Turbuster | New York's Finest

Turbuster Fitness LLC ("we", "us", "our") operates turbuster.com ("website"), as well as any other related products and services that refer or link to these Terms of Use.

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and us, concerning your access to and use of the website. You agree that by accessing the website, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the website and you must discontinue use immediately.

Supplemental Terms of Use that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the 'revised' date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the website after the date such revised Terms of Use are posted.

The website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the website.

Questions or concerns? If you do not agree with our Terms of Use, please do not use the website. If you still have any questions or concerns, please contact us at info@turbuster.com.

Table of Contents

Use of the Website

Information on the Website

User Representations

Prohibited Activities

Intellectual Property Rights

Contribution License

Website Management

Modifications and Interruptions

Corrections

Third Party Websites and Content

Limitations of Liability

Electronic Communications and Signatures

Miscellaneous

Contact

1. Use of the Website

Subject to your compliance with these Terms of Use, including the Prohibited Activities section below, we grant you a non-exclusive, non-transferable, revocable license to access the website solely for your personal non-commercial use.

Except as set out in this section or elsewhere in the Terms of Use, no part of the website and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purposes whatsoever, without prior written permission.

If you wish to make any use of the website, content, or marks other than as set out in this section or elsewhere in the Terms of Use, please address your request to info@turbuster.com. If we ever grant you permission to post, reproduce, or publicly display any part of the website, content, or marks, you must identify us as the owner or licensor of the website, content, or marks, and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our content or marks.

We reserve all rights not expressly granted to you in and to the website, content, and marks.

Any breach of the Intellectual Property Rights will constitute a material breach of the Terms and Use and your right to use the website will terminate immediately.

2. Information on the Website

The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The website is not tailored to comply with industry-specific regulations, including but not limited to, the Health Insurance Portability and Accountability Act, Federal Information Security Management Act, et cetera, so if your interactions would be subjected to such laws, you may not use the website. You may not use the website in a way that would violate the Gramm-Leach-Bliley Act.

3. User Representations

By using the website, you represent and warrant that:

You have the legal capacity and you agree to comply with the Terms of Use.
You are not a minor in the jurisdiction in which you reside.
You will not access the website through automated or non-human means, whether through a bot, script, or otherwise.
You will not use the website for any illegal or unauthorized purpose.
Your use of the website will not violate any applicable law or regulation.

4. Prohibited Activities

You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the website, you agree not to:

Systematically retrieve information from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive information such as passwords.
Circumvent, disable, or otherwise interfere with security-related features of the website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the website and / or the content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and / or our website.
Use any information obtained from the website in order to harass, abuse, or harm another person.
Use the website in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the website.
Engage in any automated use of the system, such as using any data mining, robots, or similar information gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any content.
Upload or transmit, or attempt to upload or to transmit, any material that acts as a passive or active information collection or transmission mechanism, including but not limited to, clear graphics interchange formats, 1×1 pixels, web bugs, cookies, or other similar devices, sometimes referred to as 'spyware'.
Interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website.
Attempt to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website.
Copy or adapt the website's software, including but not limited to Hypertext Markup Language (HTML), Cascading Style Sheets (CSS), JavaScript (JS), Hypertext PreProcessor (PHP), My Structured Query Language (MySQL), or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website.
Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including but not limited to, any spider, robot, cheat utility, scraper, or offline reader that accesses the website, or use or launch any unauthorized script or other software.
Make any unauthorized use of the website, including collecting usernames and / or email addresses of users by electronic or other means for the purpose of sending unsolicited emails by automated means or under false pretenses.
Use the website as part of any effort to compete with us or otherwise use the website and / or the content for any revenue-generating endeavor or commercial enterprise.

5. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the website, including all source code, databases, functionality, software, website designs, audio, video, text, images, photographs, and illustrations in the website (collectively, "content"), as well as the trademarks, service marks, and Turbuster logo and Turbuster T brandmark (collectively, "marks") contained therein, unless noted otherwise.

Our content and marks are protected by copyright, trademark, and various other intellectual property rights and unfair competition laws, and treaties in the United States of America and around the world. The content and marks are provided in or through the website as is for your personal non-commercial use. No part of the website shall be used, reproduced, or transmitted, other than its intended purpose, in any manner by electronic or mechanical means including information storage and retrieval systems whatsoever without prior written permissions.

Kindly note that some of the images, photographs, or illustrations on the website may have been downloaded free of cost under Creative Commons licenses or otherwise, in which case they remain the intellectual property of their respective owners. No copyright or any other infringement intended.

6. Contribution License

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your consent. By submitting comments, suggestions, or other feedback regarding the website, you agree that we can use and share such feedback for any purpose without compensation to you.

