Cat Myklebust Fitness – Terms of Use

PLEASE READ THIS DOCUMENT CAREFULLY.  Welcome to Cat Myklebust Fitness, an online platform offering health and fitness content, information, services, and products via the website www.catmyklebust.com and any other website, channel, application, mobile feature, and/or platform we operate (together, “Site”). By registering as a member or by using Cat Myklebust Fitness in any way, you accept these Terms of Use (“Agreement” or “Terms of Service”), which forms a binding agreement between you and Cat Myklebust Fitness. In this Terms of Use, the use of the words “Company,” “we,” “our,” and “us” refer to Cat Myklebust Fitness. The words “user,” “you,” and “your” refer to entities or individuals that access and/or use the Site.

1.  Your Acceptance of These Terms of Service

Prior to using Cat Myklebust Fitness, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Cat Myklebust Fitness service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE OR THE CAT MYKLEBUST FITNESS SERVICE.

By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account. 

2.  These Terms of Service May Change

We reserve the right to update or modify these Terms of Service at any time, without prior notice, by posting the revised version of these Terms of Service behind the link marked “Terms of Service”. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Service constitutes your agreement to be bound by the revised Terms of Service.

Whenever these Terms of Service are changed, we will update the “effective date” at the bottom of this page. Be sure you check the effective date to see if these Terms of Service have been revised since your last visit.

You may access the current version of these Terms of Service at any time by clicking on the link marked “Terms of Service” at the bottom of the main page of this Site.

3.  Your Acceptance of Our Privacy Policy

By agreeing to these Terms of Service, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information provided to us through this Site and in connection with Cat Myklebust Fitness will be handled in accordance with our Privacy Policy.

4.  Age Requirements for Use of the Service

By accessing and using the Service, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of the United States or other applicable jurisdiction. Registration, subscription, access to and use of the Service is not available to users under the age of 18 and are void where prohibited by applicable law.

5.  Children

Due to the nature of the Internet, we cannot prohibit minors from visiting the Site or using the Service.  However, the Site is not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Site or the Service. (See our Privacy Policy available on the Site for additional information about the Children’s Online Privacy Protection Act.) 

6.  HEALTH WARNING AND LIABILITY DISCLAIMER

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE: (A) A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, (B) IF YOU HAVE EVER EXPERIENCED CHEST PAIN OR OTHER DISCOMFORT WHEN EXERCISING, OR (C) IF YOU SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE CAT MYKLEBUST FITNESS SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.

THE CAT MYKLEBUST FITNESS SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE CAT MYKLEBUST FITNESS SITE OR AVAILABLE THROUGH THE CAT MYKLEBUST FITNESS SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE CAT MYKLEBUST FITNESS SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.

IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.

THE CAT MYKLEBUST FITNESS SITE IS CONTINUALLY UNDER DEVELOPMENT AND CAT MYKLEBUST FITNESS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE CAT MYKLEBUST FITNESS SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

CAT MYKLEBUST FITNESS SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE CAT MYKLEBUST FITNESS SERVICE.

7.  Subscription Services

This Cat Myklebust Fitness Site may offer certain Cat Myklebust Fitness Subscription Services.  By registering for a Cat Myklebust Fitness Subscription Service, you will be subject to any charges and rules set forth in the description of that service which may or may not be reflected in Additional Terms.

8.  Paid Services

Some Cat Myklebust Fitness services may be offered to you conditioned on your payment of a fee (each, a “Paid Subscription Service”). By using the Paid Subscription Service, you will be subject to any charges and rules set forth in the Additional Terms for that service, in addition to the general terms provided below. You may register for Paid Subscription Services by completing the applicable registration form.

In order to obtain access to the Paid Subscription Service, you must also pay a specified subscription fee.  Further details about the Paid Subscription Service can be found at www.themastera.com/catmyklebust. Cat Myklebust Fitness may, at its sole discretion, change the features and services offered in any of the Paid Subscription Service at any time. The Paid Subscription Services are available to US residents only. 

9.  Billing and Fees 

Before you register for a Paid Subscription Service, Cat Myklebust Fitness will provide notice of any charges.  By registering for a Paid Subscription Service, you agree to pay all fees and charges associated with the Paid Subscription Service on a timely basis and are responsible for any charges incurred by your account.  By providing any credit card or other payment card information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment card.  In the case of email, you must provide an accurate email address that is registered to you.  We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.

