Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ("USER") AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OR CONDITIONS, PLEASE DO NOT USE THE WEBSITE.
DEL CORPO, LLC (d/b/a STUDIO DELCORPO BESPOKE FITNESS) (“SDCBF”) OWNS AND OPERATES THE WEBSITE. SDCBF RESERVES THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON THEIR POSTING. SDCBF MAY TERMINATE YOUR USE OF THE WEBSITE AT ANY TIME IN ITS SOLE DISCRETION.
Acceptable use; Use of Website; Ownership of Intellectual Property Rights
All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter "Content") constitute the sole and exclusive property of SDCBF, its licensors and content providers. The User is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are prohibited without SDCBF's prior written approval: copying of the Website or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third party application or web site); and disassembling, de-compiling, reverse engineering or otherwise modifying the Content. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without SDCBF 's express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without SDCBF's express written consent.
Access to certain areas of this website are restricted by user ID and password. SDCBF reserves the right to restrict access to member areas of this website.
Health and Wellness Information
This Website may contain information about leading a healthy way of life, including information on health, wellness and fitness issues. You understand that such information is not intended to represent medical diagnosis, treatment or care and should not be used in place of consultation with or advice from your healthcare professionals. Consult your physician or healthcare professional before beginning or altering your personal exercise, diet or nutritional supplement program.
24 hour cancellation in advance is required or client will be charged for the session.
Both trainer and client agree that any information obtained in paperwork or during any training session will remain confidential and proprietary; this confidentiality will extend beyond the length of the client/trainer relationship.
Trainer has the right to cancel a session if client is tardy by 15 minutes or more.
Sessions are non-refundable, and non transferrable. Studio DelCorpo reserves the right to cancel trainer-client agreement at any time.
Trainers are subject to change at any time. Appointments can be subject to trainer availability.
Unsolicited Submissions
If unsolicited submissions are sent to SDCBF via this Website, these submissions become the property of SDCBF and may be used, copied, sub licensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as SDCBF sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against SDCBF relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or SDCBF or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
SDCBF reserves the right to edit or remove any material submitted to this website, or stored on SDCBF's servers, or hosted or published upon this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. SDCBF makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, SDCBF does not warrant that:
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical, or physical matter you should consult the appropriate professional.
Limitations of liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, USER EXPRESSLY UNDERSTANDS AND AGREES THAT IN NO EVENT SHALL SDCBF AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO USER OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM USER’S ACCESS TO OR USE OF THE WEBSITE.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit SDCBF's liability in respect of any:
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, SDCBF has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against SDCBF officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect SDCBF officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as SDCBF.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
User agrees to indemnify, defend and hold harmless, SDCBF, its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by User. SDCBF reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by User, in which event User will fully cooperate with SDCBF in asserting any available defenses. You hereby indemnify SDCBF and undertake to keep SDCBF indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by SDCBF to a third party in settlement of a claim or dispute on the advice of SDCBF incurred or suffered by SDCBF arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.
In consideration of your participation in activities associated with SDCBF and DELCORPO.COM, you do hereby waive, release and forever waive, release and discharge SDCBF, from all responsibilities or liabilities, actions, claims, demands, damages, costs and expenses which I may now or in the future have or arising out of in any way connected to injuries or damages resulting from my participation in any activities with SDCBF and DELCORPO.COM. You understand that this waiver includes, but is not limited to any claims that are based on negligence or any other action or inaction of the above named parties.
User acknowledge the existence of risks in connection with exercise activities, assumes such risks, and agrees to accept the responsibilities for any injuries sustained by participation, in any incident, in the course of physical activity with SDCBF and DELCORPO.COM.
You the participant, intending to be legally bound for yourself, heirs, executors, administrators and assignees, do hereby waive, release and forever waive, release and discharge SDCBF.
Breaches of these terms and conditions
Without prejudice to SDCBF's other rights under these terms and conditions, if you breach these terms and conditions in any way, SDCBF may take such action as SDCBF deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
SDCBF may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
SDCBF may transfer, sub-contract or otherwise deal with SDCBF rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Disclaimers
USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT USER'S SOLE RISK. NEITHER SDCBF, ITS SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE WEBSITE.
THE WEBSITE, ALL CONTENT AND INFORMATION PROVIDED THEREIN, IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SDCBF, ANY OF ITS EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. USER HEREBY ACKNOWLEDGES THAT SDCBF IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND USER RELEASES SDCBF FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MIGHT HAVE ADDITIONAL RIGHTS.
Law and jurisdiction
These Terms and Conditions of Use will be governed by, construed and enforced in accordance with the laws of the State of Illinois and the federal laws of the United States of America. Users agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Chicago, Illinois for any disputes arising from or related to the Website or these Terms and Conditions of Use. These Terms and Conditions are not intended to alter the terms or conditions of any other agreement you may have with SDCBF to the extent that those agreements govern issues other than your use of the Website. Should any provision in these Terms and Conditions be found invalid or unenforceable for any reason, that provision will be deemed severable from the terms and will not affect validity or enforceability of the remaining provisions. These Terms and Conditions may not be altered by action, inaction or course of dealing between the parties. These Terms and Conditions may only be altered by (a) prior written mutual agreement between SDCBF and User; or (b) SDCBF posting revisions on the Website. Failure by SDCBF to object to a User's behavior, conduct or action does not constitute a consent, ratification or waiver of objection.