This agreement applies as between you, the User of this Website and
Clean Cut Elite LLC, the owner(s) of this Website. Your agreement to comply with and be bound
by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed
to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply
only to the sale of Services. If you do not agree to be bound by these Terms
and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer
capable of acceptance. Your order constitutes a contractual offer and Our
acceptance of that offer is deemed to occur upon Our sending a confirmation
email to you indicating that your order has been accepted.
In this Agreement the following terms shall have the following meanings:
Account: means collectively the personal information, Payment
Information and credentials used by Users to access Paid Content and / or
any communications System on the Website;
Content: means any text, graphics, images, audio, video,
software, data compilations and any other form of information capable of
being stored in a computer that appears on or forms part of this Website;
Facilities: means collectively any online facilities, tools,
services or information that
Clean Cut Elite LLC makes available through
the Website either now or in the future;
Services: means the services available to you through this
Website, specifically use of the
E365 Fitness proprietary e-learning
platform;
Payment Information: means any details required for the purchase of Services
from this Website. This includes, but is not limited to, credit / debit card
numbers, bank account numbers and sort codes;
Premises: Means Our place(s) of business located at
3716 Pepperell Parkway Opelika, AL 36801;
System: means any online communications infrastructure that
Clean Cut Elite LLC makes available through
the Website either now or in the future. This includes, but is not limited
to, web-based email, message boards, live chat facilities and email links;
User / Users: means any third party that accesses the Website and is
not employed by Clean Cut Elite LLC and
acting in the course of their employment;
Website: means the website that you are currently using (www.e365fitness.com) unless
expressly excluded by their own terms and conditions; and
We/Us/Our: means
Clean Cut Elite LLC.
Persons under the age of 18 should use this Website only with the
supervision of an Adult. Payment Information must be provided by or with the
permission of an Adult.
These Terms and Conditions also apply to customers procuring Services in the
course of business.
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4.1 Subject to the exceptions in Clause 5 of these Terms and
Conditions, all Content included on the Website, unless uploaded by Users,
including, but not limited to, text, graphics, logos, icons, images, sound
clips, video clips, data compilations, page layout, underlying code and
software is the property of
Clean Cut Elite LLC, Our affiliates or
other relevant third parties. By continuing to use the Website you
acknowledge that such material is protected by applicable United Kingdom
and International intellectual property and other laws.
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4.2 Subject to Clause 6 you may not reproduce, copy, distribute,
store or in any other fashion re-use material from the Website unless
otherwise indicated on the Website or unless given Our express written
permission to do so.
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5.1 Unless otherwise expressly indicated, all Intellectual Property
rights including, but not limited to, Copyright and Trademarks, in product
images and descriptions belong to the manufacturers or distributors of
such products as may be applicable.
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5.2 Subject to Clause 6 you may not reproduce, copy, distribute,
store or in any other fashion re-use such material unless otherwise
indicated on the Website or unless given express written permission to do
so by the relevant manufacturer or supplier.
Material from the Website may be re-used without written permission where
any of the exceptions detailed in Chapter III of the Copyright Designs and
Patents Act 1988 apply.
This Website may contain links to other sites. Unless expressly stated,
these sites are not under the control of
Clean Cut Elite LLC or that of Our
affiliates. We assume no responsibility for the content of such websites and
disclaim liability for any and all forms of loss or damage arising out of
the use of them. The inclusion of a link to another site on this Website
does not imply any endorsement of the sites themselves or of those in
control of them.
Those wishing to place a link to this Website on other sites may do so only
to the home page of the site
www.e365fitness.com without Our
prior permission. Deep linking (i.e. links to specific pages within the
site) requires Our express written permission. To find out more please
contact Us by email at
info@cleancut-elite.com.
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9.1 When using any System on the Website you should do so in
accordance with the following rules. Failure to comply with these rules
may result in your Account being suspended or closed:
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9.1.1 You must not use obscene or vulgar language;
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9.1.2 You must not submit Content that is unlawful or otherwise
objectionable. This includes, but is not limited to, Content that is
abusive, threatening, harassing, defamatory, ageist, sexist or racist;
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9.1.3 You must not submit Content that is intended to promote
or incite violence;
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9.1.4 It is advised that submissions are made using the English
language as We may be unable to respond to enquiries submitted in any
other languages;
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9.1.5 The means by which you identify yourself must not violate
these Terms and Conditions or any applicable laws;
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9.1.6 You must not impersonate other people, particularly
employees and representatives of
Clean Cut Elite LLC or Our affiliates;
and
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9.1.7 You must not use Our System for unauthorised
mass-communication such as "spam" or "junk mail".
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9.2 You acknowledge that
Clean Cut Elite LLC reserves the right to
monitor any and all communications made to Us or using Our System.
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9.3 You acknowledge that
Clean Cut Elite LLC may retain copies of
any and all communications made to Us or using Our System.
