Terms of Use

1. Scope of the Terms

 

1.1 This service is provided by

 

For the Win Fitness

Oklahoma, USA, Authorized representative: Jon Stem

and provides online courses on the following websites (“Websites”):

http://ftwfitness.com

http://train.ftwfitness.com

 

1.2 These terms (“Terms”) apply to all services provided by For the Win Fitness (“FTW Fitness,” “FWF”, “us,” or “we”) on its or through its Websites (“Services”) to the person using the Services and who has accepted the Terms (“User”). The User may access the current version of the Terms at any time on the Website and may print, download and/or save it.

1.3 These Terms shall apply exclusively. Differing or contrary terms of the User do not apply, except if expressly agreed upon in writing by For the Win Fitness.

1.4 BY USING ANY PORTION OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. If you are using the Service on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf.

  1. Description of Services and Conclusion of Contract

2.1 General
For the Win Fitness has established several online learning programs, which have been designed to impart skills and knowledge to its Users to accelerate education or a future or ongoing career in the respective industry of the instructor (each a “Program”, together the “Programs”). Once the User has enrolled in a Program, the course material will be accessible through the Website.

2.2 Booking of Programs
After the registration on one of the Websites or logging into his account, the User may access the learning course. The representation of the respective Programs on the Websites represents a binding contract offer by For the Win Fitness to its Users (“Offer”).

2.3 Acceptance
The User accepts the Offer by clicking the “Subscribe” button. FTW Fitness notifies the User immediately that it has created the account. Upon receiving the booking, FTW Fitness enables the User to have access to the booked Program through the User`s account.

2.4 Programs purchased by minors, persons of legal incapacity or special disability require the consent of the respective legal guardian.

2.5 Any use of the words “life” or “lifetime” always refers to the life of the company, not the lifetime of the customer.

 

  1. Eligibility

You must be 18 years of age or older to use the Service or you must have permission from parents or legal guardians. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited.

 

  1. Information on the Course Certificates

The certificates issued by the Websites after the completion of a course are internal certificates and do not have the aim to prepare the User for government or public examinations.

 

  1. Registration

5.1 In order to use the Services, the User must register for an account on the Website (“Account”). The registration is free of charge. User must provide accurate and complete information and keep the Account information updated.

5.2 The User is solely responsible for the activity that occurs on his Account. The User shall keep his login data (Username and password) confidential and prevent any unauthorized use by third parties. He or she shall immediately inform FTW Fitness if there are indications that any third party is misusing his account.

5.3 The User may not use names or other personal data for his Account that could infringe the rights of any third party. FTW Fitness may restrict, block, or delete an Account if the User has given false information during the registration or if the User violates applicable laws, regulation or these Terms. When choosing one of the aforementioned measures, FTW Fitness will consider the impact of the false information, the legitimate interests of the User and the degree of responsibility.

5.4 The User may delete his Account at any time without providing a reason or notice. FTW Fitness advises the User that if he deletes his Account, any unlocked course material will no longer be available to him through the Websites.

 

  1. Payments and Billing Options

6.1 The course fees arise from the respective current price list, which is accessible on the Website at all times. The obligation to pay the course fee shall apply irrespective of whether the User uses the provided Services or not.

6.2 FTW Fitness offers the possibility for cashless payment by way of the payment methods as indicated on the Website. FTW Fitness reserves the right to offer certain payment options to some Users and not to other Users.

 

  1. Licensed Content

7.1 Content on the Service, including User Content and Paid Content provided by other users, has been licensed to FTW Fitness in accordance with various licensing agreements between FTW Fitness and the persons or entities who own the rights to that content (“Licensed Content”). Licensed Content is protected by intellectual property laws.

7.2 The Licensed Content is provided for informational purposes only. The Licensed Content is not intended to be a substitute for professional fitness or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health or fitness provider with any questions you may have regarding a fitness regimen or medical condition. Do not disregard professional advice because of something you have read on the Service.

 

  1. Grant of License

8.1 FTW Fitness grants each User a worldwide non-exclusive, non-sub-licensable and non-transferable license to use any content that was provided by FTW Fitness on the Websites (“Content”) solely for purpose of using the Services and Programs. The use, reproduction, modification, distribution, or storage of Content for any other purpose is expressly prohibited without the prior written permission of FTW Fitness.

8.2 You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Service; (b) compile or collect any content available on the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service; or (i) include any personal or identifying information about another person in your User Content without that person’s explicit consent.

