TERMS & CONDITIONS
Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights, remedies and obligations and in using this website you are deemed to have read and agreed to the following Terms and Conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice and any and all Agreements: “Client”, “Member”, “Visitor”, “You”, and “Your” refers to you, the person accessing this website ad accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us” refers to our Company (White Barn Fitness, LLC). “Party”, “Parties”, or “Us”, refers to both the Client and Ourselves, or either the Client or Ourselves. All terms refer to the offer, acceptance or consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect to the Companies’ stated services and products, in accordance with and subject to the prevailing Oklahoma law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
We reserve the right to change the terms of use at any time without notice. You are hereby advised that your continuous use of our website constitutes your acceptance of these terms of use and of any successive modification of these terms of use.
This website allows users to receive information about our services as well as book, cancel and pay for services and products offered through White Barn Fitness, LLC.
SUBSCRIPTIONS
SUBSCRIPTION PERIOD
The service is available only with a paid subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of subscription plan you select when purchasing the subscription. At the end of each period, your subscription will automatically renew under the exact same conditions unless you cancel it or the company cancels it.
SUBSCRIPTION CANCELLATIONS
You may cancel your subscription renewal either through your account settings page or by contacting the company. You will not receive a refund for the fees you already paid for your current subscription period and you will be able to access the service until the end of your current subscription period. If the subscription has been made through an in-app purchase, you can cancel the renewal of your subscription with the application store.
BILLING
You shall provide the company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. Should automatic billing fail to occur for any reason, the company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. If the subscription has been made through an in-app purchase, all billing is handled by the application store and is governed by the application store's own terms and conditions.
FEE CHANGES
The company, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current subscription period. The company will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
REFUNDS
Except when required by law, paid subscription fees are non-refundable. Certain refund requests for subscriptions may be considered by the company on a case-by-case basis and granted at the sole discretion of the company. If the subscription has been made through an in-app purchase, the application store's refund policy will apply. If you wish to request a refund, you may do so by contacting the application store directly.
FREE TRIAL
The company may, at its sole discretion, offer a subscription with a free trial for a limited period of time. You may be required to enter your billing information in order to sign up for the free trial. If you do enter your billing information when signing up for a free trial, you will not be charged by the company until the free trial has expired. On the last day of the free trial period, unless you canceled your subscription, you will be automatically charged the applicable subscription fees for the type of subscription you have selected. At any time and without notice, the company reserves the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer.
IN-APP PURCHASES
The application may include in-app purchases that allow you to buy products, services or subscriptions. More information about how you may be able to manage in-app purchases using your device may be set out in the application store's own terms and conditions or in your device's help settings. In-app purchases can only be consumed within the application. If you make an in-app purchase, that in-app purchase cannot be cancelled after you have initiated its download. In-app purchases cannot be redeemed for cash or other consideration or otherwise transferred. If any in-app purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement in-app purchase or issue you with a patch to repair the fault. In no event will we charge you to replace or repair the in-app purchase. In the unlikely event that we are unable to replace or repair the relevant in-app purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorize the application store to refund you an amount up to the cost of the relevant in-app purchase. Alternatively, if you wish to request a refund, you may do so by contacting the application store directly. You acknowledge and agree that all billing and transaction processes are handled by the application store from where you downloaded the application and are governed by that application store's own terms and conditions. If you have any payment related issues with in-app purchases, then you need to contact the application store directly.
INTELLECTUAL PROPERTY
The service and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of the company and its licensors. The service is protected by copyright, trademark, and other laws of both the country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the company.
LINKS TO OTHER WEBSITES
Our service may contain links to third-party web sites or services that are not owned or controlled by the company. The company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
TERMINATION
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these terms and conditions. Upon termination, your right to use the service will cease immediately.
LIMITATION OF LIABILITY
Notwithstanding any damages that you might incur, the entire liability of the company and any of its suppliers under any provision of this terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the service or 100 usd if you haven't purchased anything through the service. To the maximum extent permitted by applicable law, in no event shall the company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this terms), even if the company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" AND "AS AVAILABLE" DISCLAIMER
The service is provided to you "as is" and "as available" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the company provides no warranty or undertaking, and makes no representation of any kind
That the service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of the company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
GOVERNING LAW
The laws of the country, excluding its conflicts of law rules, shall govern this terms and your use of the service. Your use of the application may also be subject to other local, state, national, or international laws.