Please consult a physician before starting any diet or exercise plan.
©2014 4 Core Fitness, Rights Reserved
TERMS OF SERVICE 4 CORE FITNESS
PLEASE READ THESE TERMS OF SERVICE (“TERMS”) AS THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
A4 Core Fitness., and its predecessors, successors, licensors, beneficiaries and/or affiliates (collectively, “4 Core Fitness”) welcome you to 4 Core Fitness.uk (the “Site”), which includes all web pages within the Site. By using the Site, you agree to be bound by these Terms, If you do not agree to all of the Terms, do not use the Site.
4 Core Fitness may revise and update these Terms at any time. Your continued use of the Site will mean you accept the revised Terms.
YOU MUST BE 18 YEARS OF AGE OR OLDER TO USE THE SITE. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT ELIGIBLE TO USE THE SITE AND MUST NOT ATTEMPT TO REGISTER WITH THE SITE.
These Terms were last updated on September 20, 2014.
1. IMPORTANT DISCLAIMER.
THE INFORMATION PROVIDED THROUGH THIS SITE OR SENT TO YOU BY 4 CORE FITNESS TRAINER IS INTENDED TO ASSIST YOU IN YOUR FITNESS EFFORTS. ALL INFORMATION IS OF A GENERAL NATURE AND IS FURNISHED FOR EDUCATIONAL PURPOSES ONLY.
YOU AGREE AND ACKNOWLEDGE THAT 4 CORE FITNESS IS NOT A MEDICAL ORGANIZATION, HOSPITAL OR STAFFED BY MEDICALLY TRAINED PERSONNEL. THE INFORMATION PROVIDED THROUGH THIS SITE IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING, OR THE PROFESSIONAL ADVICE OF YOUR PERSONAL PHYSICIAN. BEFORE YOU BEGIN ANY FITNESS OR NUTRITION PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE FITNESS OR NUTRITION PROGRAM IS RIGHT FOR YOUR NEEDS.
DO NOT START A FITNESS OR NUTRITION PROGRAM IF YOUR PHYSICIAN ADVISES AGAINST IT. PLEASE NOTE THAT THE SITE AFFILIATES OR EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ ON THIS SITE OR THAT IS OTHERWISE PROVIDED TO YOU BY THE SITE TRAINERS, AFFILIATES OR EMPLOYEES SHOULD BE CONSTRUED AS SUCH.ALTHOUGH 4 CORE FITNESS AND THE SITE’S TRAINERS, AFFILIATES AND EMPLOYEES MAKES AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, 4 CORE FITNESS DISCLAIMS ANY IMPLIED GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THIS SITE OR SENT TO YOU BY A 4 CORE FITNESS TRAINER OR THE SITE. FOR EXAMPLE, HEALTH, DIET & FITNESS ADVICE IS OFTEN SUBJECT TO UPDATING AND REFINING DUE TO MEDICAL RESEARCH AND DEVELOPMENTS.
NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION PROVIDED THROUGH THIS SITE WILL REFLECT THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. THE SITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS.
THE SITE IS NOT INTENDED FOR USE BY MINORS OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION. SUCH INDIVIDUALS ARE SPECIFICALLY ADVISED TO SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO INITIATING ANY FITNESS OR NUTRITION EFFORT OR PROGRAM. INTENDED FOR USE BY MINORS OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION.SUCH INDIVIDUALS ARE SPECIFICALLY ADVISED TO SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO INITIATING ANY FITNESS OR NUTRITION EFFORT OR PROGRAM. IF YOU ARE SUFFERING FROM ANY BACK INJURY OR PAIN, LIKE SPONDYLOSIS, SLIPPED DISC ETC.
IT IS CRUCIAL TO CONSULT WITH YOUR PERSONAL PHYSICIAN OR DOCTOR BEFORE YOU START YOUR PROGRAM. WE HAVE SPECIFIC PROGRAMS FOR THESE CONDITIONS BUT YOU HAVE TO MAKE SURE YOU MUST HAVE MEDICAL CONFIRMATION YOU ARE SAFE TO START A PROGRAM.
There is a cost to register as a Member of the Site. You must register as a Member in order to obtain to a fitness or nutrition program or apply to be an 4 Core Fitness trainer (a “Trainer”). 4 Core Fitness reserves the right, at its sole discretion, to reject Trainer applicants. Members who wish to become a Trainer acknowledge that they will be subject to, and must agree in writing to comply with, additional terms and conditions. In order to obtain a fitness or nutrition program, you must provide the Site with certain personal information. The Site respects your privacy and a complete statement of the Site’s.
4 CORE FITNESS RESERVES THE RIGHT TO REFUSE OR CANCEL YOUR MEMBER STATUS OR USE OF THE SITE IF 4 CORE FITNESS DETERMINES THAT YOU HAVE OR IF YOU INFORM US THAT YOU HAVE CERTAIN CONDITIONS. 4 CORE FITNESS RESERVES THE RIGHT TO CANCEL YOUR MEMBER STATUS SHOULD YOU VIOLATE THESE TERMS AND ANY OTHER POSTED POLICY ON THE SITE.
