Terms & Conditions

TERMS OF USE

Welcome! JANE JOURDAN DBA FIT FOR BROADWAY (“Fit for Broadway”, “us”, “our” or “we”), owns and operates this Website, services, content, technologies and applications located at fitforbroadway.com (" Website”). These Terms of Use (“Terms”) constitute a legally binding agreement made by and between Fit for Broadway and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”).

BY ACCESSING, USING ANY PART OF THE WEBSITE OR SERVICES AND/OR PURCHASING ACCESS TO ANY OF OUR WORKSHOPS (“ONLINE WORKSHOPS”), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN LIABILITY LIMITATIONS. THESE TERMS MAY CHANGE FROM TIME TO TIME SO YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE TERMS.  IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE WEBSITE OR ANY SERVICES.

If you have any questions about these Terms, please contact us at admin@fitforbroadway.com.

TERMS AND CONDITIONS

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Website and use the Services for your personal, non-commercial use, and as we otherwise intend. Fit for Broadway reserves the right to monitor the Service for the purpose of determining that your usage complies with these Terms.

You agree that all transactions will be performed electronically and that the terms of the purchase of access to and use of any Services we provide throughout Website (the “Services”) will be governed by these Terms.

1. Prohibited Conduct.

The following behavior is prohibited on our Website and may result in the termination of your account and use of our Website, in our sole discretion: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Website; (b) use the Service or Website commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Service or Website (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Service, Website, or underlying any technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Service or Website; (g) collect information about users of the Service, the Website, or the Service; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Service or Website. These acts may not be carried out directly or indirectly and the list above is not intended to be exhaustive.

If you are using this Website on behalf of a third party, you are representing to us that you are an authorized representative of that third party and that your use of the Website constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Website or the website of any of our affiliates, you are not permitted to access the Website.

Fit for Broadway creates and controls this Website from the United States. You are responsible for compliance with local laws and assume the risk of accessing the Website and Services from other locations.

2. Account Registration and Account Use.

If you create an account, you must provide us with complete and accurate information and keep this information updated. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You may not use anyone else’s account at any time. You agree to notify Fit for Broadway immediately of any unauthorized use of your account or any other breach of security. We reserve the right to monitor your account for possible fraudulent activity and if we believe such activity is occurring, cancel or suspend your account.

You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Fit for Broadway or a third party due to someone else using your account, in accordance with Section 9 of these terms.

Fit for Broadway has no obligation to retain a record of your account or any data or information that you may have stored in your account or in the course of using the Website or Services. You are responsible for storing and backing up your data and records. 

3. We May Discontinue or Suspend Our Website or Terminate Your Use.

While we strive to provide you with access to our Website at all times, service may be temporarily interrupted from time to time for maintenance or other reasons. We reserve the right to temporarily or permanently disable our Website with or without notice. We may also deny you access to parts or the whole of our Website at any time for any reason, as we deem necessary. You agree that we will not be liable to you or any third party for any such termination, modification, suspension or discontinuance of our Website. 

If you terminate your account, you must contact us through email at jane@fitforbroadway.com and you will remain liable under these Terms for any purchase made prior to termination. If we terminate your right to access the Website, these Terms will terminate and all rights you have to access the Website will immediately terminate.

4. Rights and Disclaimers.

(a) Fit for Broadway retains rights and ownership of the intellectual property used on the Website and in conjunction with the Services. You are not granted rights or ownership of Fit for Broadway’s intellectual property through your use of the Website or Services.

(b) Any user generated comments or submissions that are submitted to Fit for Broadway shall become and remain the sole property of Fit for Broadway, unless agreed to otherwise in writing.

(c) If you submit any user content through our Website or Services, you and our affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy distribute, display, and publish your user content on our Website and affiliated publications or social media accounts, as well as store, distribute, and use this content for promotional and marketing purposes. We reserve the right to remove user submitted content from our Website or affiliated accounts for any reason, at any time.

(d) The Website may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the Website may contain links to third-party websites. Fit for Broadway is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party sites or the acts or omissions of third party providers. 

(e) You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent us from exploiting the rights granted in herein.

(f) You also grant us the right to use and display the name, photograph and any other biographical information that you submit with any User Content in connection with such User Content.

