Advanced Athletes

Owners: Wyatt Dickinson and Quintana Souza 

wyatt@advanced-athletes.com    

quintana@advanced-athletes.com

www.advanced-athletes.com                                                         Terms and Conditions

Latest Revision: March 31^st 2017

This Terms and Conditions is a legally binding agreement made between Advanced Athletes (“Trainer”) and you (“you” “member” “client” “customer,” or “User”) in which through our website advanced-athletes.com (“website”) we provide “personal training information” to clients (the “Services”) via online Content (“Products”).  When you access this website and services, you agree to the following Terms and Conditions.  By accessing or using any part of the website, you agree that you have read, understand and agree to be bound by this Terms and Conditions.  If you do not agree with these terms please discontinue use of this website.

1. Services

Advanced Athletes provides the venue for Clients to obtain personal training online.  Any opinions, advice, or information expressed by a specialist featured on the Website are not the opinion or advice of the Services or the Trainer; it is the professional advice.  The Trainer does not recommend or endorse any specific tests, treatment, physicians, products, procedures, opinions, or other information that may be mentioned on Advanced Athletes.

2. Disclaimer

The website and the material, text, audio, video, photographs, illustrations, and graphics depicted on the Services are intended for informational purposes only.  This website and the information procured on it are not a substitute for medical care and are not intended as a substitute for consulting face to face with your physician or other health care Trainer’s.  The Services are not intended to diagnose or treat any condition.  Any attempt to diagnose and treat an illness should be done under the direction of a doctor.

The Services do not include individual prescribing of medication.  These Service to not create an agency with the client and in no way, is intended to create a physician – patient relationship.

The Trainer makes no warranties, or makes any representations concerning the accuracy, results, or reliability of the use of the information on its website or on any sites linked to this site.

3. Limited License

The Trainer gives to the User a limited license to access and view the content on the Website via your computer or mobile device and unless otherwise indicated in these Terms and Conditions or on the Website.  Use of the Web Site and the services offered on or through the Web Site are only for your personal, non-commercial use.  The Content is distributable for individual personal, household, and educational use only.  No commercial use or commercial redistribution of any Content is permitted.  This service is for individuals to use to support their personal health decisions.  By using the Services, you agree not to collect any information about our members for any reason, including but not limited to, sending unsolicited communications, including spam.

4. User Generated Content

The User may be granted the license to connect and submit text, images, audio, video, or useful content (“User Generated Content”), which may be viewed by the Internet community.  Permission to generate content is restricted by age.  You may not submit or upload Content that is defamatory, threatening, prejudiced, violent, obscene, pornographic, or otherwise offensive.  In other words, use the site as it is intended and be responsible for your conduct at all times.

You guarantee that your submitted Content conforms to these Terms and that you own or have the rights and permissions, to utilize, and to authorize us to use, your User Generated Content in all manners reflected by these terms.

5. Your Account

Advanced Athletes is responsible for your personal and private information under the Federal Health Care Privacy and Security Law known as HIPAA.  Advanced Athletes has implemented various encryption and security technologies and procedures to keep your personal information from unauthorized access.  We limit access to your personal information in regards to our employees who, through the course of standard business activities, need to access your personal information.  Full access to the Apps is enabled only by usernames and passwords.  You are fully and solely responsible for any and all use of the Apps using your username and password.

We reserve the right to revoke or deactivate your username and password at any time.

Your use of Advanced Athletes and any Content and Services must comply with all applicable federal and state laws, regulations, and ordinances.  The Services are age limited to at least 16 years old to use Advanced Athletes services.

6. Privacy Policy

Your privacy is very important to us.  Accordingly, we have developed a Policy for you to understand how we collect, use, communicate and disclose and make use of personal information.  Please visit our Privacy Policy on this website for a comprehensive review of how we use your information.

7. Third Party Websites.

The Trainer’s website may contain links to other websites on the Internet that are owned and operated by third party services (“Third Party Service”).  The content, products or services accessible on these Third-Party Service websites does not infer our approval of the website or its sponsors.  We have no influence over what they provide in the way of content or services, and cannot be held liable for the operation, products, or services of such Third-Party Service.  Any interactions between you and the other Third Party Service is your sole responsibility.  You also agree that we shall not be responsible or liable, for any loss or damage caused by your use of or confidence in the content available on or through the site.

