TERMS OF SERVICE FOR EVERY BODY'S PERSONAL TRAINER

Effective from: OCTOBER 20, 2019

1.0 INTRODUCTION

1.1 Every Body's Personal Trainer (herein as "we", "us", "our", the "Company") operates http://www.everybodyspersonaltrainer.com and the in-home fitness training services offered through it (collectively as the "Service").

1.2 http://www.everybodyspersonaltrainer.com and any other websites owned or operated by Every Body's Personal Trainer that direct you to this document or any other applications, (individually and collectively referred to as the "website") are subject to the following terms of service ("Terms") that you affirmatively accept by using the website.

1.3 Please read these Terms carefully. It makes up a legally binding contract between Our clients and other individuals (collectively "You", "User", "trainee" or "Client") that use the Service. These Terms makes up a legally binding contract between Our Customers and other individuals ("You" or "Your") that use Our Service.

1.4 By using the Service, you are fully accepting the Terms contained in this notice. If you do not accept these Terms, I will advise you stop using the Website.

1.5 We like to keep things simple, which is why we have outlined clear terms to ensure that you always know where you stand. Adhering to these terms also ensures your working relationship is always clear and comfortable allowing you to focus completely on achieving your objectives.

1.6 Our access and handling of your information is subject to the General Data Protection Regulations (GDPR) as per May 25, 2018. This replaces the Data Protection Act of 1998.

 

2.0 CONTACT US

Direct all questions or comments about these Terms to:

515 Palomino Dr. York, Pa 17402

Tel: 443-615-2702

Email: eric@everybodyspersonaltrainer.com

3.0 PRIVACY POLICY

Every Body's Personal Trainer treats all your information in accordance with the GDPR complaints. Please review our [Privacy Policy] for more details.

4.0 SCOPE

4.1 These Terms are intended to supplement and not to replace any existing agreements between clients and Every Body's Personal Trainer regarding services offered or purchased.

4.2 Use of the website is at user discretion and at their risk. Every Body's Personal Trainer is not responsible for any harm that may result or arise out of use of the website.

4.3 You represent that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist supporting country and that they are not listed on any U.S. Government list of prohibited or restricted parties.

5.0 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

5.1 Although Every Body's Personal Trainer makes reasonable efforts to ensure that all information included on the website is correct, accuracy cannot be guaranteed and Every Body's Personal Trainer does not assume any responsibility or obligation for the accuracy, completeness, timeliness, or authenticity of information on the website.

5.2 Information obtained via the website must not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information.

6.0 USE OF THE WEBSITE

6.1 The content included on the website, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, software, any intellectual property, and the selection and arrangement of any of these, are the exclusive property of Every Body's Personal Trainer, its affiliates, its licensors and/or its content providers and is protected by copyright, registered trademark, and other applicable laws.

6.2 Materials on the website or obtained through the website may not be used as part of any Service offerings to third parties. Improper use of information and any hardware or software with the intent to damage or interfere with the proper working of the website or to surreptitiously intercept any system, data or personal information from the website, is strictly prohibited. Users may not interrupt or attempt to interrupt the operation of the website in any way and Every Body's Personal Trainer reserves the right, in its sole discretion, to terminate access to or use of the website at any time without notice. Termination of access or use of the website will not waive or affect any right or relief to which Every Body's Personal Trainer may be entitled at law or in equity.

6.3 You may not provide false e-mail addresses, impersonate any person or entity, or otherwise provide misleading information in connection with your use of the website. All remarks, suggestions, ideas, graphics, or other information communicated to Every Body's Personal Trainer through or in relation to the website (other than personally identifiable information or trademarked or confidential information of the providing party) will forever be the property of Every Body's Personal Trainer. Every Body's Personal Trainer will be entitled to use such submissions for commercial or other purpose without compensation, credits or notice to the submitter or to any other person. Every Body's Personal Trainer will not incur any liability as a result of any similarities that may appear in its future business operations, services or products. By submitting unsolicited submissions to Every Body's Personal Trainer the submitter waives the right to make any claim against Every Body's Personal Trainer relating to the submission.

6.4 Any use of information obtained from the website will be consistent with the Every Body's Personal Trainer Privacy Policy located on the website and the terms of any other agreements between the user and Every Body's Personal Trainer. Possible evidence of use of the website for illegal purposes will be provided to law enforcement authorities.

7.0 SERVICE MEMBERSHIP

To use our Service, you may need to subscribe or sign up an account with us to become a member. You are obliged to provide correct personal details when you apply for Membership. Failure to do so may invalidate your Membership and any subsequent transactions. Your responsibility to provide accurate information is a continuing obligation and you must notify us promptly in the event that any information provided by you in connection with your Membership changes.

All Membership applications are subject to acceptance by us, and at our sole discretion. We shall notify you in the event that Your Membership application has been accepted. We are under no obligation to disclose reasons for rejecting any Membership application. We will issue you Membership details as soon as possible following receipt of your Membership Fee.

Your Membership is personal to you. You are responsible for ensuring that no one (other than your personal assistant on your behalf, where applicable) uses your Membership.