7. Website Management

We reserve the right, but not the obligation, to:

Monitor the website for violations of these Terms of Use.
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including but not limited to, reporting such user to law enforcement authorities.
In our sole discretion and without limitation, notice, or liability, to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
Otherwise, manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website.

8. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the website at any time or for any reason, or for no reason at our sole discretion without notice. However, we have no obligation to update any information on our website. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the website.

We cannot guarantee the website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the website at any time or for any reason, or for no reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the website during any downtime or discontinuance of the website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the website or to supply any corrections, updates, or releases in connection therewith.

9. Corrections

There may be information on the website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.

10. Third Party Websites and Content

The website may contain, or you may be sent via the website, links to other websites ("third party websites") as well as articles, photographs, text, graphics, pictures, designs, music, sounds, videos, information, applications, softwares, and other content or items belonging to or originating from third parties ("third party content"). Such third party websites and third party content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party websites accessed through our website or any third party content posted on, available through our website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the third party websites or the third party content. Inclusion of, linking to, or permitting the use or installation of any third party websites or any third party content does not imply approval or endorsement thereof by us. If you decide to leave the website and access the third party websites or to use or install any third party content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern. You should review the applicable terms and conditions, including privacy and information-gathering practices, of any third party website to which you navigate from our website or relating to any applications you use or install from the third party website. Any purchases you make through third party websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on third party websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third party content or any contact with third party websites.

11. Privacy Policy

We care about data privacy and security; therefore, please review our Privacy Policy before your use of the website. By using the website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use by virtue of reference as if set forth more fully herein. Please be advised that the website is hosted globally. Through your continued use of the website, you expressly consent to have your data transferred to and processed in other countries.

12. Term and Termination

These Terms of Use shall remain in full force and effect while you use the website. Without limiting any other provisions of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services, including but not limited to, blocking certain internet protocol addresses, to any person for any reason, or for no reason, including but not limited to, for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation.

13. Governing Law

These Terms of Use shall be governed by and defined following the laws of the United States of America. We and you irrevocably consent that the courts of the United States of America shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms of Use.

14. Dispute Resolution

Arbitration: Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration. Costs of arbitration shall be borne by you to the extent not expressly prohibited by applicable laws. Each party shall bear their attorney's fees to the extent not expressly prohibited by applicable laws. The seat, or legal place, of arbitration, shall be the United States of America. The language of the proceedings shall be English.

Restrictions:

Any arbitration shall be limited to the dispute between you and us individually.
No arbitration shall be joined with any other proceeding.
There is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class-action procedures.
There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration:

Any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights.
Any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
Any claim for injunctive relief.

15. Disclaimer

The website is provided on an as-is and as-available basis. You agree that your use of the website will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the website and your use thereof, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the website's content or the content of any websites linked to our website and we will assume no liability or responsibility for any:

Errors, mistakes, or inaccuracies of content and materials.
Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website.
Any unauthorized access to or use of our secure servers and / or any and all personal information stored therein.
Any interruption or cessation of transmission to or from the website.
Any bugs, viruses, or trojan horses that have been transmitted to or through the website by any third party.
Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website, any hyperlinked website, or any website featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third party providers of products or services.

16. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, and affiliates from and against any loss, damage, liability, claim, or demand, including reasonable attorney's fees and expenses, made by any third party due to or arising out of:

Use of the website.
Breach of these Terms of Use.
Any breach of your representations and warranties set forth in these Terms of Use.
Your violation of the rights of a third party, including but not limited to, Intellectual Property Rights.
Any overt harmful act toward any other user of the website with whom you connected via the website.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

17. Limitations of Liability

In no event will we be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever regardless of the form of the action, will at all times be limited to $1,000. Certain United States of America state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

18. Electronic Communications and Signatures

Visiting the website, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or the granting of credits by any means other than electronic means.

19. Miscellaneous

Entire Agreement: These Terms of Use and any policies or operating rules posted by us on the website or with respect to the use of the website constitute the entire agreement and understanding between you and us. You acknowledge that you have read the Terms of Use and understand the terms and conditions and obligations contained herein.

Severability: The provisions of these Terms of Use are severable. If any provision of this Terms of Use is held to be invalid or unenforceable to any extent in any contest, the legality, validity, and enforceability of the remainder of these Terms of Use shall not be affected and shall remain in full force and effect.

Assignment: We may assign any or all of our rights and obligations to others at any time.

Non-Waiver: Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.

Force Majeure: We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

20. Contact

In order to resolve a complaint regarding the website or to receive further information regarding the use of the website, please contact us at info@turbuster.com.