(g) You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Website, including, without limitation, any personal information. FIT FOR BROADWAY IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING PERSONAL OR OTHER INFORMATION THROUGH OUR WEBSITE OR IN CONJUNCTION WITH OUR SERVICES.  

(h) By submitting user content, comments, or other information to Fit for Broadway, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Fit for Broadway the required rights to disseminate any User Content, (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Fit for Broadway’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the Website, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy, (3) publish falsehoods or misrepresentations that could damage us or any third party; (4) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (5) you will not post content intended to provide professional advice, including the provision of medical advice; or (6) post advertisements or solicitations of business.

If you believe your intellectual property rights are being infringed, please immediately let us know by emailing admin@fitforbroadway.com. We may also remove content that appears to infringe the intellectual property rights of others, in our sole discretion.

(i) HEALTH DISCLAIMER. FIT FOR BROADWAY’S WEBSITE AND SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, OR CURE ANY PSYCHOLOGICAL OR MEDICAL CONDITIONS. WHILE OUR SERVICES OR WEBSITE MAY INCLUDE INFORMATION RELATING TO EMOTIONAL, MENTAL, OR PHYSICAL WELL-BEING, THIS INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION FOUND ON OUR WEBSITE OR IN CONJUNCTION WITH OUR SERVICES WILL NOT BE USED FOR MEDICAL OR CLINICAL PURPOSES OR BE USED IN LIEU OF SEEKING PROFESSIONAL ADVICE AND TREATMENT. UNDER NO CIRCUMSTANCES SHOULD MEDICAL ADVICE BE DISREGARDED OR DELAYED IN BEING SOUGHT BECAUSE OF INFORMATION FOUND ON OUR WEBSITE OR IN CONJUNCTION WITH OUR SERVICES.

BEFORE PARTICIPATING IN ANY DIET OR PHYSICAL EXERCISE OR USING ANY FITNESS PRODUCTS, WE URGE YOU TO CONSULT WITH A HEALTHCARE PROFESSIONAL. FIT FOR BROADWAY, ITS EMPLOYEES, AND ITS AFFILIATES ARE NOT LICENSED MEDICAL PROFESSIONALS, ARE NOT PROVIDING PERSONALIZED ADVICE OR TREATMENT, AND HAVE NO EXPERTISE IN ADVISING, DIAGNOSING, EXAMINING, OR TREATING MEDICAL OR PSYCHOLOGICAL CONDITIONS OF ANY KIND OR IN DETERMINING THE EFFECTS OF VARIOUS TREATMENTS. 

ANY PHYSICAL EXERCISE POTENTIALLY POSES A RISK OF INJURIES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ASSESSING YOUR ABILITIES, FITNESS, AND CONDITION TO DETERMINE IF ADJUSTMENTS WILL MAKE ANY EXERCISES MORE SUITABLE FOR YOU. IF YOU ARE PREGNANT, HAVE AN EATING DISORDER, HAVE DIABETES, OR ANY OTHER PHYSICAL OR MEDICAL CONDITION, YOU MUST SEEK THE ADVICE OF A MEDICAL PROFESSIONAL PRIOR TO USING OUR WEBSITE AND/OR SERVICES. PARTICIPATING IN DIETS AND PHYSICAL ACTIVITY POSES A RISK OF INJURY AND/OR DEATH AND YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ANY SUCH ACTIVITIES. 

FIT FOR BROADWAY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, OR APPROPRIATENESS FOR ANY PURPOSE OF THE INFORMATION ON OUR WEBSITE OR PROVIDED IN CONJUNCTION WITH OUR SERVICES. WE MAKE NO GUARANTEE THAT THE INFORMATION PROVIDED IS THE MOST RECENT ON ANY PARTICULAR SUBJECT.

YOU EXPRESSLY WAIVE AND RELEASE ANY CLAIM THAT YOU MAY HAVE AT ANY TIME FOR INJURY OF ANY KIND AGAINST FIT FOR BROADWAY, OUR EMPLOYEES, OR OUR AFFILIATES, INCLUDING DIRECTORS, PRINCIPALS, INSTRUCTORS, CONTRACTORS, AGENTS, AND REPRESENTATIVES. 

