This agreement applies as between you, the User of this Website including WARHOUSE LLC and WAR HOUSE GYMS LLC , the owner(s) of this Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately and not sign up for services.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer, and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted. However, this website does contain the terms and conditions that will apply to your contract at all times.
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the Warhouse LLC AND WAR HOUSE GYMS LLC proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at 3191 Commercial St, San Diego, CA 92113; and at 119 W Lachapelle San Anotnio, TX 78204.
"System": means any online communications infrastructure that Warhouse LLC and WAR HOUSE GYMS LLC make available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by Warhouse LLC and WAR HOUSE GYMS LLC and acting in the course of their employment;
"Website": means the website that you are currently using (https://warhousegyms.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Warhouse LLC, a company incorporated in United States of America, located at 3191 Commercial St, San Diego, CA 92113 along with War House Gyms LLC located at 119 W LaChapelle San Antonio, TX 78204.
Persons under the age of 18 should use this Website and the facilities only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions also apply to customers procuring Services in the course of business.
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Warhouse LLC and War House Gyms LLC, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United States of America and International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Warhouse LLC and War House Gyms LLC or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site https://warhousegyms.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at info@warhousegyms.com or call us in the following number: (619) 379-8511.
9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of Warhouse LLC and War House Gyms LLC or Our affiliates; and
9.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".
10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where permission may be required; and
10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying Us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11.1 Either Warhouse LLC and War House gyms LLC or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Warhouse LLC and War House Gyms LLC correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
12.2 Where appropriate, you may be required to select the required Plan of Services.
12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email that consists of an invoice. Only once We have sent you an order confirmation email will there be a binding contract between Warhouse LLC or War House Gyms LLC and you.13.2 Order confirmations precede the assignment of an access code to the facility for 24-hour unlimited personal access.13.3 Once you have your access code, you will be billed every month in a recurring fashion on the same date until you give written notice of your request to cancel at least 48 hours prior to your recurring billing date.13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the membership you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.13.5 Your services (“membership”) shall begin within a reasonable period following your Order, usually immediately but no longer than 24 hours unless there are exceptional circumstances. Your membership will continue on a month-to-month basis, incurring the same charge each month as described above in 13.4. 13.6 All term memberships and guest fees are collected via auto debit (i.e., electronic funds transfer) from debit card or credit card. By providing your debit card or credit card information you allow Warhouse LLC and or War House Gyms LLC to automatically withdraw dues and fees as they come due on your billing cycle.13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your membership.13.8 Warhouse LLC and War House Gyms LLC provides technical support via our online support forum and/or phone. Warhouse LLC and War House Gyms LLC makes every effort possible to respond in a timely manner, but we do not guarantee a particular response time.
We want you to be completely satisfied with the Products or Services you order from Warhouse LLC and War House Gyms LLC. If you need to speak to us about your Order, then please contact customer care on (619) 379-8511, or by email at info@warhousegyms.com or write to us at our address (see section 1 above).
14.1 This Agreement is not cancelable by You except as expressly provided for in this Agreement, including, without limitation by reason of your failure to utilize the facilities of Warhouse LLC and War House Gyms LLC.
14.2 To cancel your membership services, you must provide written notice of your request to cancel at least 48 hours prior to your recurring billing date. For San Diego California a written notice can be sent to warhouseoffice@gmail.com, or mailed to 3191 Commercial St, San Diego, CA 92113. For San Antonio, Texas a written notice can be sent to info@warhousegyms.com, or mailed to 119 W LaChapelle San Antonio, Texas 78204.
14.3 If you do not provide cancellation 48 hours prior to the billing date (which is the same date that you initially signed up) then that month will be charged a full membership and you will continue to have full access to the gym until the next billing date.
Use of the Website is also governed by Our Privacy Policy (https://warhousegyms.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
16.2 We may use your personal information to:
16.2.1 Provide Our Services to you;
16.2.2 Process your payment for the Services; and
16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
17.4 Disclaimer of Liability/General Release and Waiver: I understand that I have been or will be admitted as a member of Warhouse LLC, based in material part on this General Release and Waiver. I am fully informed and aware of the nature of the classes and physical dangers therein. As a member of Warhouse LLC, I intend to and will engage in strenuous physical activities in classes on Warhouse LLC’s premises. I understand that these physical activities involve certain risk and exposure to personal injury, which risk and exposure I voluntarily assume for myself and any member of my family, including children who visit Warhouse LLC. In consideration of the mutual covenants contained herein and other good and valuable consideration, including the use of the Complex’s facilities and the admission of members of my family including children, the receipt and sufficiency of which is hereby acknowledged, I hereby release in full and forever discharge the Complex, its Directors, Officers, Managers, Members, Employees, Contractors and Agents, and all other members and guests of Warhouse LLC, whether acting officially or otherwise, on behalf of myself or any member of my family, our Representative Heirs, Executors, Administrators and Personal Representatives, from any and all injury, liability, damages, claims, demands, and/or causes of action, whether foreseen or unforeseen, relating to or deriving from any injury to me or any injury to any member of my family, including children, during or arising out of the use of Warhouse LLC’s facilities or participation in any Warhouse LLC event (e.g., classes, seminars, etc).
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19.1 The Website is provided “as is” and on an “as available” basis. Warhouse LLC and War House Gyms LLC uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 20.2 Nothing in these Terms and Conditions excludes or restricts Warhouse LLC and War House Gyms LLC liability for death or personal injury resulting from any negligence or fraud on the part of Warhouse LLC or War House Gyms LLC.
- 20.3 Nothing in these Terms and Conditions excludes or restricts Warhouse LLC's and War House Gyms LLC's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Warhouse LLC and or War House Gyms LLC.
24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to info@warhousegyms.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
These Terms and Conditions and the relationship between you and Warhouse LLC and War House Gyms LLCshall be governed by and construed in accordance with the Law of England and Wales and Warhouse LLC and War House Gyms LLC, you agree to submit to the exclusive jurisdiction of United States of America.
