terms and conditions

 

greetings

Welcome to www.loganfitnessstrategy.com.  We are delighted to have you.  This website is owned and operated by Logan Fitness Strategy LLC (hereinafter referred to as "we", "our", "us", "me", "my" or "I",), founded by Lirjon Fisniku.  The Terms and Conditions in this policy (hereinafter referred to as "Agreement") cover our website, blog, guest blogs, emails, social media, videos, photos, content, materials, information, programs, services, and/or products (hereinafter referred to as "Resources").

Your use of our Resources signifies your understanding and agreement to accept and abide by all of the Terms and Conditions below, along with our Privacy Policy's Terms and Conditions (for more information see the Privacy Policy section below).

electronic communications

Sending emails to logan@loganfitnessstrategy.com and/or visiting and/or using our website, blog, guest blogs, social media accounts, programs, services, and/or products and their associated content, materials, and/or information constitutes electronic communication.  You consent to receive electronic communications from us, and you agree that all agreements, disclosures, notices, and other communications that we electronically provide to you—via email and/or through visiting and/or using our website, blog, guest blogs, social media accounts, programs, services, and/or products and their associated content, materials, and/or information—fulfill any legal requirement that such communications be in writing.

responsible use and conduct

By accessing and/or using our Resources, you agree to use our Resources strictly in accordance with this Agreement and in accordance with applicable laws, regulations, and generally accepted online guidelines or practices.  You agree, as a condition of your use of our Resources, that you will not use our Resources for any unlawful purpose and/or a purpose prohibited by this Agreement.  Use of our Resources in any manner which could damage, disable, disrupt, impair, overburden, and/or interfere with our Resources or interfere with any other party's use and enjoyment of our Resources, including the networks and/or servers to which our Resources are located or connected, is strictly not allowed.  Obtaining and/or attempting to obtain any materials and/or information through any means not intentionally made available and/or provided for through our Resources, including but not limited to any agent, software, and/or device (including but not limited to spiders, crawlers, data mining tools, robots, etc.), is strictly not allowed.

By accessing and/or using our Resources, you understand and agree that:

  1. In order to use our Resources, it may be necessary that we ask you provide certain information about yourself.  You acknowledge that any information you provide to us will always be accurate and current.
  2. It is your responsibility to maintain the confidentiality of any login information of any account you use to access our Resources, and all activities that occur under your account(s) are your responsibility.  You will not attempt to access any such account(s) of any other users of our Resources.
  3. Attempting to copy, reproduce, duplicate, trade, sell, or resell our Resources is strictly not allowed.
  4. Due to any unauthorized activities conducted by you, you are solely responsible for any consequences, damages, or losses that we may directly or indirectly suffer or incur, and may become subject to criminal or civil liability. 

use of communication tools

Our Resources may contain open communication tools, such as blog comments, blog posts, message boards, chat areas, news groups, forums, communities, product ratings and reviews, calendars, various social media services, and/or other message or communication tools designed to enable you to communicate with the public at large or with a group (hereinafter referred to as "Communication Tools").  You agree to use the Communication Tools only to post, receive, and send messages and material that are respectable and related to the particular Communication Tool.

You agree that when using any of the Communication Tools, you will not, including but not limited to:  defame, harass, abuse, threaten, intimidate, degrade, stalk, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; post, publish, upload, disseminate, or distribute any inappropriate, fraudulent, deceptive, defamatory, profane, infringing (on any trademark, trade secret, copyright, patent, or other proprietary right of any party), obscene, racist, indecent, or unlawful topic, name, material, or information; impersonate any person or entity, including but not limited to Logan Fitness Strategy LLC, its founder, and/or all of its members, agents, and/or constituents; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage another's computer; advertise or offer to buy or sell any goods or services for any business purpose, unless such Communication Tool specifically allows such messages; conduct or forward contests, surveys, pyramid schemes, or chain letters; download any file posted by another user of a Communication Tool that you know, or reasonably should know, cannot be distributed legally in such a manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; inhibit or restrict any other user from using and enjoying the Communication Tool; violate any code of conduct or other guidelines which may be applicable for any particular Communication Tool; collect or otherwise harvest information about others, including but not limited to email addresses, without their consent; violate any applicable laws or regulations.

We have no obligation to monitor the Communication Tools.  However, we have the right to review content posted to a Communication Tool and, at our sole discretion, remove any content that we feel is necessary to be removed and does not comply with this Agreement and that is, including but not limited to, harmful, offensive, inaccurate, objectionable, or violates and third-party trademarks or copyrights.  Should there be any failure or delay in removing such content, we will not be held responsible in any way.  You consent to us removing any content you post at our sole discretion, and you consent to waive any claim against us.  You further consent to us reserving the right to terminate, at any time without notice, your access to any or all of the Communication Tools for any reason, and you consent to waive any claim against us.

At all times we reserve the right to disclose any information as necessary to satisfy any applicable law, legal process, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at our sole discretion.

We assume no liability whatsoever for any content you or any other third-party users of our Resources post.  Always use caution when providing any personally identifying information about yourself or others in any Communication Tool.  We do not endorse or control the content, information, or messages found in any Communication Tool and, therefore, specifically disclaim any liability with regard to the Communication Tools and any actions arising from your participation in any such Communication Tools.  However, any content you post via any of our Communication Tools that do not infringe on or violate any third-party trademarks or copyrights become the property of Logan Fitness Strategy LLC; this provides us with a irrevocable, perpetual, royalty-free, exclusive, global license to modify, adapt, reproduce, publish, publicly display, distribute, and/or translate as we deem appropriate.  This does not refer and apply to information provided to us during a registration, subscription, and/or payment process, which are instead covered by our privacy policy.

