WERQ
TERMS &
CONDITIONS

These Terms of Use were last updated on March 16, 2020.

 

Welcome to WERQFitness.com! These Terms of Use (“Terms”) are between you and WERQ Fitness, LLC (collectively, “WERQ Fitness”, “we” or “us”) and governs your use of this website and  subdomains (including, werqfitness.com, shop.werqfitness.com and members.werqfitness.com), any websites or apps that link to these Terms, and any related services offered through those websites or apps (collectively, the “Website”). Your use of the Website requires that you agree to the following terms. If you do not understand the Terms, or do not accept any part of them or our Privacy Policy (incorporated herein by reference), then you should not use the Website.

 

PLEASE NOTE: If you are a WERQ Fitness certified instructor and/or have been given access to the instructor site currently located at members.werqfitness.com, you may be required to accept additional agreements with WERQ Fitness (collectively, the “WERQ Instructor Agreements”). If there is any conflict between the Terms and any WERQ Instructor Agreements, the WERQ Instructor Agreements shall prevail. Only authorized personnel are granted access to the instructor site.

 

1. YOUR USE OF THE WEBSITE

 

In order to use the Website you must be 13 years of age or older. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian’s permission to use the Website and to accept the Terms. 

 

In order to access certain aspects of the Website, you may be required to provide information about yourself such as your name, address, and billing details. The information we collect, including information obtained from third parties, will be used in accordance with our Privacy Policy. Any such information you provide to WERQ Fitness must always be accurate, correct and up to date. WERQ Fitness may need to provide your personal information, such as your name and email address, to third parties for the purposes of processing your transactions. You must keep your user details secure and must not share them with anyone else. 

 

If WERQ Fitness disables access to your account in accordance with the Terms (for example if you violate the Terms), you may be prevented from accessing the Website or your account details.

 

 

The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available at any particular time. Products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation. 

 

The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or detail of actual products will be accurate. In no event will anything contained in these Terms or any area of the Website be construed as a representation or guarantee with respect to any content, services or products. We do not guarantee the accuracy, completeness or usefulness of any descriptions or other content. In addition, we may make changes to information about price, availability or other product attributes without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer, or to cancel any order, including after it is submitted. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. 

 

With respect to the shipment of products and services sold through the Website, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

 

Returns: All sales are final and we do not accept returns or provide refunds for any products or services sold through the Website, unless the item is damaged or defective. All damaged/defective items must be reported within 30 days of your order’s ship date. If we are notified of your damaged item(s) after the 30-day timeframe, we will be unable to process your request. Please forward any return requests to WERQ Fitness using the contact information provided at the end of this document. Returns must be in original condition, unworn/unused with attached tags, manufacturer’s tags and/or any accompanying materials that were originally included when the item was received. All items will be inspected upon return and will be declined if the item does not fall within our return policy. 

 

 

The Website contains content and materials, including without limitation, software, computer code, artwork, text, graphics, photographs, video, animations, sounds, musical compositions, audio-visual effects, titles, themes, objects, icons, virtual items, concepts, effects, methods of operation and documentation, and the selection and arrangement thereof (the “Content”) and the trademarks, service marks, trade dress and logos contained therein, including but not limited to, WERQ, WERQ Fitness, WERQaholics, TeamWERQ and HomeWERQ (the “Marks”). As between you and WERQ Fitness, all Content and Marks are owned by WERQ Fitness or its licensors. All other trademarks, service marks, trade names and logos used on the Website, with or without attribution, are the property of their respective owners.

 

You acknowledge and agree that the Content and Marks are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws of the United States and similar laws of other jurisdictions. WERQ Fitness reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Content and Marks. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by using or accessing the Website.

 

Subject to your compliance with these Terms, WERQ Fitness grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Website, solely for your personal, non-commercial use.