 

  1. Ownership, Trademarks

We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you. Other product, brand, and company names and logos used on the Service are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Service without the prior written consent of the owner of the mark, as appropriate, is strictly prohibited.

 

  1. Indemnification

The User agrees at his own expense, to indemnify, defend and hold inculcable FTW Fitness, its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and Distributors and any other of its related parties from all liabilities, claims, expenses and losses of any kind (including reasonable attorneys fees and costs) arising from or related to the User`s use or misuse of, or access to the Services, content, or otherwise from User Content, violation of these Terms, or infringement by the User, or any third party using his Account or identity in the Services, of any intellectual property or other right of any person or entity. FTW Fitness reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the User, in which case the User will assist and cooperate with FTW Fitness in asserting any available defenses.

 

  1. Third Party Services

The User acknowledges that the Services may enable or assist the access of, interact with, and/or purchase services from supported platforms and other third parties via third-party websites or resources on the Internet (collectively, the “Third-Party Services”). When the User accesses the Third-Party Services, he will do so at his own risk. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services, and any contract entered into, or any transaction completed via any Third-Party Services, is between the User and the relevant third party, and not FTW Fitness. FTW Fitness makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Services or any transactions completed and any contract entered into by the User with any such third party.

 

  1. No Support

Unless otherwise agreed to by FTW Fitness in writing, FTW Fitness is not obligated to provide any support for the Service.

 

  1. Warranties

13.1 FTW Fitness cannot warrant that the Programs and the Website are always accessible. However it will eliminate any technical malfunction in reasonable time.

13.2 YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FTW FITNESS, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FTW FITNESS DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY LOSS OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FTW FITNESS, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

 

  1. Limitation of Liability

14.1 NEITHER FTW FITNESS NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

14.2 EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF FTW FITNESS, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

  1. Feedback

If you provide feedback to FTW Fitness regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize FTW Fitness to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to FTW Fitness a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.

 

  1. Claims

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED.

 

  1. Waiver and Severability of Terms

The failure of FTW Fitness to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by For the Win Fitness. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

 

  1. Consent to Electronic Communications

By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.

 

  1. Changes in the Terms of Services

19.1 FTW Fitness reserves the right to modify or replace any of these Terms at any time under the following conditions (“Reservation of Changes”): If we modify these Terms, we will indicate that we have done so on the FTW Fitness website at http://ftwfitness.com/terms or otherwise provide you notice. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms. FTW Fitness will make particular note of the right of objection, the objecting period, and legal consequences, particularly regarding the failure to object to the changes. In the case the User objects, FTW Fitness is entitled to not accept future purchase of Programs by the User.

19.2 FTW Fitness is particularly entitled to make changes to these Terms, in case a condition is found to be invalid, to extend or replace it with applicability to existing contracts, in case of changes in legal requirements or judicial decision, if these changes affect one or more conditions of the contract, in order to adjust the conditions affected corresponding to the purpose of the changed legal context, insofar as the User does not have a worse economic position due to the new or changed conditions than according to the original condition.

 

  1. Miscellaneous

20.1 Should parts or individual phrases of these Terms be invalid, the remaining parts shall remain unaffected in their content and validity. The invalid provision must be replaced by a legally permissible provision that most closely reproduces the content and the economic effect of the invalid provision.

20.2 The contract language is English.

20.3 These Terms are the entire agreement between you and FTW Fitness regarding your use of the Service.

20.4 For questions, comments, complaints, or claims related to the Service, please contact FTW Fitness at: jon@jonstem.com

20.5 By purchasing, enrolling and/or participating in any health, wellness and fitness course(s), events, activities, and other programs (the “Health and Wellness Course(s)”), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the Health and Wellness Course(s). You acknowledge that you have voluntarily chosen to participate in a program of physical exercise. You acknowledge that the instructor of the Health and Wellness Course strongly recommend that you consult with your physician prior to commencing any Health Course. You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You further acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, safety signs or signals, rules, and verbal instructions given to you. In consideration of being allowed to participate in and access the Health and Wellness Course(s), you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Health and Wellness Course(s), (2) release, indemnify, and hold harmless the Health and Wellness Course instructor, subsidiary affiliate entities and franchisees, and each of their respective members, employees and representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in any Health and Wellness Course(s), and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of the Health and Wellness Course(s), (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in the Health and Wellness Course(s), and should not be participating in any classes.

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