WELCOME TO THE
CROSSFIT Prosper
Terms & Conditions
CROSSFIT PROSPER TERMS AND CONDITIONS OF USE OWNERSHIP
Welcome to the CROSSFIT PROSPER web site at
(‘Site’) which is owned by CROSSFIT PROSPER. This Site is operated by CROSSFIT
PROSPER and materials on the Site are primarily owned by CROSSFIT PROSPER. The
Site may also include materials owned by third parties and posted on the Site
by virtue of a license, grant or some other form of agreement between the third
party and CROSSFIT PROSPER. CROSSFIT PROSPER has created this Site for your
personal enjoyment, entertainment and education. However, you are only
authorized to access this Site or to use the materials contained in the Site
(regardless of whether your access or use is intended) if you agree to abide by
all applicable laws, and to these Terms of Use and Privacy Policy which
constitute an Agreement between you and D-TOWN CROSSFI. Please read these Terms
of Use carefully and save them. If you do not agree with them, you should leave
this Site immediately. Any questions or comments regarding, or problems with,
this Site should be sent to the Site Administrator at
.
CROSSFIT PROSPER reserves the right to modify or amend this Agreement
without notice at any time. It is therefore important that you read this page
regularly to ensure you are updated as to any changes.
If you become aware of misuse of this Site by any person, please contact the
Site Administrator at
with your concerns.
ACCESS AND USE
All materials contained in this Site are protected by U.S. and international
trademark and copyright laws and must only be used for personal, non-commercial
purposes. This means that you may only view or download material from this Site
for your own use and you must keep all copyright and other proprietary notices
attached to the downloaded material.
You may not use any deep-link, page-scrape, spider, robot, crawl, index,
Internet agent, or other automatic device, program, algorithm or technology
which does the same things, to use, access, copy, acquire information, generate
impressions, input information, store information, search, generate searches,
or monitor any portion of the CROSSFIT PROSPER website.
The reproduction, duplication, distribution (including by way of email,
facsimile or other electronic means), publication, modification, copying or
transmission of material from this Site is STRICTLY PROHIBITED unless you have
obtained the prior written consent of CROSSFIT PROSPER or unless it is
expressly permitted by this Site. The material covered by this prohibition
includes, without limitation, any text, graphics, logos, photographs, audio or
video material or stills from audiovisual material available on this Site. The
use of materials from this Site on any other web site or networked computer
environment is similarly prohibited. Requests for permission to reproduce or
distribute materials found on this Site can be made by contacting CROSSFIT
PROSPER in writing at Business & Legal Affairs CROSSFIT PROSPER at or email at
You are also strictly prohibited from creating works or materials that
derive from or are based on the materials contained in this Site including,
without limitation, fonts, icons, link buttons, wallpaper, desktop themes,
on-line postcards and greeting cards and unlicensed merchandise. This
prohibition applies regardless of whether the derivative materials are sold,
bartered or given away.
You agree that any Message whatsoever submitted by you becomes the property
of CROSSFIT PROSPER and may be used, copied, sublicensed, adapted, transmitted,
distributed, publicly performed, published, displayed or deleted as CROSSFIT
PROSPER sees fit.
UNSOLICITED SUBMISSIONS
If unsolicited submissions are sent to CROSSFIT PROSPER via this Site, these
submissions become the property of CROSSFIT PROSPER and may be used, copied,
sublicensed, adapted, transmitted, distributed, publicly performed, published,
displayed or deleted as CROSSFIT PROSPER 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 CROSSFIT
PROSPER, its parents or affiliates relating to unsolicited submissions,
including, without limitation, unfair competition, breach of implied contract
or breach of confidentiality.
EMPLOYMENT OPPORTUNITIES
CROSSFIT PROSPER may, from time to time, post CROSSFIT PROSPER employment
opportunities on the Site and/or invite users to submit resumes to it. If you
choose to submit your name, contact information, resume and/or other personal
information to CROSSFIT PROSPER in response to employment listings, you are
authorizing CROSSFIT PROSPER to utilize this information for all lawful and
legitimate hiring and employment purposes. CROSSFIT PROSPER also reserves the
right, at its sole discretion, to forward the information you submit to its
parents, subsidiaries and affiliates for legitimate business purposes. Nothing
in these Terms of Use or contained in the Site shall constitute a promise by CROSSFIT
PROSPER to interview, hire or employ any individual who submits information to
it, nor shall anything in these Terms of Use or contained in the Site
constitute a promise that CROSSFIT PROSPER will review any or all of the
information submitted to it by users.
LINKED SITES AND ADVERTISING
If you are interested in creating hypertext links to this Site, you must
contact CROSSFIT PROSPER Marketing at , before doing
so. In establishing hypertext links, you must not represent in any way,
expressly or by implication, that you have received the endorsement,
sponsorship or support of this Site or CROSSFIT PROSPER, including its
respective employees, agents, directors, officers and shareholders.
