We do not guarantee, represent or warrant
that your use of our service will be uninterrupted, timely, secure or
error-free.
We do not warrant that the results that
may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may
remove the service for indefinite periods of time or cancel the service at any
time, without notice to you.
You expressly agree that your use of, or
inability to use, the service is at your sole risk. The service and all
products and services delivered to you through the service are (except as
expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties or conditions of any kind, either
express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall Ascende Fitness LLC, our
directors, officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any injury, loss,
claim, or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost revenue,
lost savings, loss of data, replacement costs, or any similar damages, whether
based in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the service
or any product, including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of the use of the
service or any content (or product) posted, transmitted, or otherwise made
available via the service, even if advised of their possibility. Because some
states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted
by law.