Terms of Use - Culture Of Fit

Website Terms of Use

Last Revised on January 1, 2018

Agreement Between Client and Culture Of Fit

Welcome to the CultureOfFit.com website (the "Website"). This Website is provided to assist clients in enrolling and participating in our services. The terms "we", "us", and "our" refer to Serena New York, Inc., a New York corporation, doing business as Culture Of Fit, and its subsidiaries. The term "you" refers to the client visiting the Website and/or signing up for our services on this Website.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms of Use” or "Agreement"). Please read these Terms of Use carefully, as they contain important information about the resolution of disputes in a New York court. You should also read our Privacy Policy, which also governs your use of the Website, and is incorporated by reference in this Agreement. By accessing or using this Website or signing up for any services on this Website, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use this Website or sign up for any of our services through this Website.

Use of the Website

As a condition of your use of this Website, you warrant that:

1. you are at least 18 years of age;

2. you possess the legal authority to create a binding legal obligation;

3. you will use this Website in accordance with these Terms of Use;

4. you will only use this Website to make legitimate registrations to participate in our services;

5. all information supplied by you on this Website is true, accurate, current and complete; and

6. if you have a CultureOfFit.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

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Disputes

Culture Of Fit is committed to client satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.

You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our employees or Independent Contractors, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting Culture Of Fit at This email address is being protected from spambots. You need JavaScript enabled to view it. or (646)-460-6787. If we are not able to resolve your Claims within 120 days, you may seek relief through a New York court, as set forth below.

Any and all Claims will be resolved by a New York federal or state court. This includes any Claims you assert against us or our subsidiaries. This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required resolution by a New York federal or state court.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action.

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Prohibited Activities

The content and information on this Website (including, but not limited to, price and dates) as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, products, or services obtained from or through this Website. Additionally, you agree not to:

1. use this Website or its contents for any commercial purpose;

2. make any speculative, false, or fraudulent registration;

3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

6. deep—link to any portion of this for any purpose without our express written permission; or

7. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

If your activity on our Website or your account shows signs of fraud, abuse or suspicious activity, we may cancel any registrations associated with your name, email address or account, and close any associated Culture Of Fit accounts. If you have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you may be liable for monetary losses to us, including litigation costs and damages. To contest the cancellation of a registration or closure of an account, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..

We believe in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Website and, as stated above, is incorporated by reference, to understand our practices: Privacy Policy.

Liability Disclaimer

The Information, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, we do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of services displayed on this Website (including, without limitation, the pricing, dates, general product and services descriptions, etc.). In addition, we expressly reserve the right to correct any pricing or date errors on our Website and/or pending registrations made under an incorrect price or dates. In such event, if available, we will offer you the opportunity to keep your pending registration at the correct price or dates, or we will cancel your registration without penalty.

We make no guarantees about the availability of specific products and services. We may make improvements and/or changes on the Website at any time.

We make no representations about the suitability of the information, products and services contained on this Website for any purpose. All such information, products and services are provided “as is” without warranty of any kind. We disclaim all warranties and conditions that this Website, its servers or any email sent from us are free of viruses or other harmful components. We hereby disclaim all warranties and conditions with regard to this information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, any computer viruses, information, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if we have been advised of the possibility of such damages.

Indemnification

You agree to defend and indemnify us and any of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

1. your breach of these Terms of Use or the documents referenced herein;

2. your violation of any law or the rights of a third party; or

3. your use of this Website.

If you are aware of an infringement of our brand, please let us know by emailing us at This email address is being protected from spambots. You need JavaScript enabled to view it.. We only address messages concerning brand infringement at this email address.

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Account Termination

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Culture Of Fit has adopted a policy of terminating, in appropriate circumstances and at Culture Of Fit's sole discretion, account holders who are deemed to be repeat infringers. Culture Of Fit may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder is a repeat infringer, please provide information sufficient for us to verify that the account holder is a repeat infringer when filing your notice.

These Terms of Use are governed by the laws of New York. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and us as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and us with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.

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Changes to this Terms of Use

We may update this Terms of Use in the future. We will notify you about material changes to this Terms of Use by sending a notice to the email address you provided to us or by placing a prominent notice on our website.

How you can contact us

If you have questions about this Terms of Use, please email us to This email address is being protected from spambots. You need JavaScript enabled to view it..