Terms of Use

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS
OF USE BEFORE ACCESSING, USING, OR SUBSCRIBING OVER
INVICTUSFITNESS.FIT, HTTPS://INVICTUSOMAHA.WIXSITE.COM/MYSITE[DF1]  .

 

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES
AND LIMITATIONS OF LIABILITIES (see Sections 6, 9 and 10). THESE TERMS
FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND
RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

The use of invictusfitness.fit, https://invictusomaha.wixsite.com/mysite (along with all subdomains, collectively, hereafter the “Website”),
which is owned and maintained by Invictus Fitness   LLC (“Invictus Fitness,” “Invictus Fitness
 ,” “we,” “our,” “us”), is governed by the policies, terms, and conditions set forth below.


Please read them carefully. We offer the Website, including all information, tools, and services
available from the Website to you, the user, conditioned upon your acceptance of all terms,
conditions, policies, and notices stated here. By accessing, using, or subscribing over the
Website, you and your business agree to the terms set forth herein. If you do not agree to these
terms in their entirety, you are not authorized to use the Website.

THIS IS A BINDING AGREEMENT. THESE TERMS OF USE (“TERMS”) TOGETHER
WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT
(“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU” OR “CUSTOMER”)
AND INVICTUS FITNESS   AND SHOULD BE READ CAREFULLY. THIS
AGREEMENT GOVERNS YOUR ACCESS TO AND USE AND ATTEMPTED USE OF THE
WEBSITE AND THE SERVICES PROVIDED BY INVICTUS FITNESS.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER
PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A
JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION.
ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY
AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 11.

Invictus Fitness reserves the right to update and change, from time to time, these Terms and
all documents incorporated by reference by posting updates and/or changes to our
Website. It is your responsibility to check this page periodically for changes. You can find
the most recent version of these Terms at https://invictusfitness.fit, https://invictusomaha.wixsite.com/mysite/terms-of-use/. Use of the
Website after such changes constitutes acceptance of such changes.

To sign up as a paying Invictus Fitness client, you will be required to agree to additional
contractual terms.

Table of Contents:

1. Website Use
2. Website User Conduct and Restrictions
3. Our Privacy Policy and Your Personal Information
4. Prohibited Use of the Site
5. Information You Provide; Registration; User Names and Passwords
6. DISCLAIMER – YOUR BUSINESS’ INDIVIDUAL SUCCESS WILL VARY
7. Your Responsibilities in Running Your Business
8. Testimonials, Reviews, and Pictures/Videos
9. DISCLAIMERS OF OTHER WARRANTIES
10. LIMITATIONS OF LIABILITIES
11. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND
CLASS ACTION WAIVER
12. Invictus Fitness’s Additional Remedies
13. Indemnification
14. Notice and Takedown Procedures; Copyright Agent
15. Third-Party Links
16. Termination
17. No Waiver
18. Governing Law and Venue
19. Force Majeure
20. Assignment
21. Electronic Signature
22. Changes to the Agreement
23. Severability
24. Entire Agreement
25. Contacting Us

SECTION 1 – WEBSITE USE

The Website is intended for businesses operated by adults. If you use the Website, you are
affirming that you are at least 18 years old or the legal age of majority in your state or province
of residence (whichever is greater), operate a business, have the legal capacity to enter into a
binding contract with us, and have read this Agreement and understand and agree to its terms.

SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS

All aspects of our Website are protected by U.S. and international copyright, trademark, and
other intellectual property laws, including all design elements, text material, logos, taglines,
metatags, hashtags, photographic images, personal stories, icons, video and audio clips, personal
training sessions, marketing tips and strategies, and downloads. No material on or provided
through the Website may be copied, reproduced, distributed, republished, uploaded, displayed,
posted, or transmitted in any way whatsoever. The Invictus Fitness trademark and logo are
proprietary marks of Invictus Fitness   LLC, and the use of those marks is strictly prohibited
unless otherwise provided for by these Terms. Nothing herein gives you the right to use, copy,
register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade
name, copyrighted material, patent, trade dress, trade secret, or confidential information owned
by Invictus Fitness.

