Star Ranch Fitness TERMS OF SERVICE LAST UPDATED: April 30, 2021
A. Description of Service. Star Ranch Fitness is your personal daily health, fitness and lifestyle destination. Through cutting-edge content, interactive tools and an engaged community, Star Ranch Fitness will help you take action to make the most of your life, your time, your body and your world, and enjoy sharing in our community.
B. Your Obligation to Stay Current. We encourage you to check back regularly to review these Terms.
We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Service witho
ut notice to you. We may modify or remove any Content (as defined below) from the Service at any time without notice to you, including the removal of Content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
Occasionally, there may be information on the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Service or on any related website or Mobile Application is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Service or on any related website or Mobile Application, except as required by applicable local, state, federal or international laws, regulations, or statutes (collectively, “Applicable Law”). No specified update or refresh date applied to the Service or on any related website or Mobile Application should be taken to indicate that all information on the Service or on any related website or Mobile Application has been modified or updated.
A. Content Protected by Intellectual Property Rights; No Warranty. Any content available through the Service, including tools, Mobile Applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Star Ranch Fitness Content”) is protected by the intellectual property rights of Star Ranch Fitness or its licensors. Star Ranch Fitness, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT:
i. THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT; OR
ii. THE SATISFACTION OF ANY LAWS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUGS OR OTHER HEALTH-RELATED PRODUCTS AND SERVICES.B. Your Warranties Regarding Your Content. By displaying or publishing (“posting”) any text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information or other works of authorship (collectively, “User Content”, and, together with Star Ranch Fitness Content, the “Content”) on the Service, you warrant and represent the following:
i. you own all rights in the User Content or, alternatively, you have sufficient rights in the User Content to grant to Star Ranch Fitness the rights described in these Terms;
ii. you will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of the User Content in connection with posting it to the Service;
iii. you are the individual pictured, depicted, and/or heard in the User Content, or you have obtained permission from each person (including consent from parents or guardians for anyone under the age of eighteen (18)) who appears and/or is heard in the User Content to grant the rights to Star Ranch Fitness described in these Terms; and
iv. the User Content is not defamatory, and does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.C. Establishing an Account. We may request that you open an account (“Account”) to access certain features of the Service. You must create an Account to access these features. When creating an Account, you must provide us with accurate and complete registration information as prompted. You must promptly notify us if any of this information changes. If you fail to provide or update this information, we may suspend or terminate your right to access the Service, including suspending or terminating your Account. You may be asked to create a password. You must keep your password confidential. You will be responsible for all use of your password and Account, including, without limitation, any use by any unauthorized third party. You must notify us if you believe your password or Account has been obtained or may be accessed or used by an unauthorized person or entity. In addition, you must notify us immediately if you become aware of any breach or attempted breach of the security of the Service. We recommend that you change your password often. Under no circumstances should you respond to a request for your password, particularly a request from an individual claiming to be our employee or someone operating on our behalf, as we will never ask you for your password.
D. Account Security. Star Ranch Fitness cares about the integrity and security of your Account information. However, Star Ranch Fitness cannot guarantee that unauthorized third parties will never be able to defeat Star Ranch Fitness security measures or use any Account or personal information you provide to us for improper purposes. You acknowledge that you provide personal information and establish your Account at your own risk. Furthermore, you are entirely responsible for any and all activities that occur under your Account. Star Ranch Fitness will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. You could be held liable for losses incurred by Star Ranch Fitness or another party due to someone else using your Account. You may not use anyone else’s Account at any time, without the permission of the Account holder. Your Account is unique to you and may not be transferred to any third party.
E. Community Services. Star Ranch Fitness provides a number of means by which you may communicate with other users and with us, including various communication and personalization tools and services that are part of our Star Ranch Fitness community (collectively, the “Community Services”). The Community Services may include comments, discussion forums, and listings, in which you or other users may post content, messages, materials or other items on the Service. All of your communications made to or through these other means or our Community Services, as well as any attachments to those communications or otherwise submitted to us (such as documents, photographs and videos) are included in the definition of “User Content,” and are subject to the terms for User Content as set forth herein. You are solely responsible for your use of such Community Services and use them at your own risk. No action should be taken based upon any of the information contained in the Community Services. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any opinion, advice, or information contained on the Service, including the Community Services. All statements, information and other User Content submitted by users are solely the opinions of users, and not of Star Ranch Fitness. You are responsible for all usage and activity in the Community Services through your username and password, including use of your username and password by any third party. You should be aware that disclosure in the Community Services of your full name, street address or other personal information raises safety concerns and may result in solicitations from third parties or unwanted communications. We disclaim any responsibility or liability arising from your disclosure of such personal information, or any other information, in the Community Services.
A. Ownership of Your User Content. You retain ownership of your rights in any User Content you post to the Service, subject to the non-exclusive rights that you grant to us as described in these Terms.