 

4. UNAUTHORIZED USE OF THE WEBSITE

 

You agree not to (a) use the Website for any use or purpose other than as expressly permitted by these Terms; (b) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, Content or any portion thereof, except as expressly permitted in these Terms; (c) use the Website for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Website; (d) remove any proprietary notices or labels in the Website; (e) use automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Website; (f) gain unauthorized access to the Website, other users’ accounts, names, passwords, personally identifiable information or other computers or website; (g) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Website or the rights of use and enjoyment of the Website by any other person, firm or enterprise; (h) send or transmit junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called “spamming” and “phishing”; or (i) use the Website in any manner which violates or is inconsistent with the terms and conditions of these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by WERQ Fitness or its licensors, except for the permissions and rights expressly granted in these Terms.

 

WERQ Fitness reserves the right to refuse any user access to the Website without notice for any reason, including, but not limited to, a violation of these Terms.

 

5. THIRD PARTY SERVICES

 

The Website may provide you with links or other access to other websites, services, products or content of third parties, including the Other Platforms, as defined in Section 6 below (“Third Party Sites”). We have no control over, and do not necessarily endorse, any Third Party Site’s services, products or content. You acknowledge and agree that you access such Third Party Sites at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend that you read the terms of use and privacy policies of each Third-Party Site that you access.

 

6. USER GENERATED CONTENT

 

We may permit users to post content in certain areas of the Website or on other websites or platforms that we own or operate, including on social media platforms such as Facebook, Instagram, Twitter and Pinterest (“Other Platforms”). You are solely responsible for any content (including, without limitation, photos, artwork, videos, text, graphics, and other information) you upload, post, display or otherwise provide to us through the Website or Other Platforms (“User Content”). We are not responsible, nor do we assume liability, for any User Content posted by you or any other party. Any User Content you post or provide, including any questions, reviews, comments and suggestions, will be treated as non-confidential and non-proprietary. 

 

By sharing User Content with us, you grant us a worldwide, royalty-free, perpetual, irrevocable and transferable right to use, copy, reproduce, perform, distribute, display, publish, sell, and create derivative works of, the User Content, and to grant and authorize sub-licensees of the foregoing. Additionally, we are free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, without limitation, developing, producing and marketing products and services which incorporate such User Content. 

 

You represent and warrant that: (a) you own the User Content posted by you on the Website or otherwise have the right to grant the license set forth in this Section 6; (b) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity; and (c) the posting of User Content on the Website does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content you post on the Website. We are under no obligation to screen or monitor User Content, but may review User Content from time to time at our sole discretion to review compliance with these Terms of Use. We may reject, refuse to post, edit or remove any User Content at any time without notice, for any or no reason.

 

7. DISCLAIMER OF WARRANTY  

 

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE CONTENT AND INFORMATION POSTED ON THE WEBSITE, AND THE PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE, ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WERQ FITNESS DISCLAIMS AND EXCLUDES ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE, ITS CONTENT AND THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE.

 

8. LIMITATION OF LIABILITY  

 

IN NO EVENT SHALL THE WERQ FITNESS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE CONTENT, YOUR INABILITY TO USE THE WEBSITE, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE, EVEN IF WERQ FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WERQ FITNESS’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (a) THE PURCHASE PRICE FOR THE ITEM AT ISSUE, IF APPLICABLE; or (b) $10.00.

 

9. INDEMNIFICATION  

 

You agree to defend, indemnify and WERQ Fitness, its subsidiaries, affiliates, suppliers, and licensors and each of their respective officers, agents, partners and employees (the “Website Parties”) harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, issued by any third party due to or arising out of your use of the Website in violation of these Terms of Use and/or arising from a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein).

 

10. TERMINATION 

 

In addition to any right or remedy that may be available to us under these Terms or under applicable law, we may limit, suspend, or terminate your access to the Website or Other Platforms (including, without limitation, your account registration and your ability to post User Content), at any time, with or without notice, and with or without cause. We also may refer any information on illegal activities, including your identity, to the proper authorities.