Subject to your continued strict compliance with all Terms, Invictus Fitness provides to you a
revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use
the Website. You acknowledge and agree that you do not acquire any ownership rights in any
material protected by intellectual property laws.

You agree not to use or attempt to use the Website in any unlawful manner. You further agree
not to commit any unlawful act or attempt to commit any unlawful act on or through the Website
including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2)
publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your and your business’s non-public,
personal information. Your submission of personal information through the Website is governed
by our Privacy Policy. Our Privacy Policy may be viewed at
https://invictusfitness.fit, https://invictusomaha.wixsite.com/mysite/privacy-policy/. Invictus Fitness reserves the right to modify its Privacy
Policy in its reasonable discretion from time-to-time. Our Privacy Policy is incorporated into
this Agreement by reference.

 

SECTION 4 – PROHIBITED USE OF THE SITE

You agree not to use or attempt to use the Website in any unlawful manner or a manner harmful
to Invictus Fitness. You further agree not to commit any harmful or unlawful act or attempt to
commit any harmful or unlawful act on or through the Website including, but not limited to,
refraining from:

a. HARMFUL ACTS.

Any dishonest or unethical business practice; any violation of the
law; infliction of harm to Invictus Fitness’s reputation; hacking and other digital or physical
attacks on the Website; use any device, software or routine that interferes with the proper
functioning of the Website or servers or networks connected to the Website, or take any
other action that interferes with another’s use of the Website; use any “robot,” “spider” or
other automatic or manual device or process for the purpose of compiling information on
the Website for purposes other than for a generally available search engine, including but
not limited to any actions which spam, phish, pretext, spider, or scrape the Website;
otherwise collect or track the personal information of others; any violation of the rights of
Invictus Fitness or any third party, including but not limited to use of any company name,
service marks, or trademarks without prior written consent, including as metatags or
hidden text.

b. “SPAMMING” AND UNSOLICITED COMMUNICATIONS.

We have zero tolerance
for spam and unsolicited communications. Any communications sent or authorized by
you reasonably deemed “spamming,” or any other unsolicited solicitations (including
without limitation postings on social media or third party blogs) will be deemed a
material threat to Invictus Fitness’s reputation and to the rights of third parties.

c. OFFENSIVE COMMUNICATIONS.

Any communication sent, posted, or authorized by
you, including without limitation postings on any website operated by you, or social
media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive,
profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory;
graphically violent; solicitous of unlawful behavior; or that violates the intellectual
property rights of another.

 

SECTION 5 – INFORMATION YOU PROVIDE; REGISTRATION; USER NAMES AND
PASSWORDS

As a Invictus Fitness user, you may be required to create an account for your business with Invictus Fitness.

You warrant that the information you provide us is truthful and accurate, and
that you are not impersonating another person. You are responsible for maintaining the
confidentiality of any password you may use to access your business’s Invictus Fitness user
account, and you agree not to transfer the password or user name, or lend or otherwise transfer
your use of or access to your business’s user account, to any unauthorized third party. You are
fully responsible for all transactions with, and information conveyed to, Invictus Fitness under your
business’s user account. You agree to immediately notify Invictus Fitness of any unauthorized use
of your password or user name or any other breach of security related to your business’s user
account. You and your business agree that Invictus Fitness is not liable, and you will hold Invictus Fitness

 harmless, for any loss or damage arising from your failure to comply with any of the
foregoing obligations. Please see Section 13 below for additional information.

 

SECTION 6 – DISCLAIMER – YOUR BUSINESS’S INDIVIDUAL RESULTS WILL
VARY

Every business is different, employing different strategic approaches and organizational
structures, and offering different services and products. Therefore, individual results will vary
from user to user. YOUR BUSINESS’S INDIVIDUAL RESULTS WILL VARY DEPENDING
UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT
LIMITED TO YOUR LOCATION, BUSINESS MODEL, STAFF AND FACILITY SIZE, AND
SERVICE AND PRODUCT OFFERINGS.