Access to and use of your personalized Membership section of the Service is through a combination of username and password. You are solely responsible for maintaining the confidentiality of your username and password and you agree to notify us immediately if you believe that there has been any breach of security, including an unauthorized use of your username and password.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with our privacy policy.

8.0 EXTERNAL LINKS

8.1 The website may contain links to other websites, which are provided only as a convenience and as an additional avenue of access to the information contained therein.

8.2 Every Body's Personal Trainer is not responsible for the content of any other sites, or information, material, products or services that may be offered through any of these other sites. Inclusion of these links should not be viewed as an affiliation with the owner of the linked site nor as an endorsement of the content on the linked site and different terms and conditions apply to the use of any linked site.

8.3 Every Body's Personal Trainer is not responsible for any losses, damages, or other liabilities incurred as the result of the use of any other websites referenced on the website.

9.0 MEMBERSHIP FEES, UPGRADES, CANCELLATIONS AND RENEWALS

Membership Fees payable shall be confirmed to you upon sign up and is non-refundable. Any increase or decrease to the Membership Fees for subsequent years of Membership will be notified to all Members in advance or their Renewal Dates.

You acknowledge that your payment of the Membership Fees constitutes your express request for us to begin to supply you with the Service.

You have the right to cancel your Membership until the end of five (5) days after the day on which we accept your Membership application ("Cancellation Period") and we would ask that you inform us of your decision in writing.

If you cancel your Membership within the Cancellation Period, you will be reimbursed for your Membership Fee, less deductions for the admin Services we have performed up until you informed us of your decision to cancel.

We reserve the absolute right to cancel or suspend your Membership where it has reason to do so. If we cancel your Membership, where it is reasonable to do so, we shall refund the balance of the current Membership Fee on a pro rata basis in respect of the unexpired period to which the Membership Fee relates.

Membership Fees are due upon sign up and annually thereafter (the "Renewal Date"), and full payment will be taken by us annually in advance by direct debit or payment by a credit or debit card which you have authorized us to deduct such payment from ("Payment Card") in accordance with the relevant invoice.

Where you have provided us with details of a Payment Card or have authorized a direct debit mandate, you hereby expressly authorize us to deduct and collect renewal Membership Fees up to twenty-eight (28) days prior to or on your Renewal Date for annual subscriptions and three (3) days for monthly subscriptions. Alternatively, you will be contacted directly in order to renew your Membership. If you do not wish to renew your Membership you must notify us at no later than 5pm on the working day preceding your Renewal Date.

Where you have provided us with details of a Payment Card or have authorized a direct debit mandate, and you do not notify us in accordance, we reserve the right to recharge the current Membership Fee in order to renew the Membership.

Every Body's Personal Trainer and its affiliates reserve the right to refuse to provide the Service should any payment due under these Conditions not be received.

If, during the course of your current Membership, you wish to upgrade your Membership to a higher level of Membership or we reasonably request you to upgrade your Membership based on your usage of our Services, the difference in price between the two categories of Membership will be payable on a pro rata basis.

Every Body's Personal Trainer may at your request purchase goods or services on your behalf. In the event that we act as a credit agent in this regard, you hereby authorize us to deduct the credit sum from your Payment Card immediately.

You undertake that all details you provide to us for buying our products or services are correct, that the payment card you are using is your own and that there are sufficient funds to cover the cost of the product or the Service.

10.0 PROVISION OF SERVICE

Every Body's Personal Trainer shall supply the Service to Members during the Membership period in accordance with the Member's particular Requests, provided that we shall not be required to provide Service that we deem at our sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.

We shall use our reasonable endeavors to meet any fitness training dates specified, and time shall not be of the essence for providing any Service.

Telephone calls to Every Body's Personal Trainer may be monitored or recorded for training and quality control purposes.

We shall provide the Service using reasonable care and skill and, as far as reasonably possible, in accordance with your Requests and reasonable instructions from time to time.

11.0 ELECTRONIC COMMUNICATIONS

By registering for the Service, you understand that we may send you or your Users communications or data regarding the Service, including but not limited to updates, and promotional information and materials regarding the Service, all in electronic form via the email address you specified when you registered. You may unsubscribe your members from such communications by contacting us at the email above.

12.0 CHILDREN POLICY

Only individuals who are at least 13 years old can use the website and the Service. By using the website, you represent that you are at least 13 years old. If you are consenting to these Terms on behalf of a legal entity, you represent and warrant that you have the authority to consent to these Terms on behalf of the entity.

13.0 DISCLAIMERS

USE OF THE WEBSITE IS AT THE USERíS SOLE RISK. THE WEBSITE IS PROVIDED ON AN"AS IS" AND "AS AVAILABLE" BASIS. EVERY BODY'S PERSONAL TRAINER RESERVES THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. EVERY BODY'S PERSONAL TRAINER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE, TIMELY, OR AUTHENTIC. USERS ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EVERY BODY'S PERSONAL TRAINER OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. ANY WARRANTY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW IS LIMITED IN DURATION TO 30 DAYS FROM THE EVENT GIVING RISE TO THE WARRANTY.

