble a Site, or otherwise attempt to discover any source code, or allow any third party to do so;
  • Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in, or otherwise transfer any right in, or make available to a third party, the Content or Site in any way;
  • Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses a Site in a manner that sends more request messages to the servers hosting WWF’s products, services, and Sites, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
  • Use a Site in any manner that damages, disables, overburdens, or impairs any WWF website or interferes with any other party’s use and enjoyment of a Site;
  • Mirror or frame a Site or any part of it on any other website or web page;
  • Attempt to gain unauthorized access to a Site;
  • Access a Site by any means other than through the interface that is provided by WWF for use in accessing a Site;
  • Use a Site for any purpose or in any manner that is unlawful or prohibited by this Agreement.

Any unauthorized use of any Content or a Site may violate patent, copyright, trademark, and other laws.


Copyrights and Trademarks
Each Site is based upon proprietary WWF technology and includes the Content. Each Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. Each Site, including all intellectual property rights in a Site, belongs to and is the property of WWF or its licensors (if any). WWF owns and retains all of its copyrights in the Content. Except as specifically permitted on a Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or a Site, in whole or in part, by any means. WWF, the WWF Atom Design, the WWF logos, and our other marks used by WWF from time to time, are trademarks and the property of WWF. The appearance, layout, color scheme, and design of the getfitwithwhit.net site are protected trade dress. You do not receive any right or license to use the foregoing. WWF may use and incorporate into a Site or the WWF Service any suggestions or other feedback you provide, without payment or condition. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on a Site or the Service should be sent to WWF’s designated Copyright Agent. See the Claims of Copyright Infringement instructions below.


Information and Materials You Post or Provide
You represent that you have all right, title, and interest to materials you post on a Site or provide to WWF (“Materials”), including but not limited to any consent, authorization, release, clearance, or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input, or submit the Materials. You also represent that posting such Materials does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.


Links to Third-Party Web Sites
Links on a Site to third-party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Site and be subject to the terms and privacy policies of those third parties. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by WWF of the third party, the third-party website, or the information there. WWF is not responsible for the availability of any such websites or the content thereon.


Downloading Files
WWF cannot and does not guarantee or warrant that files available for downloading through a Site will be free of infection by software viruses or other harmful computer code, files, or programs.


Disclaimers; Limitations of Liability
WWF AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF A SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, SITES, AND RELATED CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WWF AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO A SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WWF IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.


Indemnification
You agree to indemnify, defend, and hold harmless WWF, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages, and costs resulting from or arising out of your use, misuse, or inability to use a Site or the Content.


General Provisions
Enforcement/Choice of Law/Choice of Forum. All disputes relating to these Terms of Use, WWF’s Privacy Policy, your use of a Site, any other WWF website or the Content are governed by, and will be interpreted in accordance with, the laws of the State of New York. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Buffalo, New York, in the event of any dispute of any kind arising from or relating to these Terms of Use.


Contact Us
We may be reached by email at getfitwithwhit86@gmail.com or by phone using (334) 538-2547