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9.4 You acknowledge that any information you send to Us through Our
System may be modified by Us in any way and you hereby waive your moral
right to be identified as the author of such information. Any restrictions
you may wish to place upon Our use of such information must be
communicated to Us in advance and We reserve the right to reject such
terms and associated information.
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10.1 In order to procure Services on this Website and to use
certain other parts of the System, you are required to create an Account
which will contain certain personal details and Payment Information which
may vary based upon your use of the Website as We may not require payment
information until you wish to make a purchase. By continuing to use this
Websiteyou represent and warrant that:
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10.1.1 all information you submit is accurate and truthful;
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10.1.2 you have permission to submit Payment Information where
permission may be required; and
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10.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your
representation and warranty.
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10.2 It is recommended that you do not share your Account details,
particularly your username and password. We accept no liability for any
losses or damages incurred as a result of your Account details being
shared by you. If you use a shared computer, it is recommended that you do
not save your Account details in your internet browser.
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10.3 If you have reason to believe that your Account details have
been obtained by another person without consent, you should contact Us
immediately to suspend your Account and cancel any unauthorised orders or
payments that may be pending. Please be aware that orders or payments can
only be cancelled up until provision of Services has commenced. In the
event that an unauthorised provision commences prior to your notifying Us
of the unauthorised nature of the order or payment then you shall be
charged for the period from the commencement of the provision of services
until the date you notified us and may be charged for a billing cycle of
one month.
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10.4 When choosing your username you are required to adhere to the
terms set out above in Clause 9. Any failure to do so could result in the
suspension and/or deletion of your Account.
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11.1 Either Clean Cut Elite LLC or
you may terminate your Account. If We terminate your Account, you will be
notified by email and an explanation for the termination will be provided.
Notwithstanding the foregoing, We reserve the right to terminate without
giving reasons.
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11.2 If We terminate your Account, any current or pending orders or
payments on your Account will be cancelled and provision of Services will
not commence.
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12.1 Whilst every effort has been made to ensure that all general
descriptions of Services available from
Clean Cut Elite LLC correspond to the
actual Services that will be provided to you, We are not responsible for
any variations from these descriptions as the exact nature of the Services
may vary depending on your individual requirements and circumstances. This
does not exclude Our liability for mistakes due to negligence on Our part
and refers only to variations of the correct Services, not different
Services altogether. Please refer to sub-Clause 13.8 for incorrect
Services.
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12.2 Where appropriate, you may be required to select the required
Plan of Services.
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12.3 We neither represent nor warrant that such Services will be
available at all times and cannot necessarily confirm availability until
confirming your Order. Availability indications are not provided on the
Website.
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12.4 All pricing information on the Website is correct at the time
of going online. We reserve the right to change prices and alter or remove
any special offers from time to time and as necessary.
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12.5 In the event that prices are changed during the period between
an order being placed for Services and Us processing that order and taking
payment, then the price that was valid at the time of the order shall be
used.
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12.6 All prices on the Website do not include VAT. In accordance
with HM Revenue & Customs VAT Notice 700/1 (February 2014) and
supplements thereof, Clean Cut Elite LLC is
not yet liable for VAT and therefore not VAT registered and does not
possess a VAT number.
We want you to be completely satisfied with the Products or Services you
order from Clean Cut Elite LLC. If you need
to communicate with us about your Order, then please contact customer care by email at
info@cleancut-elite.com or write to us at our
address (see section 1 above). You may cancel an Order that we have accepted
or cancel the Contract. If any Specific Terms accompanying the Service
contain terms about cancelling the Service, the cancellation policy in the
Specific Terms will apply.
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14.1 If you are a consumer based within the European Union, you
have a statutory right to a “cooling off” period. This period begins once
your order is confirmed and the contract between
Clean Cut Elite LLC and you is formed and
ends at the end of 14 calendar days after that date. If you change your
mind about the Services within this period and wish to cancel your order,
please inform Us immediately using the following email:
info@cleancut-elite.com. Your right to
cancel during the cooling off period is subject to the provisions of
sub-Clause 14.2.
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14.2 As specified in sub-Clause 13.6, if the Services are to begin
within the cooling off period you are required to make an express request
to that effect. By requesting that the Services begin within the 14
calendar day cooling off period you acknowledge and agree to the
following:
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14.2.1 If the Services are fully performed within the 14
calendar day cooling off period, you will lose your right to cancel
after the Services are complete.
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14.2.2 If you cancel the Services after provision has begun but
is not yet complete you will still be required to pay for the Services
supplied up until the point at which you inform Us that you wish to
cancel. The amount due shall be calculated in proportion to the full
price of the Services and the actual Services already provided. Any
sums that have already been paid for the Services shall be refunded
subject to deductions calculated in accordance with the foregoing.