Invictus Fitness does not promise, guarantee, or warrant your business’ success, income, or
sales. You understand and acknowledge that Invictus Fitness will not at any time provide
sales leads or referrals to you or your business. Those businesses who purchase our services
or products will receive access to marketing and operational strategies and tools. However,
we do not guarantee your business’s success and based upon many market factors that we
cannot control, the tools and strategies we provide may or may not be applicable to your
specific business. Further, we do not make claims that our tools, strategies, or other
offerings will make your business any specific amount of money, and it is possible that you
will not earn your investment back. We do not sell a business opportunity, “get rich quick”
program, guaranteed system, franchise system, or a business in a box. You should not
purchase our services or products if that is your expectation. Instead, you should purchase
with the understanding that using the information and tools purchased will take time and
effort and may be applicable in some situations but not others. Also, we do not offer any
tax, accounting, financial, or legal advice. You should consult your business’s accountant,
attorney, or financial advisor for advice on these topics.

 

SECTION 7 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS

You are solely and exclusively responsible for complying with any and all applicable laws and
regulations in running your business, including, but not limited to, all laws governing advertising
and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws
applicable to your business. Invictus Fitness shall have no liability for your or your business’s
violation of any laws. You are solely and exclusively responsible for collecting and reporting
any and all sales and use tax, and any other taxes, which may apply to sales of products or
services by your business. Invictus Fitness shall not be responsible to collect or report any taxes
which may apply to your business or sales of products or services by your business. You agree
to indemnify Invictus Fitness as set out in Section 13 below in the event that you and/or your
business violates any law and a claim is threatened or asserted against Invictus Fitness as a result.
You understand and agree that in running your business, transactions may be subject to sales tax,
and that it is your sole and exclusive responsibility to collect and report such tax for sales to your
customers.

 

SECTION 8 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS

Invictus Fitness is pleased to hear from users and clients and welcomes your comments regarding
our services and products. Invictus Fitness may use testimonials and/or product reviews in whole
or in part together with the name, city, and state of the person submitting it. Testimonials may
be used for any form of activity relating to Invictus Fitness’s services or products, in printed and
online media, as Invictus Fitness determines in its sole and exclusive discretion. Testimonials
represent the unique experience of the participants and businesses submitting the testimonial, and
do not necessarily reflect the experience that you and your business may have using our services
or products. As set forth above in Section 6, your business’s results will vary depending upon a
variety of factors unique to your business and market forces beyond Invictus Fitness’s control.

Anything that you or your business submit or post to the Website and/or provide us, or post on
any social media or other site about us, including without limitation, photographs, testimonials,
ideas, know-how, techniques, questions, reviews, biographies, your business’s name, comments,
and suggestions is and will be treated as non-confidential and nonproprietary, and we shall have
the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute,
display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such
submissions by any means and in any form, and to translate, modify, reverse-engineer,
disassemble, or decompile such submissions. You and your business agree that this authorization
and license may be assigned by Invictus Fitness   to any other party.

Additionally, Invictus Fitness reserves the right to correct grammatical and typing errors, to shorten
submissions prior to publication or use, and to review all submissions prior to publication or use.
Invictus Fitness shall be under no obligation to use any, or any part of, any submission.

 

SECTION 9 – DISCLAIMERS OF OTHER WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
YOU EXPRESSLY AGREE THAT YOUR AND YOUR BUSINESS’S USE OF, OR
INABILITY TO USE, THE WEBSITE IS AT YOUR AND YOUR BUSINESS’S SOLE RISK.
THE WEBSITE AND THE MATERIALS, INFORMATION, AND SERVICES CONTAINED
AND OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”
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.
WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS
AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY,
AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON
THIS WEBSITE. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR
OR YOUR BUSINESS’S USE OF OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR
RELIABLE. YOU AND YOUR BUSINESS AGREE THAT FROM TIME TO TIME WE
MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE
WEBSITE OR ANY SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU OR YOUR
BUSINESS.

 

SECTION 10 – LIMITATIONS OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO
CASE SHALL INVICTUS FITNESS, OUR DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR
LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF
ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE,
LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR
DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STATUTE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR OR YOUR
BUSINESS’S USE OR ATTEMPTED USE OF ANY PART OF THE WEBSITE OR ANY
SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR OR YOUR
BUSINESS’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SERVICE,
INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY
CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF THE WEBSITE OR ANY CONTENT OR SERVICE POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE, EVEN IF ADVISED OF THEIR
POSSIBILITY.