8. Intellectual Property Rights.

(a) Copyright.  All materials on the Website, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors or other companies.  You may not use such materials without permission.

(b) Trademarks.  Advanced-athletes.com is a registered trade name we own.  We own the related design marks, and other trademarks on the Website.  Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own.  You may not use any of these trademarks, trade dress, or trade names without our express written permission.

9. Limitation of Liability; Waiver

9.1 The Trainer   shall not in any situation or event be liable for any loss or damages of any kind, including, economic, punitive, incidental or consequential losses or damages that are directly or indirectly related to the Trainer’s service, content, user content, Users use of, or inability to use, the service, investigations by the Trainer   or law enforcement authorities regarding your use of the service, any action taken in connection with copyright or other intellectual property owners, any errors or omissions in the service’s operation; or  any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Trainer has been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.

9.2 The Trainer   is not responsible for the actions, content, information, or data of a third party service, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

10. Indemnification

10.1 User agrees to defend, indemnify and hold harmless the Trainer   against any claims, damages, losses, and legal expenses, arising out of any claims.  These claims could be: (i) your Content or your access to or use of the Service; (ii) your breach of these Terms and Conditions; (iii) your disruption of any Third Party Service  provision including your misuse of any intellectual property right, data breach, confidentiality, property or privacy right; (iv) your non-compliance of any laws, or orders of any governmental  authorities, including, all administrative and legal authorities; or (v) any willful misunderstanding made by you.

• The Trainer will be indemnified and held harmless by this Agreement from and against any and all claims of any nature, whatsoever, arising out of the Coach’s infringement of Intellectual Property Rights. The Trainer will not be liable to the Client, for any mistake or error in judgment or for any act or omission done in good faith and believed to be within the scope of Coaching, conferred or implied by this Agreement.  Trainer does not warrant to the Client the services will provide the optimum goals of the Client.

11. Governing Law

These Terms and Conditions are governed by the laws of the United States.  User agrees to resolve any dispute exclusively in the jurisdiction of the Courts located in the United States for the purpose of litigating all such disputes.  If any provision of these Terms and Conditions is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be severable from these Terms and Conditions and will not affect the validity of any remaining provisions. The Trainer  ‘s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.

12. Entire Agreement

These Terms and Conditions constitute the entire agreement between you the User and the Trainer   and governs your use of the Service.  If any provision of these Terms and Conditions is found by a court to be invalid or unenforceable, the Parties nevertheless agree that the remaining provisions of the Terms and Conditions remain in full force.

13. Arbitration.

All disputes arising out of or relating to this the Terms (including its formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in California before and in accordance with the Rules of the Arbitration Association.  The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this the Terms will be joined to an arbitration involving any other party subject to this the Terms, whether through class arbitration proceedings or otherwise.  Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in California to enforce this the Terms or prevent an infringement of a third party’s rights.  In the event equitable relief is sought, each party at this moment irrevocably submits to the personal jurisdiction of such court.  Limitation of Actions.  Claims you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

14. Non-Disclosure

Material content, videos, e-books provided to the Client are proprietary, copyrighted and developed specifically for the Client.  Client agrees that such proprietary material is solely for Client’s own personal use and any disclosure to a third party are strictly prohibited.  Trainer ’s program is copyrighted and the original materials that have been provided to Client are for Client’s individual use only and are granted as a single-user license.  Client is not authorized to use any of Trainer ’s intellectual property for Client’s business purposes.  All intellectual property, including Trainer ’s copyrighted program and/or course materials, shall remain the sole property of the Trainer.  No license to sell or distribute Trainer ’s materials is granted or implied.  Further, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Trainer will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

15. Termination

The Trainer may terminate, suspend, or discontinue any segment of the Web Site or services at any time.  The Trainer may also suspend or terminate your access to the Web Site and its services if the Trainer believes you are in breach of the Terms and Conditions or applicable law.  We do not have to provide you with notice.  The Trainer maintains a policy that provides for the termination (in applicable circumstances) of the User privileges if we find they are repeat infringers of intellectual property rights.