BY ACCESSING OR USING ANY PART OF THIS WEBSITE, OR BY INSTALLING, ACCESSING OR USING ANY PART OF A HYDE FITNESS CONSULTING OR OTHER SERVICE WHICH GIVES YOU ACCESS THROUGH THIS WEBSITE TO INFORMATION MAINTAINED BY HYDE FITNESS CONSULTING (THE “ACCESS SERVICES”), YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS OF USE, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.

Agreement between Hyde Fitness Consulting and Customer

Welcome to Hyde Fitness Consulting (the “website”). This website is provided solely to assist customers in gathering information about diet and fitness, determining the availability of fitness consulting plus related goods and services, making legitimate reservations, or otherwise transacting business with fitness consultants, and for no other purposes. The terms “we”, “us”, “our” and “Hyde Fitness Consulting” refer to “www.hydefitnessconsulting.com” and/or our subsidiaries. The term “you” refers to the customer visiting the website, mobile site and/or booking fitness consulting reservation(s) through us on this website, via phone, and/or through our agents.

This website and related platforms are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this website in any manner, you agree to be bound by the Agreement. If you do not accept all of these terms and conditions, please do not use this website or related platforms. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this website or its related platforms signifies your acceptance of the updated or modified Agreement. Be sure to return to this page to review the most current version of the Agreement.

Use of the Website

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

You are at least 18 years of age;

You possess the legal authority to create a binding legal obligation;

You will use this website in accordance with this Agreement;

You will only use this website to make legitimate fitness consultant reservation(s) for you or for another person for whom you are legally authorized to act;

All information supplied by you on this website is true, accurate, current and complete;

If you make a reservation or otherwise transact online with Hyde Fitness Consulting, you will safeguard your login information and will supervise and be completely responsible for login by anyone other than you. We retain the right at our sole discretion to deny anyone access to this website and the fitness consulting that we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Use of the Mobile Site

Hyde Fitness Consulting’s mobile site is provided in the same way, for the same purposes, and under the same conditions as the website. By accessing or using the mobile site in any manner, you agree to be bound by the Agreement. If you do not accept all of these terms and conditions, please do not use the mobile site.

Use of Digital Call Records

Hyde Fitness Consulting uses technology that records incoming telephone calls. If you initiate a call to one of our tracked phone numbers, we will, at our discretion, create a digital audio recording of the telephone call. We represent and warrant that we have established proper procedures to protect the privacy of all callers in connection with call recording services, and otherwise fully comply with all applicable laws, regulations and governmental or self-regulatory guidelines. A voice alert is played at the beginning of each call to notify callers that the call will be recorded. Our use of the call recording is for quality assurance, customer service, and data tracking purposes only. If you choose to allow yourself to be recorded by continuing with the phone call after the recording notification, you expressly agree and acknowledge that:`

Our employees, contractors, officers, agents, authorized representatives or other trusted third parties may listen to a call that has been recorded on our behalf;

Recording, transcribing, monitoring, analyzing and archiving calls may include, without limitation, the reporting and archiving of personal and non-personal data related to such calls;

You shall determine in advance, in your sole discretion without reliance on us, whether the use of the call recording is appropriate and legal for you. You may elect not to use or to cease use of the call recording.

Hyde Fitness Consulting shall have no liability whatsoever in respect of the call recordings and their contents, including any personal information provided by you or commentary made by you.

Prohibited Activities

The content and information on this website (including, but not limited to, price and availability of fitness consulting services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your fitness consultant reservation(s) and related documents for fitness consultations booked through this website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or units obtained from or through this website.

Additionally, you agree not to:

Use this website or its contents for any commercial purpose;

Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;

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;

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;

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

Deep-link to any portion of this website (including, without limitation, the path for any fitness consulting related information) for any purpose without our express written permission; or

“Frame”, “mirror” or otherwise incorporate any part of this website into any other website without our prior written authorization.

Supplier Rules and Restrictions

Separate terms and conditions will apply to any reservation of fitness consulting that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of any fitness consultant with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of rates, products, or units. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable fitness consulting, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

Website Copyrights

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

A clear identification of the copyrighted work you claim was infringed;

A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the website, such as a link to the infringing material;

Your contact information so that we can reply to your complaint, preferably including an email address and telephone number;

A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law”;

A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;

The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Trademarks

Hyde Fitness Consulting trademarks, service marks, graphics and logos used in connection with this website are trademarks or registered trademarks of Hyde Fitness Consulting or Hyde Fitness Consulting’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any Hyde Fitness Consulting trademarks or third-party trademarks.

Indemnification

You agree to defend, indemnify and hold harmless Hyde Fitness Consulting, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the website and services, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.

Notices with respect to this website should be sent to:

Hyde Fitness Consulting, LLC., 3223 W Woodfield Way, Fayetteville, AR 72704

We will review and address all notices that comply with the requirements above.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.

Disclaimer of Warranties

The website and its contents and the access services are provided “as is” without warranty of any kind, express or implied. Use of the website and the access services are at your sole risk.  We do not warrant that the website or the access services will be uninterrupted or error-free, nor do we make any warranty as to any results that may be obtained by use of the website or the access services.  We do not warrant the accuracy, completeness, correctness, or timeliness of the information contained in the website.  We make no other warranties, express or implied, including, without limitation, any implied warranties of non-infringement of third parties’ rights, title, merchantability or fitness for a particular purpose, in relation to the website or the access services.

