TERMS & CONDITIONS

DIGITAL TERMS OF USE

These Digital Terms of Use (together with the Additional Terms below, the “Terms”) set forth the terms and conditions applicable to and governing your access to and use of any and all website and apps, whether mobile, tablet, smart watch or otherwise, of Equinox Holdings, Inc. and any of its affiliates or subsidiaries under the BOOTYFIT WORKOUT, INC  (collectively, “BOOTYFIT WORKOUT, INC”, “”we,” “us,” or “our”) on which these Terms are posted, including all features, functionalities, services and content) made available through such websites and apps (collectively, the “Digital Properties”) BY USING THE DIGITAL PROPERTIES, OR ANY OF THE FEATURES, FUNCTIONALITIES, SERVICES OR CONTENT MADE AVAILABLE THROUGH THE DIGITAL PROPERTIES, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND AND AGREED TO THESE TERMS AND EXPRESSLY AGREE THAT THEY FORM A BINDING CONTRACT BETWEEN YOU AND BOOTYFIT WORKOUT INC.

LIMITED RIGHT TO USE DIGITAL PROPERTIES

LIMITED RIGHT TO USE THE DIGITAL PROPERTIES

Subject to your compliance with these Terms, BOOTYFIT WORKOUT, INC. gives you the limited, non-exclusive, non-transferable, and revocable right to access and use the Digital Properties solely for your personal and non-commercial use. However, BOOTYFIT WORKOUT, INC does not give you any right to, and you hereby agree not to do any of the following:

  • Use the Digital Properties or any portion thereof for any commercial purpose or for the benefit of any other person or entity, including without limitation by selling, renting, leasing, assigning, transferring, hosting, or otherwise commercially exploiting any Digital Property or any portion thereof.

  • Use a false email address or other identifying information, impersonate any person or entity or otherwise misrepresent your relationship with Equinox.

  • Use the Digital Properties for any unlawful purposes.

  • Copy, stream, reproduce, duplicate, archive, store (other than standard browser caching), download, publish, modify, make derivative works of, reverse engineer, translate, or distribute any Digital Property or portion thereof by any means, other than as expressly allowed by these Terms or as otherwise clearly contemplated by the features and functionalities of the Digital Properties – for example, by sharing Content through a social media “share” feature or downloading and using the Equinox mobile app. You may also print or save to your computer, phone or personal device a reasonable number of pages from the Digital Properties, but solely for your own personal, internal and non-commercial purposes.

  • Remove, alter, bypass, avoid or circumvent any copyright, trademark or other proprietary notice, digital rights management mechanisms or other content protection measures included in or associated with the Digital Properties or any Content. Similarly, you may not modify, remove, or otherwise interfere with any embedded player that may made available in connection with certain Content.

  • Use any software robots, spiders, crawlers, or similar data mining, gathering or extraction tools or methods, whether automated, programmed or manual, including without limitation to access, acquire, copy, monitor or make submissions through any portion of the Digital Properties.

  • Knowingly or intentionally take any other action that may impose an unreasonable burden or load on the Digital Properties or its servers and infrastructure.

Any unauthorized use by you, or otherwise under your account or on your computer or personal device, of the Digital Properties any portion thereof will immediately terminate the limited rights granted to you under these Terms, and such termination will be without prejudice to any other right or remedy Equinox may have under applicable law or in equity.

HEALTH DISCLAIMER

BOOTYFIT WORKOUT, INC  & SARAH KOUDOUZIAN ARE not a health care or medical provider.  The Digital Properties and the features, functionalities, services and Content made available therein, including without limitation any advice, information, workouts, exercises, regimens, nutritional plans, recipes or other materials (collectively, the “PROGRAMS, BOOTY BOOK, RECIPES”), are provided for general informational purposes only, and do not constitute medical advice. The Fitness Features are not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for a professional medical evaluation. We advise you to see your physician on a regular basis and to seek their advice prior to engaging in any fitness or nutrition regimen or if you have any questions or concerns regarding your health and fitness regimen or for the diagnosis of specific medical conditions. BOOTYFIT WORKOUT INC/SARAH KOUDOUZIAN ARE not liable or responsible for any consequences of you having read, used or relied upon any Fitness Features. By using any Fitness Feature, you acknowledge and understand that it may involve or provide information regarding strength, flexibility, aerobic, cardio, meditation, regeneration or other exercises, all of which can be potentially hazardous activities. You should consult with your doctor prior to using any Fitness Feature. If you choose to use any Fitness Features, you should be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of using such Fitness Features, and you hereby assume all risks associated with using such Fitness Features. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS, OR DISCOMFORT, WHEN USING ANY FITNESS FEATURE, STOP AND CONSULT YOUR PHYSICIAN OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOTYFIT WORKOUT INC/SARAH KOUDOUZIAN MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE FITNESS FEATURES AND IS NOT RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON ANY SUCH FITNESS FEATURES. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO RELY ON AND/OR USE ANY FITNESS FEATURE IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOOTYFIT WORKOUT INC  WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY AND DEATH, ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF ANY FITNESS FEATURE.

NO REFUNDS/EXCHANGES

UNDER NO CIRCUMSTANCE WILL THERE BE REFUND FOR ANY PURCHASES MADE ON WWW.BOOTYFITWORKOUT.COM

COPYRIGHT INGRINGEMENT

BOOTYFIT WORKOUT INC respects the intellectual property rights of others and expects you to do the same. Pursuant to the Digital Millennium Copyright Act (the “DMCA”), BOOTYFIT WORKOUT INC reserves the right, but not the obligation, to terminate your license to use, or otherwise disable your account and access to the Digital Properties, in whole or in part, if we determines, in our sole and absolute discretion, that you are involved in infringing activity, including uploading, posting or sharing User Content that is infringing, regardless of whether you are a first-time or repeat infringer, and regardless of whether the material or activity is ultimately determined to be infringing. The foregoing processes does not limit our ability to pursue any other remedies we may have to address any suspected infringement or violation of these Terms.