Conditions
IMPORTANT — PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY ("TERMS") BEFORE ACCESSING OR USING THIS WEBSITE. These Terms contain disclaimers of warranties and limitations of liabilities (see Sections 2 and 3). These Terms form an essential basis of our agreement. Please print and retain a copy of this agreement for your records.
Review our full Waiver and Release of Liability, including facility rules, health acknowledgments, and the sauna & cold plunge waiver.
The use of ironmuscleandfitness.com (hereafter "Website"), which is owned and maintained by IRON Capital Group, LLC & Legacy Athletics, LLC (the "Company," "we," "our," "us"), is governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, and services available from the Website to you, the user ("You" or "Your"), conditioned upon your acceptance of all terms and conditions stated here. By accessing or using the Website, you agree to the terms set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website.
These Terms form a legally binding agreement ("Agreement") between you and the Company and should be read carefully. This Agreement governs your access to and use of the Website, the services provided by the Company, and your use or attempted use of the products or services offered by the Company.
This Agreement contains arbitration and class action waiver provisions that waive your right to a court hearing, right to a jury trial, and right to participate in a class action. Arbitration is mandatory and is the exclusive remedy for any and all disputes unless specified below in Section 4.
We reserve the right, at our sole discretion, to update, change, or replace any part of the Agreement by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes constitutes acceptance of those changes.
By using the Website, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you are affirming that you have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all design elements, text material, logos, taglines, meta tags, hashtags, photographic images, personal stories, icons, video and audio clips, personal training sessions, and downloads. No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, trade dress, trade secret, or other proprietary or confidential information owned by Company. Commercial use of such information is strictly prohibited, except as provided otherwise in these Terms.
Subject to your continued strict compliance with all Terms, Company provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
You agree not to use or attempt to use the Website in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
Except where otherwise inapplicable or prohibited by law: You expressly agree that your use of, or inability to use, the Website and services is at your sole risk. The Website and the materials and services contained and offered on the Website and otherwise by the Company are provided on an "as is," "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. We make no, and expressly disclaim any and all, representations and warranties as to the reliability, timeliness, quality, suitability, availability, accuracy, and/or completeness of any information on this Website. We do not guarantee, represent, or warrant that your use of our Website will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable. You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Website or any product or service at any time, without notice to you.
Except where otherwise inapplicable or prohibited by law, in no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, 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), statute, strict liability, or otherwise, arising from your use or attempted use of any part of the Website or products or services provided by the Company, or for any other claim related in any way to your use or attempted use of the Website or any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred, even if advised of their possibility.
If, notwithstanding the limitation of liability set forth above, the Company is found liable under any theory, the Company's liability and your exclusive remedy will be limited to the lesser of (i) USD $100, or (ii) the amount you paid to the Company within the six (6) months prior to the event giving rise to your claim. This limitation of liability shall apply for all claims, regardless of whether the Company was aware of or advised in advance of the possibility of damages or such claims. Some states do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you and you may have additional rights.
Please read this arbitration provision carefully to understand your rights. Except where prohibited by law, you agree that any claim that you may have in the future must be resolved through final and binding confidential arbitration. You acknowledge and agree that you are waiving the right to a trial by jury. The rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist. You agree that you may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding.
Except as provided below and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof, our relationship, or your use or attempted use of the Website or any product or service offered by the Company, shall be submitted to and finally resolved by individual, confidential arbitration under the rules of the American Arbitration Association then in effect.
You and the Company agree to commence any arbitration proceeding within 1 year after the claim arises and that any arbitration proceeding commenced after 1 year shall be forever barred.
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Arkansas unless the Company otherwise agrees to arbitrate in another forum requested by you.
We each agree that any and all claims other than those exempted below shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association ("AAA"). The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA's Rules are available at www.adr.org.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's Rules. In our sole discretion, we may reimburse the fees charged by the arbitrator for claims totaling less than $100 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses.
The arbitrator shall follow the substantive law of the State of Arkansas without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This provision survives termination of your account or relationship with the Company, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable, then this entire arbitration provision shall be rendered null and void. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions shall remain in full force and effect.
Notwithstanding the foregoing, you and the Company both retain the right to pursue, in small claims court, any claim that is within that court's jurisdiction and proceeds on an individual (non-class) basis. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Benton, Arkansas: (i) any dispute relating to the infringement or validity of our proprietary rights, including trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by the Company for temporary, preliminary, or permanent injunctive relief against you for breach or threatened breach of this Agreement.
Company reserves the right to amend this arbitration provision at any time. Your continued use of the Website or use or attempted use of any of the Company's products or services is affirmation of your consent to such changes.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including attorneys' fees, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services; (2) information you submit or transmit through the Website; (3) your breach of these Terms or the Agreement; or (4) your violation of any law or the rights of a third party.
If you believe that materials or content available on any Company website infringes any copyright you own, you or your agent may send the Company a notice requesting that the Company remove the materials or content. Notices and counter-notices should be sent to Legacy Athletics, LLC, 1537 Del Rey, Benton, Arkansas 72019; or IRON Capital Group, LLC, 1350 Old Morrilton Hwy, Conway, Arkansas 72032; or by email at info@ironmuscleandfitness.com.
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement shall be governed exclusively by the laws of the State of Arkansas without regard to its conflicts of laws principles. To the extent that any claim or dispute is excluded from the arbitration agreement in Section 4, the parties agree any such claim shall be exclusively brought in and decided by the state or federal courts located in Benton, Arkansas.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make it enforceable and consistent with the remainder of the Agreement.
This Privacy Notice is only applicable to the Website and not to any other websites that you may be able to access from the Website, which may have data collection, storage, and use practices and policies that differ materially from this Privacy Notice.
We respect your privacy and the use and protection of your non-public, personal information. The Company may collect personally identifiable information and non-personally identifiable information anytime you access or use a Company Website. The Company uses personally identifiable information to respond to your inquiries, provide you with services you have requested, keep you informed of services the Company thinks may be of interest to you, and otherwise personalize your experience with the Company. The Company does not sell or lease personally identifiable information about you to others.
If you do not want us to share your personally identifiable information with any third parties, please email us at info@ironmuscleandfitness.com.
The Company maintains reasonable physical, administrative, and technical safeguards to protect personally identifiable information from loss, misuse, or unauthorized access, disclosure, alteration, or destruction. No system is 100% secure, however, and we cannot guarantee that all of your information will be safe 100% of the time.
Email Marketing: By submitting your email address through the Website, you are expressly consenting to receive emails from the Company. To opt out of receiving email messages from us, click on the "Unsubscribe" link contained in each email. Please allow up to 10 business days for us to process your request.
Your California Privacy Rights: California law permits individuals who are California residents to request certain information about our disclosure of personal information to third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please submit your request in writing to info@ironmuscleandfitness.com.
These Terms, the Agreement, and any policies or operating rules posted by us on the Website constitute the entire agreement and understanding between you and the Company and govern your access and use of the Website, superseding and replacing any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Company.
We encourage our customers to contact us with questions or comments about our services.
Email: info@ironmuscleandfitness.com
Phone: 501-249-5750
Legacy Athletics, LLC
1537 Del Rey
Benton, Arkansas 72019
IRON Capital Group, LLC
1350 Old Morrilton Hwy
Conway, Arkansas 72032
Copyright 2023 — Legacy Athletics, LLC & IRON Capital Group, LLC. All Rights Reserved.