Terms of Use

This Terms of Use (“Terms” or “Agreement”) applies to the website located at www.theperfect105.com (“Site”) and all of its subsidiaries and affiliates. The Site is the owned and operated by Edge Private Fitness LLC.

NOTICE: By using the Site, you agree to be legally bound by the Terms. The Perfect 105 reserves the right to update or change the Terms and you agree to be bound by such modifications or revisions. Your continued access or use of the Site will be deemed as an irrevocable acceptance of any such changes, modifications, or alterations. Nothing in the Terms shall be deemed to confer any third-party rights or benefits.

Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting, or duplicating of any of the material published on The Perfect 105, in whole or in part, is expressly prohibited. Any unauthorized use may subject the offender to civil liability and criminal prosecution under applicable federal and state law.

No material or communication you send to The Perfect 105 will be treated as confidential.

Representations

You affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use. Furthermore, you affirm that you will in fact abide by and comply with the Terms of Use.

Copyrights and Trademarks

The Site, and all materials incorporated on the Site, including, but not limited to text, photographs, graphics, video, and audio content, (“Content”) are protected by copyrights, patents, or other proprietary rights under laws of the United States and other countries. Some of the logos and images incorporated on the Site are also protected as registered or unregistered trademarks or trade names (“Trademarks”) owned by The Perfect 105. All other trademarks are the property of their respective owners. Use of the Trademarks of The Perfect 105, or of any other party, is not authorized in any manner other than as incorporated into the Site.

Infringement Notice

If you believe that any Content appearing on The Perfect 105 has been copied in a way that constitutes copyright infringement under the laws of the USA, email the following information to mail@edgeprivatefitness.com:

1. Contact Information. Your full name, address, phone number, and email address.
2. Description. A description of the copyrighted work that you claim has been infringed.
3. Page URL. The exact URL of where the alleged infringing material is located.
4. Good Faith Basis. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or permitted by law.
5. Proof of Authority. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
6. Declaration of Truth. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Your Use of the Site

1. You may not use any “deep link,” “Web scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. The Perfect 105 reserves the right to bar any such activity.
2. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any The Perfect 105 server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
3. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site. You may not breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse lookup, trace, or seek to trace any information to its source on any other user, member, customer, or visitor of the Site (“User” or “Users”), including any The Perfect 105 account not owned by you. You may not exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
4. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or The Perfect 105’s systems or networks, or any systems or networks connected to the Site or to The Perfect 105.
5. You agree not to use any device, software, or process to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
6. You may not forge or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to The Perfect 105 on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
7. You may not use the Site or any Content for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of The Perfect 105 or others.

Submission of Unsolicited Materials

The Perfect 105 policy prohibits The Perfect 105 or its employees from accepting or considering any unsolicited ideas, proposals, suggestions, or materials of any nature whatsoever (“Unsolicited Materials”). Accordingly, you may not use this Site or any information obtained from the Site to submit Unsolicited Materials to The Perfect 105 or anyone affiliated with The Perfect 105 via email or by any other means. We have adopted this policy to avoid potential misunderstandings or disputes when new products, services, and features developed internally by The Perfect 105 personnel may appear to be similar to Unsolicited Materials submitted to the The Perfect 105.

By ignoring this policy and submitting or posting Unsolicited Materials, including without limitation, text, photos, video, sound recordings, artwork, designs, software, data, or any other materials, you are giving us permission, in perpetuity, on a no charge, royalty-free basis to use the Unsolicited Materials in connection with The Perfect 105 or any of The Perfect 105’s advertisements and promotions, and for any other purpose for which The Perfect 105 chooses to use the Unsolicited Materials.

Moderation and Monitoring

The Perfect 105 shall have the right, but not the obligation, to monitor Comments. The Perfect 105 shall have the right, in its sole discretion, to edit, refuse to post, or remove any material submitted or posted to the Forums. Without limiting the foregoing, The Perfect 105 shall have the right to remove any material that The Perfect 105, in its sole discretion, finds to be in violation of the Terms or otherwise objectionable.

Account Termination

The Perfect 105 will terminate a User’s access to the Site if, under appropriate circumstances, the User is determined to be in violation of the Terms, at any time, without prior notice and in its sole discretion.

