Agreement between User and www.enduretrainingco.com
Welcome to www.enduretrainingco.com. The www.enduretrainingco.com website (the “Site”) is comprised of various web pages operated by Endure Athletics LLC (“Endure Training Co.”). www.enduretrainingco.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.enduretrainingco.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting www.enduretrainingco.com or sending emails to Endure Training Co. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Endure Training Co. is not responsible for third party access to your account that results from theft or misappropriation of your account. Endure Training Co. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Endure Training Co. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.enduretrainingco.com only with permission of a parent or guardian.
Cancellation Policy – Customers must given 30-days written notice prior to their cancellation being processed. Customers are entitled to a full refund less any processing fees in the event they are charged in error and have not used any of the services associated with the payment.
Links to Third Party Sites/Third Party Services
www.enduretrainingco.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Endure Training Co. and Endure Training Co. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Endure Training Co. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Endure Training Co. of the site or any association with its operators.
Certain services made available via www.enduretrainingco.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.enduretrainingco.com domain, you hereby acknowledge and consent that Endure Training Co. may share such information and data with any third party with whom Endure Training Co. has a contractual relationship to provide the requested product, service or functionality on behalf of www.enduretrainingco.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Endure Training Co. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Endure Training Co. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Endure Training Co. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Endure Training Co. or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Endure Training Co. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Endure Training Co. Content accessed through www.enduretrainingco.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Endure Training Co., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Endure Training Co. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Endure Training Co. in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ENDURE ATHLETICS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ENDURE ATHLETICS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ENDURE ATHLETICS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Endure Training Co. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Endure Training Co. as a result of this agreement or use of the Site. Endure Training Co.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Endure Training Co.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Endure Training Co. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Endure Training Co. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Endure Training Co. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Endure Training Co. reserves the right, in its sole discretion, to change the Terms under which www.enduretrainingco.com is offered. The most current version of the Terms will supersede all previous versions. Endure Training Co. encourages you to periodically review the Terms to stay informed of our updates.
ENDURE TRAINING CO. Liability Waiver
1) Health Information: Client (when used hereinafter includes Client and Client’s parent(s) or legal guardians of Client, if applicable represents and warrants that he/she is physically fit and has no medical condition that would prevent full participation in training provided by Endure Training Co.. Furthermore, Client represents that he/she is not aware of any existing mental or physical condition that might reasonably be expected to put him/her at any risk while training and using the facility and equipment. Client understands that it is his/her responsibility to consult with a physician prior to and regarding participation in any training provided by Endure Training Co.. In consideration of being permitted to participate in physical training provided by Endure Training Co., Client agrees to assume full responsibility for any risk, injuries or damages known or unknown, which Client may incur as a result of participation in any of the program(s). Client knowingly, voluntarily and expressly waives any claim that Client may have against Endure Training Co. and its employees for injuries or damages that Client may sustain as a result of participating in any Endure Training Co. program.
2) Compliance with Rules and Regulations: Client agrees to comply with all rules and regulations as suggested by Endure Training Co., including safety, acceptable clothing and footwear, hygiene and conduct. Furthermore, Client understands that Endure Training Co. prohibits the use of any drugs or steroids on the premises.
3) Duty of Care: Client agrees to exercise care while using the equipment and facilities for the protection of the Client and others.
4) Lost or Stolen Property: Endure Training Co. is not liable for any stolen or lost property of the Client or guest.
5) Postponement/Cancellations: Client understands that Endure Training Co. may postpone or cancel classes/programs due to illness, injury, weather or other event, at Endure Training Co.’s discretion.
6) Enforcement Delay: No failure or delay by Endure Training Co. in enforcing any right under this agreement will operate as a waiver of that right or prevent Endure Training Co. from exercising any other right under this Agreement. No amendment or waiver of any term of this Agreement will be effective unless it is in writing and signed by both parties.
7) Severability: If any provision of this Agreement is found to be invalid or unenforceable, it will be considered separate and severable from this Agreement and will not affect the validity or enforceability of any other term of this Agreement.
8) Law: This Agreement will be governed by the law of the State of New Jersey.
9) Release and Indemnity Agreement: I acknowledge that the exercise and fitness programs and the use of the exercise equipment offered by Endure Training Co. can provide for strenuous physical exercise, and I am aware of the inherent risk of serious physical injury, including but not limited to bodily injury, partial or total disability, paralysis, death and/or other dangers associated with the use of equipment and participation in the programs. In consideration of Endure Training Co. providing me with services, I hereby accept and fully assume all such risks and dangers and the possibility of personal injury, death, and property damage or loss resulting from such use and participation. I also hereby release, save harmless and indemnify Endure Training Co. and its employees, from any and all claims, actions, costs, expenses and demands in respect to death, injury, loss or damage that I or my next of kin may suffer arising out of or in connection with my use of the facility and equipment and/or my participation in the fitness programs, due to any cause whatsoever, including without limitation, the negligence of Endure Training Co. and its employees. I acknowledge that I have carefully read this “Waiver and Release” and fully understand that it is a release of liability and cannot be modified orally. This Agreement is governed by the laws of the State of New Jersey, and any litigation arising hereunder or as a result of Client’s use of the equipment and facilities shall be brought in the Superior Court of the State of New Jersey or Union County respectively. The parties agree to the exclusive jurisdiction of such court and waive the right to bring an action elsewhere.
10) Photo release: I hereby give my permission for images of myself, captured during regular and special activities, through video, camera and digital camera to be used solely for the purpose of promotional material, publications and websites. I waive any rights of compensation or ownership thereto. Last names will not be given or posted on the Internet or website.
Endure Training Co. welcomes your questions or comments regarding the Terms:
Endure Athletics LLC
1718 East Second Street
Scotch Plains, New Jersey 07076
Effective as of October 03, 2023