WEBSITE TERMS OF USE AND CONDITIONS - PRISM ELITE NY LLC

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Website owner, the offering, and binding of Terms

This website is owned and operated by Prism Elite NY. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors information about Prism Elite NY. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 

Who can use this website

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

Key commercial Terms offered to customers

When purchasing a service, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase a service when you commit to buy a service and you complete the check-out payment process.

The prices we charge for using our services are listed on the website. We reserve the right to change our prices displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

Refund policy

At this time, should Prism Elite NY have to cancel classes, private sessions, or open gym sessions for any reason (COVID-19, weather), we will offer your choice of a make-up class, credit, or refund for missed sessions.  If an athlete or family member is sick with COVID-19 or has been asked to quarantine, we will offer your choice of a make-up class, credit, or refund for classes missed (documentation of proof will be required).  As a courtesy to our valued customers, we always offer one make-up class per term. Please note that make-up classes are only an option if a similar class has availability.

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Retention of right to change offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

Ownership of intellectual property, copyrights and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Prism Elite NY. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.

 

Indemnification

You agree to indemnify and hold Prism Elite NY harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

Limitation of liability

To the maximum extent permitted by applicable law, Prism Elite NY assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

Availability

Unless otherwise stated, the services featured on this website are only available within New York. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Prism Elite NY. Prism Elite NY does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability.

 

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please notify us at any time. 

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Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of New York, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Westchester County, New York.

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Customer support details & contact info

Our email address and other contact information can be found on our website, via Prism Elite NY’s literature or via Prism Elite NY’s stated telephone number.

This company is registered in New York: 946 Esplanade Pelham, NY 10803 (The physical location of Prism Elite NY is 517 Fayette Avenue Mamaroneck, NY 10543)