 

Termination of your account may include: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files, materials and content; and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in WERQ Fitness’s sole discretion and that WERQ Fitness shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.

 

11. CHANGES TO THIS AGREEMENT  

 

WERQ Fitness reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective immediately or, where required by law, 30 days after their publication in connection with the Website. WERQ Fitness may notify you of any such changes by posting the notice of such changes on the WERQ Fitness website or sending notice via other means. Your continued use of the Website after any changes or modifications to these Terms are posted will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Website.

 

12. DMCA POLICY

 

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

 

 

Our designated Copyright Agent to receive DMCA Notices is:

 

WERQ Fitness, LLC

1534 Burlington St., Ste. 101

North Kansas City, MO 64116

Email: info@werqfitness.com

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

 

13. GENERAL PROVISIONS

 

You may not assign (whether by operation of law or otherwise), transfer or delegate your rights or obligations under these Terms without the prior written consent of WERQ Fitness. WERQ Fitness reserves the right to assign its rights and obligations hereunder, as it deems appropriate. All the terms and provisions herein will be binding upon and inure to the benefit of the parties, their successors, assigns and legal representatives. 

 

These Terms will be subject to and interpreted in accordance with the laws of the State of Missouri as if executed and wholly to be performed therein. Jurisdiction for litigation of any dispute, controversy, or claim arising out of or in connection with these Terms shall be exclusively in a federal or state court having subject matter jurisdiction located in Kansas City, Missouri.  You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

These Terms contain the entire understanding of the parties concerning the subject matter hereof, and shall not be modified except by a written instrument signed by the party to be bound. Any waiver, in whole or in part, of any provision of these Terms will not be considered to be a waiver of any other provision. If any portion of these Terms is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of the Terms shall remain in full force and effect.

 

14. CONTACTING US  

 

If you have any questions about these Terms or products available on the Website, please contact us at:

 

WERQ Fitness, LLC

1534 Burlington St., Ste. 101

North Kansas City, MO 64116

Email: info@werqfitness.com

 

• Information About You Received From an SNS.  We may allow you to access or login to the Website using a SNS, in which case you are allowing WERQ Fitness access to the Personal Information you have provided to that SNS. The information shared varies from service to service and is also controlled by the privacy settings you established at the SNS. The information we collect when you access the Website on an SNS may include: your first and last name, your user ID, the user IDs of your friends, your profile picture, your locale, city, state and country, your e-mail address, your gender and your birthdate. By using the Website through an SNS, you are authorizing WERQ Fitness to collect, store, and use in accordance with this Privacy Policy any and all information that you agreed the SNS could provide to WERQ Fitness.
• Information You Give To Us Directly. When you interact with the Website, we may collect, store, and use information from you directly that you voluntarily provide to us. For example, we may allow you to register with us by creating an account or profile within the Website, in which case you may be required to provide certain identifying information, such as your name, address, age, e-mail address, a password and other information that helps us confirm that it is you accessing your account. In addition, you may voluntarily submit personal information when you make a purchase, sign up for newsletters, send us feedback, or post on our Facebook fan page. 
• Payment Information.  Because we use a third-party payment service to process transactions on the Website (e.g., for purchases of merchandise), we generally do not collect sensitive payment information, such as your credit card number. We may, however, collect and use information related to your purchases and purchase history. 
• Technical Usage Information and Cookies.  Log Data and Mobile Devices.  When you use the Website, we or our service providers may record information that your browser sends whenever you visit a website (“Log Data“). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, the webpage you were visiting before you came to the Website, pages of the websites involved in the Website that you visit, the time spent on those pages, information you search for, access times and dates, and other information. If you access the Website from a mobile or other device, we or our service providers may collect a unique device identifier assigned to that device or other transactional information for that device, such as your device type and operating system.  Cookies and Local Storage.  We may also use cookies and other tracking technologies (including but not limited to browser cookies, pixels, beacons, and Adobe flash technology), which are comprised of small bits of data that often include an anonymous unique identifier. Websites send this data to your browser when you first request a web page and then store the data on your computer so the website can access information when you make subsequent requests for pages from that Website. These technologies may be used to collect and store information about your usage of Website, such as pages you have visited and search queries you have run. Information contained in a cookie may also be linked to your Personal Information for purposes such as improving the quality of the Website and making the Website easier to use. You can disable cookies at any time, although, if you do so, you may not be able to access or use the Website or certain of its features. 
• Customer Support Information.  When you ask for assistance about the Website, we will collect and store the contact information you provide (generally your name and e-mail address), information about your activity on the Website, and your user ID number, if applicable. We will also store and use the correspondence and any information contained within.