14.0 LIMITATION OF LIABILITY

14.1 WEBSITE USERS HEREBY ACKNOWLEDGE THAT ANY INFORMATION SENT OR RECEIVED MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OBTAINED BY UNAUTHORIZED PARTIES. IT IS UNDERSTOOD AND ACKNOWLEDGED THAT FULL RESPONSIBILITY FOR USE OF THE WEBSITE IS AT THE USERíS SOLE RISK AND DISCRETION.

14.2 EVERY BODY'S PERSONAL TRAINER, ITS AFFILIATES, FRANCHISEES, LICENSEES OR BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF EVERY BODY'S PERSONAL TRAINER OR ANY OF ITS AFFILIATES, FRANCHISEES OR BUSINESS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND REGARDLESS OF THE EXISTENCE OF NEGLIGENCE, UNLESS OTHERWISE STATED HEREIN. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, ANY LOSS OF PROFITS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

14.3 USERS OF THE WEBSITE SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EVERY BODY'S PERSONAL TRAINER, ITS AFFILIATES, FRANCHISEES, LICENSEES AND ITS BUSINESS PARTNERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE CONDUCT OF ANY USER. THE MAXIMUM AMOUNT OF DIRECT DAMAGES RECOVERABLE FOR ALL EVENTS, ACTS OR OMISSIONS HEREUNDER OR OTHERWISE, EXCLUDING EVENTS

14.4 INVOLVING A PARTYíS FRAUD OR WILLFUL MISCONDUCT, SHALL NOT EXCEED THE TOTAL CASH AMOUNT PAYABLE BY THE USER TO EVERY BODY'S PERSONAL TRAINER FOR SERVICES PROVIDED BY EVERY BODY'S PERSONAL TRAINER (IF THE USER IS A CLIENT). IN NO EVENT WILL THE MEASURE OF DAMAGES INCLUDE, NOR WILL A PARTY BE LIABLE FOR, ANY AMOUNTS FOR LOSS OF INCOME, PROFIT OR SAVINGS, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY PARTY, INCLUDING CLAIMS OR DAMAGES OF THIRD PARTIES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES.

14.5 USERS OF THE WEBSITE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR SHORTENING OF THE STATUTE OF LIMITATIONS PERIOD, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY. If these limitations as written are not permitted by applicable law, they shall apply to the extent permitted by applicable law. Nothing herein precludes a party from seeking specific enforcement, injunctive relief or other equitable remedy.

15.0 INDEMNIFICATION

You agree to indemnify, defend and hold harmless Every Body's Personal Trainer and its officers, directors, employees, agents, franchisees, licenses, licensors, and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from their use of the website or any products or services offered or accepted through the website and any violation of these Terms of Use. If technical disruption of the website or the systems supporting it occurs due to a userís action or inaction, the user agrees to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Every Body's Personal Trainer reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification. In such case, users agree to cooperate with Every Body's Personal Trainer in defense of such matter.

 

 

16.0 JURISDICTION

16.1 The website is controlled by Every Body's Personal Trainer from its offices located within the United States of America and has been designed to comply with the laws of the United States. Questions regarding the enforceability and scope of the arbitration provision contained herein will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act. Otherwise, the laws of the State of New York govern these Terms of Use and use of the website. If the website is accessed from a location outside of the United States, it is done at the userís sole risk and discretion with the understanding that laws applicable in a foreign location may not be applicable to the website.

16.2 Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be submitted to binding arbitration and decided on an individual basis, and not on a class-wide or multiple plaintiff basis or in an action where any party hereto acts in a representative capacity, unless prohibited by law. Any such arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. It is expressly acknowledged, understood and agreed that: arbitration is final and binding; the parties are waiving their right to seek legal remedies in court including the right to a trial by jury; prearbitration discovery generally is more limited than and different from that available in court proceedings; the arbitratorís award is not required to include factual findings or legal reasoning; and any partyís right to appeal or vacate, or seek modification of, the arbitration award, is strictly limited by law. The arbitration will be before a single arbitrator. The place of arbitration will be Plainview, New York, United States of America. It is understood, acknowledged and agreed that in any such arbitration, each party will be solely responsible for payment of his/her/its own counsel fees. The parties will each pay their required share of the costs of arbitration.

17.0 SEVERABILITY

If any provision of these Terms is unlawful, void or unenforceable, the remaining provisions shall remain in full force. In the event an arbitrator or court of competent jurisdiction to exceed the limits permitted by any applicable law or to be invalid as written finds any provision, it may be reformed to the extent necessary to make it reasonable and enforceable.

18.0 ENTIRE AGREEMENT

These Terms of Use along with the agreements referenced herein between users and Every Body's Personal Trainer regarding product purchase and licensing (which are incorporated hereunder by reference), constitute the entire Agreement and supersedes all prior agreements, negotiations, representations and proposals, written and oral, relating thereto.

19.0 TERMS UPDATE

19.1 Every Body's personal trainer may update these terms at any time, in its sole discretion. Each time you use the website, these terms, as they then read, will govern your use.

19.2 In the event of an update, your continued use of the website following the posting of any changes, signals your understanding of, and agreement to, such changes.