By registering for a Paid Subscription Service and providing your credit card information, you authorize Cat Myklebust Fitness to charge your credit card for the Paid Subscription Service fee at the then-current rate and any additional charges (including late charges and applicable federal, state, or local taxes).

If available, for a monthly paid subscription, you will be charged on the day of each month on the calendar day that corresponds with the commencement of your subscription.  If your payment date falls on a date that does not exist in that month (e.g., the 31st day of a month), we will bill your credit card on the last day of the applicable month.  However, you acknowledge that we reserve the right to change our billing methods effective upon notice to you.  You are responsible for promptly updating your information with any changes, especially to keep your billing information current.  You may visit your member account to update your credit card information, and you agree to maintain a valid credit card during the subscription term.  You are liable for any amounts that are unsettled and overdue.  We may deactivate your member account without notice if your payment is past due.  

10.  Free Trial 

Cat Myklebust Fitness may offer a free trial subscription of the Paid Subscription Service for a specified free trial period without payment (a “Free Trial”).  To initiate the Free Trial, you will be required to provide your credit card information, and you must cancel your subscription before the end of the Free Trial to avoid incurring any charges. 

Free Trials are limited to a single Paid Subscription Service, and you may not obtain more than a single Free Trial using the same name, email address, or credit card. If you have previously used the same name, email address or credit card to obtain a Free Trial, then the credit card associated to the account will immediately be charged applicable fee upon registration. Cat Myklebust Fitness may, at its sole discretion and to the fullest extent permitted by law, revoke or alter a Free Trial without notice to you and at any time. Your Free Trial will end as soon as you purchase a Paid Subscription Service.

Upon expiration of your Free Trial, unless you cancel the Paid Subscription Service for which you registered, you acknowledge that you will be automatically enrolled in the Paid Subscription Service you selected during registration and your credit card will automatically be charged the applicable fees (including applicable federal, state, or local taxes) for that Paid Subscription Service. 

11.  Automatic Renewal 

Your Paid Subscription Service will automatically renew unless you cancel your subscription before the end of your current subscription term.  Cancellation will be effective the day after the end of your current subscription term.  Your failure to cancel your subscription during the current term will result in the renewal of your subscription at the then-current subscription rate and for the same term as your current subscription. You may manage your renewal of the Paid Subscription Service by going to your Account Settings after purchase. 

12.  Subscription Rate Changes 

We may change the subscription rate from time to time.  If we do, we will provide you advance notice of any change in the subscription rate.  If you do not agree with the new subscription rate, you may cancel your subscription prior to the new subscription rate taking effect.  If you continue to use the Paid Subscription Service after the subscription rate has gone into effect, you will be charged the new rate until you cancel or the rate changes. 

13.  Data 

As part of your purchase of a Paid Subscription Service, you agree that data collected through the registration and payment process may be shared with our applicable payment service provider.  If you purchase the Paid Subscription Service online, such information will be shared with Processor. Your data will be handled in accordance with our Privacy Policy.

14.  Member Account and Password 

You are responsible for any membership name and password that is associated with your account during registration.  If the Paid Subscription Service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration.  It is your responsibility to maintain the confidentiality of your password, if one is established.  You are entirely responsible for any and all activities that occur under your account and agree to notify us immediately of any unauthorized use of your account.  You agree not to share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspensions or termination of your account. Cat Myklebust Fitness will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.

You agree to provide and maintain accurate, current and complete information for your accounts, including as applicable, your name, contact, and payment information.  You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's user name, password or other account information, or another person's name, image, photo or likeness, or if applicable, provide false details or a parent or guardian.  You agree that we might take steps to verify the accuracy of information you provide. 

15.  Intellectual Property Limited to Personal and Non-Commercial Use 

The Paid Subscription Services are for your personal and non-commercial use only.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or otherwise exploit any intellectual property from the Paid Subscription Services without our prior written consent.  Any improper use without permission or a license is infringement and is actionable under law.

16.  Termination/Cancellation 

You can terminate/cancel your Paid Subscription Service at any time by providing written notice via email to info@catmyklebust.com.  In the event that you cancel a Paid Subscription Service before the end of your subscription period, we will not return any portion of your subscription fee provided and you will be entitled to continue accessing the applicable Paid Subscription Service until the end of your membership period. 

For any termination by you, you must terminate at least 3 days before next billing cycle to avoid renewal of your Paid Subscription Service.  We reserve the right to terminate your access to a Paid Subscription Service or any portion thereof at any time, without notice.

