Prism Fitness, Inc. (“Prism Fitness”) makes available the content of this website subject to the following terms and conditions. By accessing and/or using this website, you agree to be bound by the terms and conditions set forth in these Terms of Use (“Terms of Use”). Prism Fitness reserves the right to modify these Terms of Use from time to time, without notice to you, at Prism Fitness’s sole discretion. These Terms of Use do not modify or amend in any way, any of the terms and conditions of any agreement you may have with Prism Fitness, unless such agreement specifically references all or a portion of this website or the links contained herein.  

Copyright

You should assume that the content on this website is the property of Prism Fitness or its business partners or suppliers and that all such content is protected by applicable copyright laws. You may not use the content of this website, or a portion of such content in any manner whatsoever, without prior written consent for such use from the owner of such content, whether such owner is Prism Fitness or otherwise.  

Trademarks

All trademarks, service marks, trade dress, logos and slogans (collectively, the “Trademarks”) used and displayed on this website, whether such Trademarks are registered, pending, or otherwise claimed as intellectual property by Prism Fitness or its business partners or suppliers, are the intellectual property of Prism Fitness or its business partners or suppliers as the case may be. Nothing on this website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this website, without the prior written consent for such use from the owner of such trademark(s), whether such owner is Prism Fitness or otherwise. 

Links to Third Party Websites

As a convenience for you, Prism Fitness provides links to third party websites. The third party websites are not under the control of Prism Fitness, and Prism Fitness is not responsible for the content, services, products, warranties, agreements, transactions, or any activity connected to the linked websites or links contained in a linked website, or any changes or updates to such third party websites. Prism Fitness providing links to third party websites does not constitute or imply an endorsement by Prism Fitness of the third party, the third party website, or the products and/or services referenced therein. Prism Fitness disclaims any liability with respect to your use of any third party website, and you hereby release Prism Fitness from any liability related to your use of any link to a third party website or your use of any other website. Third party websites are likely to be subject to the terms of use for that website.

DISCLAIMER OF WARRANTY

THIS WEBSITE AND ITS CONTENT IS PROVIDED BY PRISM FITNESS ON AN “AS IS” BASIS WITHOUT WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO THE CONDITION, QUALITY, DATA ACCURACY, INTEGRATION, TITLE, NON-INFRINGEMENT, WORKMANSHIP, MERCHANTABILITY, DESIGN, SECURITY OR OPERATION, AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT YOUR USE OF THE WEBSITE SHALL BE UNINTERRUPTED OR ERROR FREE, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY YOU.  YOU ACKNOWLEDGE AND AGREE THAT BY YOUR USE OF THIS WEBSITE, YOU AGREE THAT SUCH USE IS MADE AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PRISM FITNESS, ITS AFFILIATES, AGENTS, OWNERS OR EMPLOYEES BE LIABLE TO YOU OR ANY PERSON OR ENTITY FOR ANY CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY THIS WEBSITE, THE USE OF THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS WEBSITE IS LINKED, OR ARISING FROM BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.   

Indemnification

You agree to indemnify, defend, and hold Prism Fitness, its affiliates, agents, employees and its successors and assigns harmless from and against any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and attorneys’ fees that it shall incur or suffer which relate to your use of this website, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Content

This website may contain errors or omissions in relation to descriptions of products, services, reliability, capacity, pricing or availability. Prism Fitness reserves the right to discontinue the sale or availability of any product or service listed on this website at any time and without notice to you and Prism Fitness may correct any errors or omissions and modify or update information in this website at any time without prior notice to you. Prism Fitness may modify, suspend or terminate the operation of this website, or the availability of any product or service without notice to you.  

Account

If you have a registered account for use of this website, you are responsible for maintaining the confidentiality of your username and password and you hereby accept responsibility for all activities that occur in connection with your account or under your username and password. Prism Fitness reserves the right, without notice and in its sole discretion, to refuse service, terminate accounts, or remove or edit this website with respect to your account.

Modifications to Terms of Use

Prism Fitness may from time to time modify these Terms of Use without notice. Your use of this website following the date on which such modifications to these Terms of Use are posted or published on this website, shall constitute your acceptance of all such modifications. You expressly agree that Prism Fitness shall have no obligation to provide you with any notice of any modifications, and you hereby expressly waive any right you may have to receive notice of any such modifications.

Governing Law and Jurisdiction

This website is maintained and controlled by Prism Fitness from its offices in the state of Wisconsin.  You and Prism Fitness agree that these Terms of Use and all matters relating to your access to or use of this website shall be governed by and construed in accordance with the laws of the State of Wisconsin without regard to any conflicts of laws principles. For the purpose of resolving conflicts relating to or arising out of this website or these Terms of Use, or arising out of any other dispute or claim associated with Prism Fitness, you agree that proper venue shall be in Dane County, Wisconsin, and you hereby consent to the exclusive jurisdiction of the federal and state courts in Dane County Wisconsin.  Prism Fitness makes no representation that materials on this website are appropriate or available for use in other locations, and accessing such materials where such content is illegal or is prohibited.  Use of this website is unauthorized where it is in violation of any legal limitations or requirements. 

Privacy Policy

The Prism Fitness, Inc. Privacy Policy, located here governs the manner in which Prism Fitness handles information provided by you in connection with the website.