5. Your Use of Our Content is Restricted:

(a) You do not have the right to copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our Website or any content thereon, without our express written permission. You agree that the information available to you on this Website, including photos, videos, and other content,  is proprietary in nature and we own the rights to this information. The content on our Website may not be used to construct a database of any kind without our permission. 

(b) We are concerned about the integrity of our Website when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our Website. Neither you nor any third party shall make use of the contents of our Website in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.

6. Affiliate Content. 

Opinions and other statements expressed by users, affiliates, and third parties are theirs alone, not opinions of Fit for Broadway. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our Website and/or Services, Fit for Broadway is not undertaking any obligation or liability relating to the content. Fit for Broadway and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our Website for inappropriate or unlawful content and assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Fit for Broadway reserves the right to block or remove communications, postings or materials at any time in our sole discretion.

7. Disclaimers:

THE WEBSITE AND SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS,” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. FIT FOR BROADWAY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. FIT FOR BROADWAY MAKES NO REPRESENTATION, WARRANTY, GUARANTEE, OR PROMISE THAT THE WEBSITE OR SERVICES OR ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. OUR WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.

FIT FOR BROADWAY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE WEBSITE, AND FIT FOR BROADWAY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. FIT FOR BROADWAY WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

8. LIMITATION OF LIABILITY.

IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL FIT FOR BROADWAY, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “FIT FOR BROADWAY” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE WEBSITE, OR SERVICES, EVEN IF FIT FOR BROADWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. FIT FOR BROADWAY WILL NOT BE LIABLE FOR THE COST OF SERVICES, LOSS OF REVENUE OR LOSS OF GOOD WILL.

IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A SERVICE, $100.  THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW.

9. Indemnity.

You agree to defend, indemnify and hold harmless Fit for Broadway, its affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any purchase of service or transaction on this Website; (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future); (d) arising from or related to our use of your User Content or Feedback in the context of the Services; or (e) arising from, related to, or connected with your use or misuse of the Website or Services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent.

10. Your Information.

For more information on how we collect and use your data, please see our Privacy Policy.

11. Actions Against Us. 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Website, your use of our Website, or your access to and use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12. DISPUTES

You agree that any claim or controversy you bring against us relating in any way to any breach, enforcement, or termination of the Terms or your use of or access to the Website or Services will be resolved through final and binding arbitration. Fit For Broadway reserves the right to seek injunctive relief in state of federal court in New York for any violation of these terms by you. If Fit For Broadway seeks injunctive relief, you agree that arbitration is not an adequate remedy at law.

If you have a dispute, you agree to first reach out to use through email at jane@fitforbroadway.com. Both parties will use their best efforts to settle in good faith and through amicable negotiations.

Any dispute will be governed by the laws of New York and in the courts of New York, unless another jurisdiction is mutually agreed upon by both parties. You agree to bear all costs of any arbitration claims filed against Fit For Broadway. All arbitration will be conducted by the American Arbitration Association.

ALL CLAIMS MUST BE FILED WITHIN ONE (1) YEAR OF THE CLAIM ARISING OR THE CLAIM WILL BE BARRED.

13. Survival.

All terms of these Terms, which by their nature would survive the termination, shall survive.

14. Force Majeure: 

Under no circumstances shall Fit for Broadway or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

15. No Waiver; Severability: 

Fit for Broadway’s failure to exercise or enforce its rights under these terms will not be a waiver of those rights or sections. Any waivers of rights must be made in writing by an authorized representative. If a court of competent jurisdiction determines that a section of these terms are invalid, illegal, or unenforceable for any reason, that section will be limited or amended to the minimum extent necessary, and all of the other sections of these terms will remain in full force and effect.

16. Miscellaneous: 

These terms along with our Privacy Policy represents the entirety of the agreement between you and Fit for Broadway and governs your interactions with Fit for Broadway and use of our Services. It supersedes all prior agreements (including prior versions of these terms).

These terms do not create a partnership, joint venture, or employee-employer relationship between you and Fit for Broadway.

17. Notices and Electronic Communications: 

We will transact and communicate to you by electronic means. You agree and authorize our delivery of any notices by email or other electronic means. It is your sole responsibility to keep your email address on file with us up to date. Any notice you wish to deliver to us can be sent to jane@fitforbroadway.com.

Last Modified JANUARY 17, 2020