Terms and Condition Celsius Cryotherapy 1 LLC.
Effective date: 1/1/2023
YOU MUST BE AGE 13 OR OLDER TO USE THIS SITE. IF YOU ARE UNDER AGE 18, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION TO USE THIS SITE AND HAVE THEM READ AND AGREE TO THESE TERMS. YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE - OR - THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER THAT IS OVER THE AGE OF 13, AND YOU AGREE TO THESE TERMS.
General Use Restrictions. Client provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including (but not limited to) content, logos, graphics, information and advice and images (together, the "Materials") that are not Submissions (as defined below) are provided to you by Client and are the copyrighted and/or trademarked work of Client or Client’s contributors.
Client grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the services on this Site solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.
This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of the limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.
If applicable, you agree to pay all fees or charges to your account based on Client’s fees, charges, and billing terms in effect as shown on the payment page. You are responsible for paying any taxes that may apply. If you do not pay on time or if Client cannot charge your credit card or other payment method for any reason, Client reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that Client is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card or other payment method designated by you.
Third Party Content.
Certain information and other content that are not Submissions may be provided by third party licensors and suppliers to Client ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. CLIENT DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites.
You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the licenses with respect to Submissions to Client set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
Limitations of Liability. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUES, LOSS OF PROFITS or COST OF PROCUREMENT OF SUBSTITUTE TECHNOLOGY, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY TO ANY CLAIM OR CAUSE OF ACTION WHETHER IN CONTRACT OR TORT, STRICT LIABILITY OR BREACH OF WARRANTY, BUT SHALL NOT APPLY IF (A) A PRODUCT IS DETERMINED TO BE DEFECTIVE AND TO HAVE CAUSED BODILY INJURY OR DEATH or (B) IF SUCH DAMAGES ARE THE RESULT OF THE OTHER PARTY'S NEGLIGENCE OR WILLFUL MISCONDUCT. THE PARTIES ACKNOWLEDGE THAT THIS SECTION 9 HAS BEEN INCLUDED AS A MATERIAL INDUCEMENT FOR EACH PARTY TO ENTER INTO THIS AGREEMENT AND THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT, BUT FOR THE LIMITATIONS OF LIABILITY AS SET FORTH HEREIN.
When submitting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Use racially, ethnically, or otherwise offensive language. Discuss or incite illegal activity. Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated). Post anything that exploits children or minors or that depicts cruelty to animals. Post any copyrighted or trademarked materials without the express permission from the owner. Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation. Use any robot, spider, scraper or other automated means to access the Site. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Alter the opinions or comments posted by others on this Site. This list of prohibitions provides examples and is not complete or exclusive. Client reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Client determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. Client may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Client’s discretion, Client will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
If you have any questions, concerns or complaints about these terms and conditions, please contact us