IF, NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH ABOVE, INVICTUS FITNESS

 IS FOUND LIABLE UNDER ANY THEORY, INVICTUS FITNESS’S LIABILITY AND
YOUR AND YOUR BUSINESS’S EXCLUSIVE REMEDY WILL BE LIMITED TO THE
LESSER OF (I) USD $1,000.00, OR (II) THE TOTAL AMOUNT OF MONEY YOU OR
YOUR BUSINESS PAID TO INVICTUS FITNESS IN THE ONE (1) MONTH PERIOD
IMMEDIATELY PRECEDING THE INCIDENT ON WHICH YOUR OR YOUR
BUSINESS’S ALLEGED CLAIM IS BASED. THIS LIMITATION OF LIABILITY SHALL
APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER INVICTUS FITNESS WAS AWARE
OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH
CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU
OR YOUR BUSINESS.

 

SECTION 11 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION
AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND
YOUR AND YOUR BUSINESS’S RIGHTS. EXCEPT WHERE PROHIBITED BY LAW,
YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR
BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL
AND BINDING CONFIDENTIAL ARBITRATION. YOU AND YOUR BUSINESS
AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU
OR YOUR BUSINESS WOULD HAVE IF YOU OR YOUR BUSINESS WENT TO
COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE
LIMITED OR MAY NOT EXIST. YOU AND YOUR BUSINESS AGREE TO ONLY
BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF
(LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. YOU AND YOUR BUSINESS FURTHER AGREE
THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS
OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS
PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN
ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD
ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT
(INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY
DAMAGES), AND MUST FOLLOW THESE TERMS OF USE AS A COURT WOULD.

If you or your business has a complaint, dispute, or controversy, you and your business agree to
first contact us at invictusomaha@gmail.com to attempt to resolve the dispute or controversy
informally. Any controversy or claim arising out of or related to the use of the Website, any
service, product, or information, or your and your business’s relationship with us that cannot be
resolved through such informal process or through negotiation within 120 days shall be resolved
by binding, confidential arbitration administered by the American Arbitration Association
(“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction
thereof. We agree that any claim we may have against you or your business will also be subject
to this arbitration provision, except as provided in Sections 12 and 13 below. The arbitration will
be conducted by a single neutral arbitrator in the English language in Omaha, Nebraska, unless we
both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be
selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with
Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the
AAA’s Commercial Arbitration Rules and Mediation Procedures, in effect at the time of
submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by
calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any
dispute relating to the interpretation, construction, validity, applicability, or enforceability of
these Terms of Use, the Privacy Policy, this arbitration provision, and any other terms
incorporated by reference into these Terms of Use. The arbitrator shall have the exclusive and
sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the
exclusive and sole authority to determine whether this arbitration agreement can be enforced
against a non-signatory to this agreement and whether a non-signatory to this agreement can
enforce this provision against you, your business or Invictus Fitness.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules.
In all other respects, and regardless of which party partially or fully prevails, the parties shall
each pay their own additional fees, costs, and expenses, including, but not limited to, those for
any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of Nebraska without regard to its conflicts
of laws principles. Any award rendered shall include a confidential written opinion and shall be
final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
Judgment on the award rendered by the arbitrator may be entered in any court of competent
jurisdiction.

You, your business, and Invictus Fitness agree that disputes will only be arbitrated on an individual
basis and shall not be consolidated on a class wide or other representative basis, nor consolidated
with any other arbitration(s) or other proceedings that involve any claim or controversy of any
other party. You, your business, and Invictus Fitness expressly waive any right to pursue any class
or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular
claim will not constitute a waiver of any rights to require arbitration at a later time or in
connection with any other claims except that all claims must be brought within 1 year after the
claim arises (the 1 year period includes the 120-day informal resolution procedures described
above).

This arbitration provision sets forth the terms and conditions of our agreement to final and
binding confidential arbitration and is governed by and enforceable under the Federal Arbitration
Act, 9 U.S.C. §§ 1-16, as amended.