 17.  Ownership of this Site and its Content

This Site, including all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including without limitation content submitted by users of this Site (collectively “Content”) are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Cat Myklebust Fitness or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, non-commercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

In addition, you may not collect personal information of Site members by electronic or other means for use in marketing or telemarketing applications or for the purpose of sending unsolicited email to those members. You may not frame any page of this Site and you may not link to any page of this Site other than the home page without prior authorization. 

18.  Removal of Content

In general: You can request removal of content you find objectionable by emailing us at info@catmyklebust.com. While we do not have any obligation to remove content from this Site merely because of a removal request, we will review all such requests and will remove content that we determine should be removed, in our sole discretion and in accordance with our Terms of Service and applicable law. Please be aware, however, that if the content has already been distributed to other Web sites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the content we remove from this Site may remain on back-up servers. 

Violation of copyrights: Cat Myklebust Fitness does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of Content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify our Copyright Agent immediately. Your notice must be in writing and must include:

     - an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;

     - a description of the copyrighted work that you claim has been infringed;

     - a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);

     - your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and

     - a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

     - a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

Generally, the information we collect using these Web technologies does not identify you personally. If, however, you have created a profile on this Site, we may link the information we collect using these Web technologies to other information that identifies you personally.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

19.  Trademarks

The Cat Myklebust Fitness names and logos, all product and service names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Cat Myklebust Fitness (the “Cat Myklebust Fitness Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on this Site are the property of their respective owners. You are not authorized to display or use the Cat Myklebust Fitness Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on this Site without the prior written permission of such owners. The use or misuse of the Cat Myklebust Fitness Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. In particular, you may not use any trademark displayed on this Site as a “hot” link without the prior written approval of the trademark owner.

20.  Your Obligations

In consideration of your use of this Site, you agree to provide true, accurate, current and complete information about yourself and to update that information as necessary. 

Any account you create through this Site is personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by emailing us at info@catmyklebust.com. Until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us. 

21.  DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE, THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW,CAT MYKLEBUST FITNESS AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAT MYKLEBUST FITNESS AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OR OTHER INFORMATION ON THIS SITE, OR TO ANY SITES WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

WHILE CAT MYKLEBUST FITNESS STRIVES FOR ACCURACY, IT DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR DATABASE ON THIS SITE. CAT MYKLEBUST FITNESS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED CAT MYKLEBUST FITNESS SPOKESPERSONS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, AFFILIATES, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU. 

22.  LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, THIRD PARTY PROVIDERS, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEB SITE WITH WHICH IT IS LINKED, OR ANY MERCHANDISE AVAILABLE ON THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

These Terms of Service give you specific legal rights and you may also have other rights which vary from state to state. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Service may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Service shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation. 

23.  Links to Other Sites

This Site may provide links to other Web sites operated by third parties. Because we have no control over third-party Web sites, we are not responsible for the availability of those Web sites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such Web sites. Cat Myklebust Fitness shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such Web sites. This Policy does not apply to your use of third-party Web sites; your use of such Web sites is subject to the terms and policies of the owner of such Web sites.

24.  Modification and Discontinuation

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site. 

25.  Interpretation

As used in these Terms of Service, the term “including” means “including, but not limited to.”

26.  Waiver

Our failure at any time to require performance of any provision of these Terms of Service or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Cat Myklebust Fitness of any breach of any provision of these Terms of Service or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Service. 

27.  Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.

28.  Governing Law, Jurisdiction and Venue

These Terms of Service will be governed under the laws of the State of Alaska without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Service will be venue exclusively in state or federal court in Alaska. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

29.  Indemnity 

You agree to indemnify and hold Cat Myklebust Fitness, its parent companies, subsidiaries, and affiliates, agents, subcontractors, third party providers, and each’s respective officers, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service and/or your use of this Site in violation of these Terms of Service and/or arising from a breach of these Terms of Service and/or any breach of your representations and warranties set forth above and/or if any content that you post on or through this Site causes us to be liable to another. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to provide us with such reasonable cooperation and information as we may request. 

30.  Entire Agreement

These Terms of Service (together with our Privacy Policy and any click-through agreements on this Site) contain the entire understanding and agreement between you and Cat Myklebust Fitness with respect to this Site and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic, between you and Cat Myklebust Fitness with respect to this Site and your use of this Site. 

31.  Questions Concerning These Terms of Service

If you have any questions about this Site or these Terms of Service, please contact us by e-mail at info@catmyklebust.com.

Last Updated:  June 15th, 2021