Disclaimer of Warranty and Limitation of Liability

1. You expressly agree that use of the Site is at your sole risk. Neither The Perfect 105, its subsidiaries, its other affiliates, nor any of their respective employees, or agents warrant that the Site will be uninterrupted or error free. Nor do they make any warranty as to the results that may be obtained from use of the Site, or as to the accuracy, reliability or Content of any information, service, or merchandise provided through the Site.
2. The Site, including, without limitation, any downloadable software, is provided on an “as is” 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, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms of service.
3. The Site may offer health, fitness, nutritional, and other such information, but such information is designed for educational and informational purposes only. The information contained on the Site does not and is not intended to convey medical advice and does not constitute the practice of medicine. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. The Perfect 105 is not responsible for any actions or inaction on a User’s part based on the information that is presented in the Site.
4. To the fullest extent permissible by applicable law, in no event shall The Perfect 105, or its present or future affiliated companies, be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer or device or technology failure or malfunction, or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the Site or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the Sites, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, Content, or technology, pertaining to or on the Sites. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if The Perfect 105 or its present or future parents or affiliated companies has been advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, you also specifically acknowledge that The Perfect 105 and/or its present or future parents and affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other Users of the Sites or any other third parties.
5. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
6. The Perfect 105 disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Site, you acknowledge and agree to The Perfect 105’s disclaimer of any such liability. If you do not agree, do not access or use the Site.

Important Health Information

People with certain conditions may not use any program, meal plan, or diet found on or suggested by The Perfect 105; these include, but are not limited to people who: (a) are pregnant, (b) are allergic to dairy, soy, peanuts, or latex (which is used in food processing), (c) have anorexia or bulimia, (d) have chronic kidney disease, or (e) have a condition requiring a gluten-free or ketogenic diet.

Children under 14 years of age may not be on the any program, meal plan, or diet found on or suggested by The Perfect 105. Adolescents aged 14-17 years require a specific meal plan and physician approval. Nursing mothers also require adjusted information. Men weighing in excess of 450 lbs. and women weighing in excess of 400 lbs. require doctor approval to be on any program, meal plan, or diet found on or suggested by The Perfect 105. For more information, relating to other health conditions that may require physician, please visit your personal medical provider and any and all necessary medical professionals.

The Cusp of Keto program is a portion-controlled, macronutrient specific comprehensive weight loss program. Please consult your physician before beginning the Cusp of Keto program, or any other weight loss program, as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Anyone on insulin or diabetic medications who go on a macronutrient specific diet may be at risk of hypoglycemia (low blood sugar) if medications are not adjusted. Your physician may need to adjust your medications due to changes in your diet, exercise, or weight while on this program. As a general guideline, we also recommend taking a multivitamin as a part of your Cusp of Keto program for optimal health. You should also discuss your continued participation in the Cusp of Keto program with your physician if there is any change in your medical condition.

It is important to note that medical studies indicate that people 20 percent or more above their ideal weight are at increased risk of many illnesses or diseases, including coronary heart disease, heart attacks, diabetes, increased cholesterol levels, high blood pressure, strokes, gallbladder disease, kidney disease, neurological disorders, gout, osteoarthritis, and certain types of cancer. It is also important to be aware of certain risks that have been associated with weight loss. Any weight loss program may cause constipation, muscle cramps, dehydration, diarrhea, dizziness, dry or cold skin, fatigue, gallbladder inflammation or gallstones, gout, hair loss, headaches, heart palpitations, loss of lean body mass, irregular or stopping of menstruation, reduced tolerance to cold, as well as other possible side effects.

Indemnification

You agree to indemnify and hold harmless The Perfect 105, its officers, members, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site by you or your Account. The Perfect 105 reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide The Perfect 105 with such cooperation as is reasonably requested by The Perfect 105.

Governing Law and Jurisdiction

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the State of Massachusetts, USA.

This Agreement has been delivered at and shall be deemed to have been made and entered into in Dracut, Massachusetts. Accordingly, the rights and liabilities of the parties shall be determined in accordance with the laws of the State of Massachusetts, without regard to its principles of conflicts of laws.

The parties agree that the exclusive jurisdiction and venue for the resolution of any dispute arising from or relating to this Agreement shall lie in the District Court for the State of Massachusetts, sitting in Boston, Massachusetts.

Each party irrevocably consents to the service of process in any such dispute if served in accordance with the notice provisions contained herein.

Void Where Prohibited

The Perfect 105, in its sole discretion, reserves the right to limit the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Perfect 105 without restriction.

Severability

If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and The Perfect 105’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The Perfect 105 reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

Copyright © 2019 Edge Private Fitness, LLC.

All rights reserved.