This provision survives termination of your account or relationship with Invictus Fitness,
bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable ( i.e. ,
unenforceability would allow arbitration to proceed as a class or representative action), then this
entire arbitration provision shall be rendered null and void and shall not apply. If a portion of
this arbitration provision (other than the class action waiver) is deemed unenforceable, the
remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT
TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR
CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER,
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY
AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN
ACCORDANCE WITH THIS ARBITRATION PROVISION.

Should either party file an action contrary to this provision, the other party may recover
attorney’s fees and costs up to $5,000.00.

 

SECTION 12 – INVICTUS FITNESS’S ADDITIONAL REMEDIES

In order to prevent or limit irreparable injury to Invictus Fitness, in the event of any breach or
threatened breach by you or your business of the provisions of this Agreement or any
infringement or threatened infringement by you or your business of the intellectual property of
Invictus Fitness or a third-party, Invictus Fitness shall be entitled to seek a temporary restraining order
and preliminary and permanent injunctions or other equitable relief from a court of competent
jurisdiction located in Omaha, Nebraska enjoining such breach, threatened breach, infringement, or
threatened infringement. Nothing in this Agreement shall be construed as prohibiting Invictus Fitness

 from pursuing in court any other remedies available to it for such breach, threatened
breach, infringement, or threatened infringement, including the recovery of monetary damages
from you and your business. You and your business hereby irrevocably consent to the exclusive
personal jurisdiction of, and exclusive venue in, the courts of Omaha, Nebraska for all such claims,
and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

 

SECTION 13 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Invictus Fitness,

its directors, officers, employees, shareholders, licensors, independent contractors,
subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against
any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind,
including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution,
arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or
attempt to use the Website, information, services, or products, (2) information you submit or
transmit through the Website, (3) your breach of these Terms, the documents they incorporate by
reference, the Agreement, or the representations and warranties provided by you in this
Agreement, or (4) your violation of any law or the rights of a third-party.

 

SECTION 14 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT

If you believe that materials or content available on any Invictus Fitness   website infringes
any copyright you own, you or your agent may send Invictus Fitness   a notice requesting
that Invictus Fitness   remove the materials or content from the Invictus Fitness   website.
If you believe that someone has wrongly filed a notice of copyright infringement against you,
you may send Invictus Fitness   a counter-notice. Notices and counter-notices should be sent
to

Invictus Fitness  

13239 Portal Drive Ste 107

Omaha,NE 68138

or by email to invictusomaha@gmail.com

 

SECTION 15 – THIRD-PARTY LINKS

The Website may contain links to other websites. Invictus Fitness assumes no responsibility for the
content or functionality of any non-Invictus Fitness website to which we provide a link. Please see
our Privacy Policy for more details.

 

SECTION 16 – TERMINATION

This Agreement will take effect (or shall re-take effect) at the time you click “SUBMIT,” “I
ACCEPT,” “I AGREE,” or similar links or buttons, otherwise submit information through the
Website, respond to a request for information, or begin installing, accessing, or using the
Website, whichever is earliest. If, in our sole discretion, you or your business fail, or we suspect
that you or your business have failed, to comply with any term or provision of the Agreement,
we may terminate the Agreement or suspend your and your business’s access to the Website at
any time without notice. Sections 6, 16 through 20, and 25 through 32 of this Agreement, as
well as any representations, warranties, and other obligations made or undertaken by you, shall
survive the termination of this Agreement and/or your account or relationship with Invictus Fitness.
Sections 6 through 13, 15, and 17 through 24 of this Agreement, as well as any representations,
warranties, and other obligations made or undertaken by you and/or your business, shall survive
the termination of this Agreement and/or your or your business’s account or relationship with
Invictus Fitness.

Upon termination, you and your business remain responsible for any outstanding payments to
Invictus Fitness on a non-prorated basis.

 

SECTION 17 – NO WAIVER

No failure or delay on the part of Invictus Fitness in exercising any right, power or remedy under
this Agreement may operate as a waiver, nor may any single or partial exercise of any such right,
power, or remedy preclude any other or further exercise of such right, power, or remedy, or the
exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or
obligation under this Agreement shall only be effective if in writing and signed by Invictus Fitness.