Materials uploaded to a Communication Tool may be subject to posted limitations on reproduction, usage, and/or dissemination.  It is your responsibility to adhere to such limitations should you upload the materials.  

privacy

We take your privacy very seriously.  You can review our Privacy Policy here, which is included under the scope of this Agreement.    

Copyright/trademark

All content and materials available via www.loganfitnessstrategy.com and/or our Resources, including but not limited to text, graphics, logos, slogans, images, website name, videos, and code are the property of Logan Fitness Strategy LLC and protected by copyright law, trademark law, and other laws that protect intellectual property and proprietary rights.  You agree to observe and adhere to all copyright and other proprietary notices, legends, or other restrictions contained in any such content and materials and will not make any changes thereto.

Any inappropriate use, including but not limited to the reproduction, distribution, display, transmission, modification, publication, reverse engineering, participation in the transfer or sale, creation of derivative works, or any form of exploitation of all content and materials available via this website and/or our Resources is strictly prohibited, unless specifically authorized by Logan Fitness Strategy LLC.  The aforementioned content and materials are not for resale.  Your use of our site and/or our Resources does not grant you the right to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.  You will use protected content only for your personal use; any other use requires the express written permission of Logan Fitness Strategy LLC.  You acknowledge and agree that you do not acquire any ownership rights in any protected content and materials on our website and/or Resources.  We do not grant you any licenses, express or implied, to the intellectual property of Logan Fitness Strategy LLC except as expressly authorized by these Terms. 

international users

Logan Fitness Strategy LLC and all of our Resources are operated, controlled, and administered within the USA.  If you access any of our Resources from a location outside the USA, it is solely your responsibility to comply with all of your local laws.  You agree that will not use and/or access our Resources in any country or in any manner prohibited by any applicable regulations, laws, or restrictions.

Indemnification

You agree to indemnify, defend, and hold harmless Logan Fitness Strategy LLC and all of its members, agents, and/or constituents, including but not limited to its Founder, Lirjon Fisniku, from and against all losses, damages, costs, liabilities, and/or expenses, including reasonable attorney's fees, as a result of any violation of this Agreement, your use of or inability to use our Resources, any user postings made by you, your violation of any rights of a third-party, your violation of any applicable regulations, laws, or rules, and/or the failure to fulfill any obligations relating to your account(s) associated with us incurred by you or any other person.  In regards to any claim and/or matter that subjects us to indemnification under this Agreement, we reserve the right to assume the exclusive defense and control, in which event you agree to cooperate with us in asserting any available defenses as is reasonably requested by us. 

dispute resolution

In the event the parties are unable to resolve through negotiation any dispute between them arising out of or concerning this Agreement, or any provisions and/or breach hereof, whether in tort, contract, or otherwise at law or in equity for damages or any other relief, the parties agree to first attempt in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures.

If any dispute cannot be first settled by mediation as aforementioned, then the parties agree that such dispute shall be settled by arbitration pursuant to the Federal Arbitration Act, conducted on a confidential basis by a single neutral arbitrator, and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and it is to be located in the state of Illinois.  The arbitrator's award shall be final, and judgement on the award may be entered in any court having jurisdiction.  In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees.  The parties agree to arbitrate all disputes and claims in regards to this Agreement or any disputes arising as a result of this Agreement, whether directly in indirectly, including tort claims that are a result of this Agreement.  This arbitration provision shall survive the termination of this Agreement.

Venue and choice of law

In the event that any dispute arises out of or concerning this Agreement that requires or involves the adjudication of a court of law, you agree that such judicial proceedings will exclusively occur in the courts of, and be determined by the laws of, the state of Illinois.  You hereby irrevocably consent to the venue and jurisdiction of the Illinois state courts located in Cook County, Illinois in regards to any such dispute.   

class action waiver

Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.  The parties agree that only in an individual capacity may a party bring claims against the other, and not as a plaintiff or class member in any putative class, representative, and/or collective proceeding, such as in the form of a private attorney general action against the other.  Additionally, unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding.

termination of use

We reserve the right, in our sole discretion, to suspend or terminate your access to all or any part of our Resources at any time, with or without notice, and with or without cause, for any reason, including but not limited to, breach of this Agreement.  Any activity that is suspected to be fraudulent, abusive, or illegal may be cause for suspending or terminating your relationship and may be referred to law enforcement.  Your right to the use of our Resources will cease immediately upon suspension or termination along with any other associated rights and obligations, and it is our right to delete or remove any information you might have on file with us.  Prior to the effective date of suspension or termination, all accrued obligations remain in effect and all remedies for breach of the Agreement shall survive.  All provisions of this Agreement shall survive suspension or termination.  After termination, we have no obligation to maintain or forward any content associated with your use of our Resources. 

changes to terms

We reserve the right, in our sole discretion, to change the Terms and Conditions in this Agreement at any time without notice.  The most current version of the Agreement will supersede all previous versions.  You agree and acknowledge that it is your responsibility to review this Agreement and stay abreast of any changes to it and that your continued use of our Resources after such changes reflects your acknowledgement and agreement of the Agreement changes.

Contact

If you have any questions regarding this Terms and Conditions Agreement, you can reach out:

Logan Fitness Strategy LLC
2806 N 75th Ct, Apt 2W Elmwood Park, IL 60707 USA
logan@loganfitnessstrategy.com
Effective 06/11/2018