Limitation of Liability

Under no circumstances will we be liable to you or any other person for any loss or injury, indirect, incidental, consequential, special or punitive damages for any matter arising from or relating to these terms of use, the website, the access services or the internet generally, including, without limitation, your use or inability to use the website or the access services, any changes to or inaccessibility of the website or the access services, delay, failure, unauthorized access to or alteration of any transmission or data, any material or data sent or received or not sent or received, any transaction or agreement entered into through the website or the access services, or any data or material from a third person accessed on or through the website or the access services, whether such liability is asserted on the basis of contract, tort or otherwise, and even if we knew or have been advised of the possibility of such damages. Some states prohibit the exclusion or limitation of incidental or consequential damages, thus this limitation of liability may not apply to you. If you are dissatisfied with the website or the access services, your sole and exclusive remedy shall be for you to discontinue use of the website or the access services.

Ownership and Use of Content

All of our website design, text, graphics and the selection and arrangement thereof are protected by copyrights of Hyde Fitness Consulting, LLC; © 2021 Hyde Fitness Consulting, LLC. All Rights Reserved. 

This website, including but not limited to its contents, is protected by the copyright laws of the United States and foreign countries. Title to the content is owned by us or our licensors, and all use thereof inures to the benefit of us or our licensors. You may download and print a single copy of the content solely for your internal business purposes and not for any commercial purpose or use, provided that such content must not be altered in any way and must contain all copyright and proprietary rights notices that accompany such content. All rights not expressly granted herein are reserved to us and our licensors. You agree that you will not upload or transmit any content of any type that infringes or violates the rights of anyone. The website and any portion thereof may never be used by anyone to create or re-create a similar or competing website. Any use of the content not expressly permitted by these terms of use is a breach of these terms of use and may violate copyright, trademark and other laws. Any unauthorized or unapproved use of any of the content constitutes copyright infringement and subjects you to all civil and criminal penalties provided for under domestic and international copyright, trademark, and other laws and treaties. 

No Extraterritoriality

We are based in Rogers, Arkansas, in the United States of America. We make no claims that the website or the Access Services is appropriate for, or may be accessed or downloaded by, persons residing outside of the United States of America. Access to our website, its content and the Access Services may not be legal by certain persons in certain countries. If you access this website or the Access Services from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Miscellaneous. We have the right, at any time and without notice, to add to or modify these terms of use simply by posting such amended terms on this website. You consent to the modification of these terms of use in this manner. Your access to or use of the website and the Access Services after the date such amended terms are posted shall be deemed to constitute acceptance of such amended terms.

These terms of use are made in and shall be governed by the laws of the State of Arkansas, without reference to conflicts of laws. 

All actions, claims or disputes arising under or relating to these terms of use will be brought in the federal or state courts in Fayetteville, Arkansas.  You irrevocably submit and consent to the exercise of personal and subject matter jurisdiction over you by the federal and/or state courts in Fayetteville, Arkansas.  You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Fayetteville, Arkansas.  And to the laying of venue of any suit, action or proceeding brought in any federal or state court in Fayetteville, Arkansas.

If we sue you to enforce these terms of use and prevail, then we will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which we may be entitled.

The terms and provisions of these terms of use will survive any termination or expiration of your use of the website or the Access Services.

Additional Information

No Professional Advice. The content contained on the website (including instructions, guides, tips, and estimates) is offered for informational and educational purposes only, and is not intended to be a substitute for professional architecture, landscape architecture, engineering, design or construction advice. You should not act upon this information without seeking professional advice. If you act without professional advice, you assume all risk for such actions.

We do not endorse any specific tests, products, procedures, opinions, contractors, or other information that may be mentioned or described in this website. If you rely on any content obtained by you on or through this website, you do so solely at your own risk. You are solely responsible for compliance with the laws and regulations applicable to your place or country of residence.

Privacy Statement. Our Privacy Statement can be found by following this link: https://hydefitnessconsulting/privacy-policy. The Privacy Statement is incorporated herein by this reference and made an integral part hereof.

Not Intended for Children. This website and the Access Services are not intended to be used by children. The website and the Access Services are intended to be used by adults. If you are under 18 years of age, you may use this website only with the involvement of a parent or guardian. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Advertisements and Links to Other Websites. Any link (including a hyperlink, button or referral device of any kind) used on this website is provided for your use and convenience. The appearance of a link on this website does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship with us. We are not responsible for the content of linked third-party websites or third-party advertisements, and do not make any representations regarding their content or accuracy. We do not endorse any product, service, or service provider that may be advertised on our website.

Links to Our Website; Advertising. Links into our website must be by prior written approval of Hyde Fitness Consulting. No other links into our website are permitted.

Termination. We reserve the right, in our sole discretion and without notice, at any time and for any reason, to remove or disable access to all or any portion of the website and to suspend your access to or use of all or any portion of the website or the Access Services. 

These terms of use constitute the complete and exclusive statement of the agreement between you and us with respect to the website and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between you and us concerning the website.

The waiver by us of a breach of any provision of these terms of use shall not operate or be construed as a waiver of any other or subsequent breach of the same or a different kind. If any provision of these terms of use shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these terms of use shall remain in full force and effect.

Thank you for using our website. We hope you find it helpful and convenient to use! Questions or comments regarding this website should be directed by electronic mail to WEBMASTER or by U.S. Mail to Hyde Fitness Consulting, LLC, 3223 W Woodfield Way, Fayetteville, AR 72704.