If CROSSFIT PROSPER has provided links or pointers to other web sites, no
inference or assumption should be made and no representation should be implied
that CROSSFIT PROSPER is connected with, operates or controls these web sites.
CROSSFIT PROSPER is not responsible for the content or practices of third
party web sites that may be linked to this Site. This Site may also be linked
to other web sites operated by companies affiliated or connected with CROSSFIT
PROSPER. When visiting other web sites, however, you should refer to each such
web site’s individual “Terms of Use” and not rely on this Agreement.
CROSSFIT PROSPER does not endorse and takes no responsibility for third
party advertisements which are posted on this Site, nor does it take any
responsibility for the goods or services provided by its advertisers.
CROSSFIT PROSPER reserves the right, at any time, for any reason not prohibited
by law, to deny permission to anyone linking a website to
.
TERMINATION
CROSSFIT PROSPER reserves the right to immediately terminate your use of, or
access to, this Site at any time if CROSSFIT PROSPER decides at its sole
discretion that you have breached this Agreement or any relevant law, rule or
regulation or you have engaged in conduct that CROSSFIT PROSPER considers to be
inappropriate or unacceptable.
COPYRIGHT INFRINGEMENT
If you believe that any material contained in this Site infringes your
copyright, you should notify CROSSFIT PROSPER of your copyright infringement
claim in accordance with the following procedure. CROSSFIT PROSPER will process
notices of alleged infringement which it receives and will take appropriate
action as required by the Digital Millennium Copyright Act (“DMCA”) and other
applicable intellectual property laws. The DMCA requires that notifications of
claimed copyright infringement should be sent to this Site’s Designated Agent
who is: Legal Department, CROSSFIT PROSPER, , or
e-mail:
.
To be effective, the notification must be in writing and contain the
following information (DMCA, 17 U.S.C. 512(c)(3)): 1. Physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed; 2. Identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative list of such
works at that site; 3. Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material; 4.
Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted; 5. A
statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; 6. A statement that the information in the notification
is accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Your name, address, telephone number and email address;
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction for D-TOWN CROSSFIT would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;
A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your written or electronic signature attesting to the above.
DISCLAIMER OF LIABILITY AND WARRANTIES
While CROSSFIT PROSPER does its best to ensure the optimal performance of
the Site, you agree that you use this Site and rely on material contained in
this Site at your own risk. To the maximum extent permitted by law, the Site,
and all materials in this Site, are provided “as is” and, to the fullest extent
permitted by law, are provided without warranties of any kind either express or
implied. This means, without limitation, that CROSSFIT PROSPER DOES NOT WARRANT
that the Site is fit for any particular purpose; that the functions contained
in the materials in the Site will be uninterrupted; that defects will be
corrected; that the Site is free of viruses and other harmful components or
that the Site is accurate, error free or reliable. You acknowledge that CROSSFIT
PROSPER, its parents and affiliates together with their respective
shareholders, members, directors, officers, and our and their employees,
representatives, and
agents, ARE NOT LIABLE for any delays, inaccuracies, failures, errors,
omissions, interruptions, deletions, defects, viruses, communication line
failures or for the theft, destruction, damage or unauthorized access to your
computer system or network.
You acknowledge that CROSSFIT PROSPER is not liable for any defamatory,
offensive or illegal conduct or material found in connection with this Site,
including such conduct or material transmitted by any means by any other
person.
You acknowledge that CROSSFIT PROSPER is not liable for any damages,
including, without limitation, direct, incidental, special, consequential or
punitive damages, in connection with or arising from your use or from your
inability to use the Site.
NO WARRANTY
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS
PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR
CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This warranty gives
you specific legal rights and you may also have other legal rights that vary
from state to state.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR OUR OR THEIR
SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR OUR
SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR
SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE OR ANY OTHER
CONDUCT).
OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES,
AND OUR OR THEIR SHAREHOLDERS, MEMBERS. OFFICERS, DIRECTORS, EMPLOYEES,
REPRESENTATIVES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE
IS LIMITED TO $50. Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may
not apply to you. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE
ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE
(1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR
OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
INDEMNITY
You agree to defend, indemnify and hold harmless CROSSFIT PROSPER, its
parents and affiliates, together with their respective shareholders, members,
officers, directors, franchisees, employees, and agents, from and against all
the liabilities, claims, damages and expenses (including reasonable attorney’s
fees and costs) arising out of your use of this Site; your failure to use the
Site; your breach or alleged breach of this Agreement or your breach or alleged
breach of the copyright, trademark, proprietary or other rights of third
parties.
LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of our service and your
bidding on, listing, purchase, solicitation of offers to purchase, and sale of
items.