Some of our features, such as the ability to receive a fitness or nutrition plan from a Trainer, require you to pay a subscription fee. You agree to pay the subscription fees and any other charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. The Site uses STRIPE to process your credit card transactions. We will bill all charges automatically to your credit card or Debit card. Your initial subscription fees will be billed at the beginning of your subscription. Renewal fees will be billed on a monthly basis dependent on the length of your subscription. All fees and charges are non-refundable, except in instances where we are unable or unwilling to provide the requested services. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance.
4. Term, Renewal, and Expiration.
Your subscription will renew automatically for consecutive periods of the same duration as the subscription term originally selected, unless we terminate it or you notify us by email at email@example.com, and/or through our system (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. Subject to the foregoing, ANY CREDITS OR POINTS WHICH REMAIN OUTSTANDING AND UNUSED FOR A PERIOD OF MORE THAN ONE (1) CALENDAR YEAR FROM THE DATE OF PURCHASE OF SUCH CREDITS OR POINTS SHALL BE SUBJECT TO EXPIRATION AND TERMINATION BY 4 CORE FITNESS, AT ITS SOLE DISCRETION, AND NO REFUND OR OTHER COMPENSATION WILL BE GIVEN TO YOU IF SUCH EXPIRATION AND TERMINATION OCCURS.
5. Account Security.
You are responsible for maintaining the confidentiality of your username and password that you designate during the registration process and you are fully responsible for all activities that occur under your username and password. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. 4 Core Fitness will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
6. Limitations on Use.
4 Core Fitness grants to you a limited personal, non-exclusive and non-transferable right and license to access the Site. Unless otherwise specified in writing, the Site is for your personal and non-commercial use. The Site including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness and nutrition plans and programs and all other protectable intellectual property available through the Site (the “Proprietary Materials”) are the Site’s property or the property of our licensors and are protected by copyright and other intellectual property laws.
All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by4 Core Fitness. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials received through the Site to anyone. You agree not to rearrange, modify or create derivative works using the Proprietary Materials. You agree not to create, scrape or display our content for use on another web site or service. You agree not to post any content from the Site to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent. (Except in videos which are allowed to be shared; these videos have an icon on the right side with a share button, those videos are shareable)
7. Disclaimers of warranties.
YOU USE THE SITE AT YOUR OWN RISK. 4 CORE FITNESS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SITE AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE SITE IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND 4 CORE FITNESS SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
4 CORE FITNESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS SITE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN 4 CORE FITNESS WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
8. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT 4 CORE FITNESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 4 CORE FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM,
(A) THE USE OR THE INABILITY TO USE THE SITE;
(B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITES LINKED TO THE SITE,
(C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
(D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
(F) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL 4 CORE FITNESS HAS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO 4 CORE FITNESS. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
4 CORE FITNESS DOES NOT ENDORSE OR RECOMMEND ANY TRAINER ON THE SITE. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY A TRAINER ARE SOLELY ATTRIBUTABLE TO THE TRAINER- NOT 4 CORE FITNESS OR THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY A TRAINER ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK. BEFORE YOU BEGIN ANY FITNESS OR NUTRITION PROGRAMS, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE FITNESS OR NUTRITION PROGRAMS ARE RIGHT FOR YOUR NEEDS.
4 CORE FITNESS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY THE 4 CORE FITNESS TRAINERS AND/OR THE SERVICES PROVIDED BY SAID TRAINER OR BY THIRD PARTIES FEATURED ON THE SITE INCLUDING BUT NOT LIMITED TO, CELEBRITY TRAINERS.
IN NO EVENT SHALL 4 CORE FITNESS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A TRAINER OR COMMUNICATIONS OR MEETINGS BETWEEN TRAINERS AND MEMBERS OF OR ANY OTHER PERSONS YOU MEET THROUGH THE SITE.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH TRAINERS, CELEBRITY TRAINERS, THIRD PARTIES AND OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. IN THE EVENT THE SITE CHOOSES TO PROMOTE THE SERVICES OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, A CELEBRITY TRAINER, YOU AGREE AND ACKNOWLEDGE THAT THE CELEBRITY TRAINER WILL NOT PERSONALLY BE PROVIDING THE FITNESS OR NUTRITION PROGRAMS, NOR COMMUNICATING WITH INDIVIDUAL MEMBERS DIRECTLY OR PERSONALLY.
You agree to defend, indemnify, and to hold harmless 4 Core Fitness, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to:
(a) your use of the Site or your inability to use the Site; or
(b) an allegation that you violated any representation, warranty, covenant or condition in these Terms.
Your agreement to defend, to indemnify, and to hold 4 Core Fitness (and its officers and directors) harmless applies whether a claim against 4 Core Fitness is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Site caused damage to you or to any third party and/or your use and access to the Site. This indemnification section shall survive your termination of or cessation of use of the Site.
11. Third Party Web Sites.
12. Governing Law and Choice of Forum
These Terms contains the final and entire agreement between us regarding your use of the Site and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Site. We may discontinue or change the Site or its availability to you, at any time. These Terms are personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. You agree that these Terms, as well as any and all claims arising from these Terms will be governed by and construed in accordance with the laws of the United Kingdom. The sole and exclusive jurisdiction and venue for any litigation arising out of these Terms or in any way related to the Site will be an appropriate court in the UK.
13. Miscellaneous Terms.
4 Core Fitness may assign its rights and obligations under these Terms. These Terms will inure to the benefit of 4 Core Fitness’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
14. Promotions and Offers.
© 2014 4 Core Fitness. All rights reserved