B. Your License to Star Ranch Fitness
i. Subject to your right to terminate your license to us as described in Section 5(C) below, you hereby grant Star Ranch Fitness an irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio and video transmission), advertise in, on, and around, and create derivative works of the User Content you submit or make available for inclusion on or through the Service, and to incorporate such User Content into other works in any form, media, or technology now known or later developed.
ii. To the extent permitted under Applicable Law, you also hereby waive any moral rights you may have under the Applicable Law of any jurisdiction in the User Content you submit or make available on or through the Service. We may (but are not obligated to) display your User Content, including your username and your actual name (according to the preferences you select).C. Your Right to Terminate the License. At any time, you may modify or remove from the Service any User Content consisting of photos, graphics, audio or video that you have submitted or made available for inclusion on or through the Service (but not, for clarity, any User Content solely in the form of text that you have posted to the Community Services). Your removal of such User Content from the Service will terminate our license to such User Content. But, if prior to such removal or modification, Star Ranch Fitness has distributed, or developed specific plans to distribute, any electronic, printed, or other materials containing such User Content (e.g., in advertising, promotion or otherwise), then Star Ranch Fitness and its licensees have a limited right to continue to distribute those materials. You may terminate this limited license by sending us written notice to stop distributing the materials, in which event we will stop distributing the materials within thirty (30) days. Your notice must be sent through our “Contact Us” web page located at https://starranchfitness.com/get-in-touch, have a subject heading of “REMOVE CONTENT,” and include your telephone number and email address. In addition, the notice must clearly identify the User Content at issue and contain statements that you own or have an exclusive right to the User Content and that all the information in the notice is true and correct. The thirty (30) day period for Star Ranch Fitness to stop distributing your User Content begins only once Star Ranch Fitness has received a notice complying with the requirements of this Section 5(C).
D. User Submissions. When you submit ideas, suggestions, documents, or proposals (collectively, “Submissions”) to Star Ranch Fitness via the Service, email or other forms of communications, you represent, warrant, and agree that: (i) your Submissions do not include confidential or proprietary information; (ii) if we so choose, Star Ranch Fitness may use and disclose your Submissions in any way; Star Ranch Fitness has wide access to submissions, designs, concepts, ideas, and other materials, and that new submissions, designs, concepts, ideas, and other materials, are constantly being submitted to it or being developed by its own employees, agents, consultants or representatives. You also acknowledge that such submissions, designs, concepts, ideas, and other materials, may be competitive with, similar to, or identical to your Submissions and/or each other in design, concept, style, or other respects; and Star Ranch Fitness has no obligation to pay or reimburse you for your Submissions or our use of your Submissions.
You must not post to the Service any Content that, as reasonably determined by Star Ranch Fitness is:
A. untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable;
B. infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity, or content that is the subject of any claim of infringement or violates any unfair competition law;
C. of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
D. unsolicited, undisclosed or unauthorized advertising;
E. software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
F. data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
G. in violation of any applicable local, state, national or international law (including export laws).
A. Prohibited Conduct. You must not do, or attempt to do, any of the following, as reasonably determined by Star Ranch Fitness, subject to Applicable Law:
i. access or use the Service in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
ii. access, tamper with, or use services or areas of the Service that you are not authorized to access;
iii. alter information on or obtained from the Service;
iv. tamper with postings, registration information, Account information, profiles, Submissions or Star Ranch Fitness Content belonging to Star Ranch Fitness or its licensors, or the User Content of other users of the Service, including within the Community Services;
v. use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
vi. frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your User Content for any purpose except as expressly permitted in writing by Star Ranch Fitness;
vii. impersonate or misrepresent your affiliation with any person or entity;
viii. everse engineer any licensed software, Mobile Application, tools or any other aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
ix. send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, malicious, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Service or any recipient; or
x. take any action which might impose a significant burden (as determined by us) on the Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.B. Liquidated Damages. IF YOU, EITHER DIRECTLY OR INDIRECTLY, SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, “UNSOLICITED EMAIL OR OTHER COMMUNICATION”) THROUGH THE SERVICE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO Star Ranch Fitness, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY Star Ranch Fitness FORTY U.S. DOLLARS ($40) FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION THAT YOU ARE RESPONSIBLE FOR BEING SENT.
A. No Duty to Monitor. We are under no obligation to restrict or monitor the Service or any Content in any way. IT WOULD BE IMPOSSIBLE FOR Star Ranch Fitness TO MONITOR THE ACCURACY OR RELIABILITY OF ALL OF THE CONTENT AVAILABLE THROUGH THE SERVICE. However, we reserve the right to modify or remove any Content at any time. Some of this monitoring may be done by users of the Service who have volunteered their time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) and not of Star Ranch Fitness. Star Ranch Fitness neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Service.
B. Right to Resolve Disputes Star Ranch Fitness has the right, but not the obligation to attempt to resolve disputes between users relating to the Service and Star Ranch Fitness resolution of a particular dispute does not create an obligation to resolve any other dispute. Star Ranch Fitness resolution of any dispute is final with respect to the Service.
A. Intellectual Property. Star Ranch Fitness owns, or is the licensee to, all right, title and interest in and to the Service and the Star Ranch Fitness Content, including all rights under patent, copyright, trade secret, trademark, right of publicity, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof.
If you have a complaint, you may contact us at :
Davis Health & Wellness, LLC
700 Smith St. #61070, SMB #5016
Houston, TX 77002
© DAVIS HEALTH & WELLNESS, LLC. All rights reserved.