SWEEPSTAKES AND/OR CONTESTS
Sweepstakes, contests, games and other promotions run on CROSSFIT PROSPER
web sites may require the visitor to provide some personally identifiable
information such as full name, address, e-mail address, and phone number, in
order to participate. CROSSFIT PROSPER may use a reputable third party to
manage and administer some or all of its sweepstakes and/or contests. This
third party may have access to some or all of the personally identifiable
information that is provided by the visitor in order to participate in the
sweepstakes and/or contest. In those instances, the third party will be
instructed by
CROSSFIT PROSPER to use the personally identifiable information only for the
specific sweepstakes and/or contest related purpose for which it was requested,
and in compliance with the
CROSSFIT PROSPER Privacy Policy. Most often this information is used only to
select and contact winners of the sweepstakes and/or contests. Any other use of
the personally identifiable information by the third party is strictly
prohibited. Our sweepstakes and/or contests are targeted to individuals 18
years of age and older, and individuals under 18 years of age are not eligible
to participate. CROSSFIT PROSPER requires proof of age in order for an
individual to collect any prizes awarded. Individuals may only be a prize
winner once in any ninety (90) day period.
GENERAL PROVISIONS
This Agreement operates to the fullest extent permissible by law. If any
provision of this Agreement is unlawful, void or unenforceable, that provision
is deemed severable from this Agreement and does not affect the validity and
enforceability of any remaining provisions. This Agreement is governed by, and
construed in accordance with, the laws of the State of Texas without giving
effect to any principles of conflicts of law.
NOTICES
Except as explicitly stated otherwise, any notices shall be given by postal
mail to CROSSFIT PROSPER Attn: Legal Department, ,
(in the case of CROSSFIT PROSPER) or to the email address you provide to CROSSFIT
PROSPER during the registration process (in your case). You are solely
responsible for providing a valid email address to CROSSFIT PROSPER for the
purpose of receiving notices. Notice shall be deemed given 24 hours after email
is sent. Alternatively, we may give you notice by certified mail, postage
prepaid and return receipt requested, to the address provided to CROSSFIT
PROSPER during the registration process. In such case, notice shall be deemed
given 3 days after the date of mailing.
RESOLUTION OF DISPUTES
In the event a dispute arises between you and
CROSSFIT PROSPER
, our goal is to provide you with a neutral and cost
effective means of resolving the dispute quickly. Accordingly, you and
CROSSFIT PROSPER
agree that any claim or controversy at law or equity
that arises out of this Agreement or our services (“Claims”) shall be resolved
in accordance with the provisions below or as otherwise mutually agreed upon in
writing by the parties. Before resorting to formal proceedings, we strongly
encourage you to first contact us directly to seek a resolution and we will
consider reasonable requests to resolve the dispute through alternative dispute
resolution procedures, such as mediation, as an alternative to litigation.
BINDING ARBITRATIONAll disputes which cannot be resolved informally between
the parties, and causes of action arising out of or connected with the Site,
must be submitted to binding arbitration and decided on an individual basis,
without the right for any claims to be pursued or decided as a class,
consolidated, collective or representative action. The arbitration shall be
conducted exclusively in Dallas County, Texas, on a confidential basis pursuant
to the Federal Arbitration Act. Any decision or award as a result of any such
arbitration proceeding shall be in writing and shall provide an explanation for
all conclusions of law and fact and shall include the assessment of costs,
expenses, and reasonable attorneys’ fees. An award of arbitration may be confirmed
in a court of competent jurisdiction.
You agree that this Agreement and all incorporated agreements may be
automatically assigned by
CROSSFIT PROSPER
in our
sole discretion, Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. Our failure to
act with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. This Agreement sets forth the
entire understanding and agreement between us with respect to the subject
matter hereof.
DISCLOSURES
The services hereunder are offered by CROSSFIT PROSPER, located at .
COPYRIGHTS (C) / TRADEMARKS (™)
(C) 2024 CROSSFIT PROSPER. All trademarks are owned by CROSSFIT PROSPER or
are used under license. All rights reserved. All materials contained in
CROSSFIT PROSPER web sites are protected by copyright and trademark and shall
not be used for any purpose whatsoever other than private, non-commercial
viewing purposes. Reproduction, duplication, distribution, derivative works,
and other unauthorized copying or use of stills, audio, video footage, or any
other materials contained herein are expressly prohibited.
Certain activities provided via the website may be covered by U.S. Patent
5,930,474
GYM CLASSES
WHAT YOU GET FROM ENDURANCE MEMBERSHIP
A small river named Duden flows by their place and supplies it with the necessary regelialia.
GYM CLASSES
GROUP BASED
60 minute group class that consists of high intensity interval training. CrossFit is a strength and conditioning workout made up of functional movements performed at a high intensity level. These movements are actions that you perform in your day-to-day life, like squatting, pulling, pushing etc
GYM CLASSES
GROUP BASED
60 minute group class that consists of high intensity interval training. CrossFit is a strength and conditioning workout made up of functional movements performed at a high intensity level. These movements are actions that you perform in your day-to-day life, like squatting, pulling, pushing etc
GYM CLASSES
GROUP BASED
60 minute group class that consists of high intensity interval training. CrossFit is a strength and conditioning workout made up of functional movements performed at a high intensity level. These movements are actions that you perform in your day-to-day life, like squatting, pulling, pushing etc
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