Website Terms of Service

Last Updated: January 15, 2025

1. Acceptance of Terms

Welcome to the Gracie Barra Clermont website ("Website"). By accessing and using this Website, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use this Website.

These Terms apply solely to your use of our Website and do not govern membership agreements or facility access. Separate agreements apply for gym membership and participation in our programs.

2. Use of Website

2.1 Permitted Use

You may use this Website for lawful purposes only, including:

  • Browsing information about our programs and services
  • Contacting us through provided forms
  • Requesting information or trial class registration
  • Viewing class schedules and facility information

2.2 Prohibited Use

You agree not to:

  • Use the Website for any unlawful purpose or in violation of these Terms
  • Attempt to gain unauthorized access to any portion of the Website
  • Interfere with or disrupt the Website or servers
  • Use any automated system to access the Website (bots, scrapers, etc.)
  • Transmit any viruses, malware, or harmful code
  • Impersonate any person or entity
  • Collect or harvest information about other users
  • Post or transmit any offensive, defamatory, or inappropriate content

3. Intellectual Property Rights

3.1 Our Content

All content on this Website, including but not limited to text, graphics, logos, images, videos, software, and design, is the property of Gracie Barra Clermont or its licensors and is protected by copyright, trademark, and other intellectual property laws.

3.2 Trademarks

Gracie Barra® and related logos are registered trademarks. All trademarks, service marks, and trade names are proprietary to their respective owners. You may not use any trademarks without prior written permission.

3.3 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use this Website for personal, non-commercial purposes. This license does not include:

  • Copying, reproducing, or distributing Website content
  • Creating derivative works from Website content
  • Using content for commercial purposes
  • Removing copyright or proprietary notices

4. User Submissions

4.1 Contact Forms and Communications

When you submit information through our contact forms, trial request forms, or email communications, you grant us permission to use that information to respond to your inquiry and provide requested services.

4.2 Accuracy of Information

You represent that all information you provide through the Website is accurate, current, and complete. You agree to update your information as necessary to maintain its accuracy.

4.3 No Confidentiality

Except for personal information covered by our Privacy Policy, any communications or materials you submit to us through the Website will be treated as non-confidential and non-proprietary.

5. Privacy

Your use of this Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection and use of your personal information.

6. Third-Party Links and Services

Our Website may contain links to third-party websites or services (such as social media platforms, Google Maps, payment processors) that are not owned or controlled by Gracie Barra Clermont.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any third-party websites or services.

We recommend that you review the terms and conditions and privacy policies of any third-party websites or services that you visit.

7. Disclaimer of Warranties

THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

  • The Website will be available without interruption or error-free
  • Defects will be corrected
  • The Website or servers are free of viruses or harmful components
  • Information on the Website is accurate, complete, or current

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRACIE BARRA CLERMONT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION.

Our total liability for any claims arising from your use of this Website shall not exceed $100 or the amount you paid us in the past twelve months, whichever is greater.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

9. Accuracy of Information

We strive to provide accurate information about our programs, schedules, and pricing on this Website. However:

  • Information may change without notice
  • Schedules and availability are subject to change
  • Pricing and program details should be confirmed directly with us
  • We reserve the right to correct errors or omissions

Please contact us directly to confirm current information before making decisions based on Website content.

10. Membership and Services

IMPORTANT: This Website Terms of Service does not constitute a membership agreement. Separate written agreements, including liability waivers and membership contracts, are required for:

  • Gym membership and facility access
  • Participation in classes and training programs
  • Use of gym equipment and facilities

Please review and sign appropriate waivers and membership documents before participating in any programs. These documents contain important information about assumption of risk, liability releases, and membership terms.

11. Modifications to Website and Terms

11.1 Website Changes

We reserve the right to modify, suspend, or discontinue any aspect of the Website at any time without notice. We may also impose limits on certain features or restrict access to parts or all of the Website.

11.2 Terms Changes

We may revise these Terms at any time by updating this page. Changes are effective immediately upon posting. Your continued use of the Website after changes constitutes acceptance of the modified Terms. We recommend checking this page periodically for updates.

12. Copyright Infringement Claims

If you believe that content on our Website infringes your copyright, please contact us with the following information:

  • Identification of the copyrighted work claimed to be infringed
  • Identification of the infringing material and its location on the Website
  • Your contact information (name, address, email, phone)
  • A statement that you have a good faith belief that use is not authorized
  • A statement under penalty of perjury that your claim is accurate
  • Your physical or electronic signature

Send notices to: info@graciebarra.com

13. Indemnification

You agree to indemnify, defend, and hold harmless Gracie Barra Clermont, its owners, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

  • Your use of the Website
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit through the Website

14. Governing Law and Jurisdiction

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

14.2 Jurisdiction

Any legal action or proceeding arising from these Terms or your use of the Website shall be brought exclusively in the courts located in Lake County, Florida. You consent to the jurisdiction of such courts and waive any objection to venue.

14.3 Class Action Waiver

You agree to bring claims only in your individual capacity and not as part of any class or representative action. You waive your right to participate in class action lawsuits.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gracie Barra Clermont regarding your use of this Website and supersede all prior agreements and understandings.

17. Contact Information

If you have questions about these Terms, please contact us:

NOTE: These Terms of Service apply to your use of our Website only. Separate agreements, including liability waivers and membership contracts, govern gym membership and participation in our programs. Please ensure you review and sign all required documents before participating in classes or using our facilities.