 

SECTION 18 – GOVERNING LAW AND VENUE

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or
your or your business’s access to or use of the Website, our Privacy Policy, or any matter
concerning Invictus Fitness shall be governed exclusively by the laws of the State of Nebraska without
regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the
arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration
agreement in Section 11 above, the parties agree any such claim or dispute shall be exclusively
brought in and decided by the state or federal courts located in Omaha, Nebraska, and you hereby
irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts,
and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims
must be brought on an individual and non-class, non-representative basis, and you forever waive
any right to bring such claims on a class wide or representative basis. The parties will bear their
own respective costs and attorneys’ fees, regardless of which party prevails.

 

SECTION 19 – FORCE MAJEURE

Invictus Fitness   will not be responsible to you for any delay, damage, or failure caused by
or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event”
shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or
civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or
state laws, rules and regulations of any governmental authorities having jurisdiction over the
premises, inability to procure material, equipment, or necessary labor in the open market, acute
and unusual labor, material, or equipment shortages, or any other causes beyond the control of
Invictus Fitness  . Delays due to any of the above causes shall not be deemed to be a breach
of or failure to perform under this Agreement. Invictus Fitness   shall not be required against
its will to adjust any labor or other similar dispute except in accordance with applicable law.

 

SECTION 20 – ASSIGNMENT

Invictus Fitness may assign its rights under this Agreement at any time, without notice. Your and
your business’s rights and obligations under this Agreement cannot be assigned without Invictus Fitness's (or its assigns’) express written consent.

 

SECTION 21 – ELECTRONIC SIGNATURE

All information communicated on the Website is considered an electronic communication. You
and your business agree that we may communicate electronically with you and that such
communications, as well as notices, disclosures, agreements, and other communications that we
provide to you electronically, are equivalent to communications in writing and shall have the
same force and effect as if they were in writing and signed by the party sending the
communication.

 

SECTION 22 – CHANGES TO THE AGREEMENT

You can review the most current version of the Terms at any time at
https://invictusfitness.fit, https://invictusomaha.wixsite.com/mysite/terms-of-use. We reserve the right, at our sole discretion, to update,
change or replace any part of the Agreement, including the Privacy Policy by posting updates
and changes to our Website. It is your responsibility to check our Website periodically for
changes. Your and your business’s continued use of or access to our Website following the
posting of any changes to the Agreement constitutes acceptance of those changes.

 

SECTION 23 – SEVERABILITY

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent
jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby
and shall continue in full force and effect and such provision may be modified or severed from
this Agreement to the extent necessary to make such provision enforceable and consistent with
the remainder of the Agreement.

 

SECTION 24 – ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or
in respect to the Website constitutes the entire agreement and understanding between you and
your business and Invictus Fitness, and supersedes and replaces any prior or contemporaneous
agreements, representations, communications, and proposals, whether oral or written. We may
also, in the future, offer new services and/or features through the Website. Such new features
and/or services shall also be subject to these Terms, the Agreement, and any policies or operating
rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the
Agreement shall not be construed against the drafting party.

 

SECTION 25 – CONTACTING US

We encourage our clients to contact us with questions or comments about our products and
services. Please feel free to do so by sending an e-mail to invictusomaha@gmail.com .
If you have any questions or inquiries concerning any of the Terms, you may contact Invictus Fitness

 by e-mail at invictusomaha@gmail.com or by regular mail at:

Invictus Fitness  
13239 Portal Drive Ste 107

Omaha,NE 68138

Notices to you may be made by posting a notice (or a link to a notice) on
https://invictusfitness.fit, https://invictusomaha.wixsite.com/mysite/terms-of-use, by e-mail, or by regular mail, at Invictus Fitness’s discretion.

 

Copyright 2019 – Invictus Fitness   LLC – All Rights Reserved

 

Office Hours
Contact Us

Monday - Friday

5:00 am - 6:30 pm

Saturday 

7:00 am - 9:00 am

Sunday

Closed

(402)739-2149

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