Refunds, where applicable, will be issued within 5 working days and in
any event no later than 14 calendar days after you inform Us that you
wish to cancel.
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14.3 Cancellation of Services after the 14 calendar day cooling off
period has elapsed shall be subject to the specific terms governing those
Services and may be subject to a minimum contract duration.
Use of the Website is also governed by our
Privacy Policy which is
incorporated into these Terms and Conditions by this reference. To view the
Privacy Policy, please click on the link above.
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16.1 All personal information that We may collect (including, but
not limited to, your name and address) will be collected, used and held in
accordance with the provisions of the Data Protection Act 1998 and your
rights under that Act.
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16.2 We may use your personal information to:
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16.2.1 Provide Our Services to you;
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16.2.2 Process your payment for the Services; and
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16.2.3 Inform you of new products and services available from
Us. You may request that We stop sending you this information at any
time.
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16.3 In certain circumstances (if, for example, you wish to
purchase Services on credit), and with your consent, We may pass your
personal information on to credit reference agencies. These agencies are
also bound by the Data Protection Act 1998 and should use and hold your
personal information accordingly.
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16.4 We will not pass on your personal information to any other
third parties without first obtaining your express permission.
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17.1 We make no warranty or representation that the Website will
meet your requirements, that it will be of satisfactory quality, that it
will be fit for a particular purpose, that it will not infringe the rights
of third parties, that it will be compatible with all systems, that it
will be secure and that all information provided will be accurate. We make
no guarantee of any specific results from the use of our Service or
Services.
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17.2 No part of this Website is intended to constitute advice and
the Content of this Website should not be relied upon when making any
decisions or taking any action of any kind.
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17.3 No part of this Website is intended to constitute a
contractual offer capable of acceptance.
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17.4 Whilst We use reasonable endeavours to ensure that the Website
is secure and free of errors, viruses and other malware, you are strongly
advised to take responsibility for your own internet security, that of
your personal details and your computers.
We reserve the right to change the Website, its Content or these Terms and
Conditions at any time. You will be bound by any changes to the Terms and
Conditions from the first time you use the Website following the changes. If
We are required to make any changes to these Terms and Conditions by law,
these changes will apply automatically to any orders currently pending in
addition to any orders placed by you in the future.
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19.1 The Website is provided “as is” and on an “as available”
basis. Clean Cut Elite uses industry best
practices to provide a high uptime, including a fault-tolerant
architecture hosted in cloud servers. We give no warranty that the Website
or Facilities will be free of defects and / or faults and we do not
provide any kind of refund for outages. We provide no warranties (express
or implied) of fitness for a particular purpose, accuracy of information,
compatibility and satisfactory quality.
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19.2 We accept no liability for any disruption or non-availability
of the Website resulting from external causes including, but not limited
to, ISP equipment failure, host equipment failure, communications network
failure, power failure, natural events, acts of war or legal restrictions
and censorship.
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20.1 To the maximum extent permitted by law, We accept no liability
for any direct or indirect loss or damage, foreseeable or otherwise,
including any indirect, consequential, special or exemplary damages
arising from the use of the Website or any information contained therein.
You should be aware that you use the Website and its Content at your own
risk.
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20.2 Nothing in these Terms and Conditions excludes or restricts
Clean Cut Elite LLC’s liability for death
or personal injury resulting from any negligence or fraud on the part of
Clean Cut Elite LLC.
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20.3 Nothing in these Terms and Conditions excludes or restricts
Clean Cut Elite LLC’s liability for any
direct or indirect loss or damage arising out of the incorrect provision
of Services or out of reliance on incorrect information included on the
Website.
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20.4 In the event that any of these terms are found to be unlawful,
invalid or otherwise unenforceable, that term is to be deemed severed from
these Terms and Conditions and shall not affect the validity and
enforceability of the remaining Terms and Conditions. This term shall
apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise
any right or remedy contained herein, this shall not be construed as a
waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any
prior versions thereof, the provisions of these Terms and Conditions shall
prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third
party. The agreement created by these Terms and Conditions is between you
and Clean Cut Elite LLC.
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24.1 All notices / communications shall be given to Us either by
post to Our Premises (see address above) or by email to
info@cleancut-elite.com. Such notice will
be deemed received 3 days after posting if sent by first class post, the
day of sending if the email is received in full on a business day and on
the next business day if the email is sent on a weekend or public holiday.
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24.2 We may from time to time, if you opt to receive it, send you
information about Our products and/or services. If you do not wish to
receive such information, please click on the ‘Unsubscribe’ link in any
email which you receive from Us.
These Terms and Conditions and the relationship between you and
Clean Cut Elite LLC shall be governed by and
construed in accordance with the laws of the United States and
Clean Cut Elite LLC and you agree to submit
to the exclusive jurisdiction of the
Courts of the United States.
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