• To Provide and Manage the Website.  We use the information we collect from and about users to provide the Website and features to you, including to analyze and improve those services and features; to personalize your experience by delivering relevant content, advertising, and marketing messages; to process payments and orders; to allow you to comment on the Website; and to provide you with customer support and respond to inquiries. We may combine Personal Information with Non-Personal Information and use this combination in an effort to improve your experience or to aggregate it with information collected from other users to improve or analyze our Website. This privacy policy in no way limits or restricts our collection of aggregate information or of Non-Personal Information.
• To Allow Third-Parties to Assist Us In Providing and Managing the Website.  We may make your non-public Personal Information available to certain third party service providers, such as contractors, agents, or sponsors, who help us manage or provide the Website by, for example: developing or supporting products and features, conducting e-mail marketing on our behalf, managing newsletters, web-hosting, processing payments, administering message boards, fulfilling orders, or processing data and statistics. These outside service providers are required to protect non-public Personal Information entrusted to them and not use it for any other purpose than the specific services they are providing to WERQ Fitness.
• To Contact You.  We are committed to providing you with the best possible user experience and, therefore, one of the primary uses of your personal information is to communicate with you. We may periodically contact you in connection with customer support inquiries and to alert you as to the status of your account. We may also contact you by e-mail for research purposes so that we can continually improve and update the Website based on your input. We may also send promotional e-mail directly or in partnership with parties other than WERQ Fitness to provide you with special offers and other services. If you want to stop receiving promotional materials from WERQ Fitness or its partners, follow the unsubscribe instructions at the bottom of each party’s e-mail. There are certain service notification e-mails that you may not opt-out of as long as you are registered with the Website, such as notifications of changes to the Website or policies.
• To Deliver Relevant Advertising. We may partner with third-party service providers to serve ads on our behalf both on the Website and/or on non-affiliated third-party websites, such as Facebook and Instagram. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information we or the online advertising network serving the ad collect about your online activities. For example, anonymous information collected across multiple websites that you visit over time may enable the ad network to predict your preferences and show you ads that are most likely to be of interest to you. Please note that we do not share any information that identifies you personally with the third-party service providers who serve ads on our behalf. To opt out of these types of ads, please visit the Network Advertising Initiative for information about how to opt-out of interest-based advertising by their members. See http://www.networkadvertising.org for general information about the NAI and http://www.networkadvertising.org/managing/opt_out.asp for the opt-out page. You may also visit http://www.aboutads.info/consumers/ to learn about online behavioral advertising and how to opt-out from online behavioral ads served by some or all participating companies. Note that if you opt-out of these types of ads, you may still see our ads at other websites, but the ads will not be tailored using third party tracking technologies associated with our Website.
• Legal Matters; Safety.  We may, without your consent, access and disclose your information, any communications sent or received by you, and any other information that we may have about you as may be permitted or required by law (including, but not limited to, court order or subpoena), or to prevent or investigate suspected fraud, violations of our Terms of Use or this Privacy Policy, or activity that appears to us to be illegal or may expose us to legal liability. 
• Sale or Transfer of Assets.  If WERQ Fitness sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, WERQ Fitness may transfer your Personal Information to the party or parties involved in the transaction as part of that transaction.