Terms of Use

1. Terms

By accessing this CD BKLYN LLC herein referred to as Brooklyn Strength or the Studio, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Studio are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily  access materials on the Brooklyn Strength’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  2. modify or copy the materials;

  3. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

  4. attempt to decompile or reverse engineer any software contained on the Studio’s web site;

  5. remove any copyright or other proprietary notations from the materials; or

  6. transfer the materials to another person or 'mirror' the materials on any other server.

  7. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Brooklyn Strength at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Brooklyn Strength’s website are provided 'as is'. The Studiol makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Studio does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Brooklyn Strength be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Studio’s website, even if the Studio or an authorized agent of the Studio has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Brooklyn Strength’s website may include technical, typographical, or photographic errors. The Studio does not warrant that any of the materials on its web site are accurate, complete, or current. The Studio may make changes to the materials contained on its web site at any time without notice. The Studio does not, however, make any commitment to update the materials.

Imagery and likeness

By taking part in the school your image may be either purposefully or inadvertently included in social media posts, and or recorded offerings and or sale of previously live courses. By taking part in the Studio you are agreeing to allow your image to appear as part of Brooklyn Strength's education, offerings and advertisement as Brooklyn Strength sees fit.

6. Links

Brooklyn Strength has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Studio of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

Brooklyn Strength may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

8. Governing Law

Any claim relating to the Studio’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.

Liability Waiver

Terms and Conditions

Agreement between User and CDBKLYN LLC dba Brooklyn Strength

Virtual private and in-person sessions, classes and workshops are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Brooklyn Strength and its services constitutes your agreement to all such Terms.

Brooklyn Strength offers virtual and in-person group fitness wellness classes, workshops and private sessions.

Electronic Communications

Visiting www.brooklynstrength.com or sending emails to Brooklyn Strength constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Brooklyn Strength is not responsible for third party access to your account that results from theft or misappropriation of your account. Brooklyn Strength and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Children Under Thirteen

Brooklyn Strength does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.brooklynstrength.com only with permission of a parent or guardian.

 

Cancellation/Refund Policy

Brooklyn Strength has a No Refund policy. Private sessions may be canceled 24 hours prior to your session. Sessions cancelled outside of these hours will not be refunded. Unused sessions from private packages or classes will not be refunded. Sessions and classes are nontransferable. 

Unused sessions will expire 3 months after last booked session.

Subscription Policy:

Fascia Release™ subscriptions may be cancelled at any time. There are no refunds or extensions for missed workshops during subscription.

Private session subscription packages such as but not only including 1x/wk and 2x/wk/month are a three month minimum subscription ie three monthly charges. If the subscription is cancelled before the 3 month minimum you will be automatically charged the difference btw the prepaid package that most closely matches the sessions you have taken and your per session monthly price. Ex: if you cancel 2 months into your subscription and have had 8 sessions, you will be charged at the 6 session pre-paid package rate per session for the 8 sessions you have had at the monthly price.

Links to Third Party Sites/Third Party Services

www.brooklynstrength.com may contain links to other websites. No linked site is under the control of Brooklyn Strength and Brooklyn Strength is not responsible for the contents of any linked site, including without limitation any link contained on www.brooklynstrength.con or any changes or updates to  www.brooklynstrength.com. Brooklyn Strength is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Brooklyn Strength of the site or any association with its operators.

Certain services made available via www.brooklynstrength.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.brooklynstrength.com domain, you hereby acknowledge and consent that Brooklyn Strength may share such information and data with any third party with whom Brooklyn Strength has a contractual relationship to provide the requested product, service or functionality on behalf of www.brooklynstrength.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Brooklyn Strength strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Brooklyn Strength that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Brooklyn Strength or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Brooklyn Strength content is not for resale. Your use of the Site does not entitle you 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 solely for your personal use, and will make no other use of the content without the express written permission of Brooklyn Strength and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Brooklyn Strength or our licensors except as expressly authorized by these Terms. 

Third Party Accounts

You will be able to connect your Brooklyn Strength account to third party accounts. By connecting your Brooklyn Strength account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Brooklyn Strength from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Brooklyn Strength Content accessed through www.brooklynstrength.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Brooklyn Strength [CD BKLYN LLC], its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Brooklyn Strength reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Brooklyn Strength in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, 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 these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Brooklyn Strength agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BROOKLYN STRENGTH [CD BKLYN LLC] AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

BROOKLYN STRENGTH [CD BKLYN LLC] AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BROOKLYN STRENGTH [CD BKLYN LLC] AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BROOKLYN STRENGTH [CD BKLYN LLC]AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY INCLUDING DEATH, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BROOKLYN STRENGTH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

Brooklyn Strength reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Brooklyn Strength as a result of this agreement or use of the Site. You understand that no advice whether written, verbal or demonstrated by Brooklyn Strength is to be taken as medical advice and in no way should precede or replace medical advice, medication or treatment of any kind. Brooklyn Strength's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Brooklyn Strength's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Brooklyn Strength with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Brooklyn Strength with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Brooklyn Strength with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

Brooklyn Strength reserves the right, in its sole discretion, to change the Terms under which Brooklyn Strength is offered. The most current version of the Terms will supersede all previous versions. Brooklyn Strength encourages you to periodically review the Terms to stay informed of our updates.