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WEIGHT ROOM COACH TERMS OF USE

These terms of use are entered into by and between you (“you” or “Customer”) and Weight Room Technologies LTD (including its affiliates, successors, or assigns, “Weight Room Coach,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms”) govern your access to and use of:

  1. Our websites located at weightroomcoach.com and weightroomcoachsoftware.com, as well as any of our other websites to which these Terms are posted (collectively, the “Website”);
  2. Our mobile applications (if any) (individually, an “App,” and collectively, the “Apps”);
  3. Physical training and exercise programs that may be made available through the Website or the Apps (the “Programs”); and
  4. Any services, content, and features made available by us through the Website, the Apps, or the Programs (together, the Website, Apps, and Programs are referred to as the “Services”).

ACCEPTANCE OF THESE TERMS

By executing an order form, creating an Account (as defined below), using the Services, or otherwise indicating your acceptance of these Terms, you acknowledge and agree that you have read these Terms and are bound by them, and you hereby agree to these Terms. If you are an individual acting on behalf of a Customer that is a company or other legal entity, you hereby represent and warrant to Weight Room Coach that you are authorized to enter into these Terms on behalf of such Customer and to bind the Customer to these Terms.

IF YOU DO NOT AGREE WITH ALL THESE TERMS OR ARE NOT AN AUTHORIZED AGENT FOR A CUSTOMER, DO NOT EXECUTE A WEIGHT ROOM COACH ORDER FORM, CREATE AN ACCOUNT, OR OTHERWISE USE THE SERVICES.

THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.

SERVICES OFFERED IN THE UNITED STATES

The Services are offered and available to users in the United States who are at least 13 years of age or older. By using the Services in the United States, you represent and warrant that you are 13 years of age or older. If you are 13 years of age but under 18 years of age, you may use the Services only with permission and supervision of your parent or legal guardian. If you do not meet all of these requirements, you must not access or use the Services.

SERVICES OFFERED IN THE EUROPEAN UNION

The Services are offered and available to users in the European Union who are at least 16 years of age or older. By using the Services in the European Union, you represent and warrant that you are 16 years of age or older. If you are 16 years of age but under 18 years of age, you may use the Services only with permission and supervision of your parent or legal guardian. If you do not meet all of these requirements, you must not access or use the Services.

SERVICES OFFERED IN THE UNITED KINGDOM

The Services are offered and available to users in the United Kingdom who are at least 13 years of age or older. By using the Services in the United Kingdom, you represent and warrant that you are 13 years of age or older. If you do not meet all of these requirements, you must not access or use the Services.

CHANGES TO THESE TERMS

We may revise these Terms from time to time in our sole discretion, subject to applicable law. When we revise these Terms, we will post the revised version on the Website. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Services. Except as otherwise expressly stated by us, your access and use of the Services are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.

ADDITIONAL TERMS AND CONDITIONS

In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions, including, but not limited to, additional intellectual property, privacy, and security terms and conditions (the “Additional Terms”), which are hereby incorporated by reference into these Terms. In the event of a conflict between any Additional Terms and these Terms, these Terms will control.

ACCESSING THE SERVICES; ACCOUNT SECURITY

To access and use some of the Services, you may be required to provide certain information (“User Information”) and either (a) execute an order form, or (b) create an online account at weightroomcoach.com or weightroomcoachsoftware.com (each an “Account”), which includes and requires clicking a box indicating your acceptance of these Terms. If you elect to purchase access to the Services through your Account, you will, among other things, select from the following options (as applicable):

  • the Services you wish to purchase,
  • the duration or term of Services,
  • the number of authorized users you are inviting to use the Services through your Account (including account administrators, coaches (“Trainers”) and athletes/clients (“Trainees”)),
  • any location- or schedule-specific details if relevant to your use of the Services.

Service Modifications & Availability

The Services are subject to change. We may, in our sole discretion, modify the Services by adding or removing features and functionalities, without prior notice or liability to you. Content available through the Services may be out of date at any given time, and we are under no obligation to update such content. We also will not be liable if any or all of the Services are unavailable at any time or for any period for any reason.

You agree that you are responsible for:

  1. making all arrangements necessary for you to have access to the Services; and
  2. ensuring that all persons who access the Services through your Account are aware of these Terms and comply with them.

Account Security

Your Account security is very important. You agree not to authorize any other person or entity to use your username, password, or other security information to access the Services or your Account. You also agree to ensure that you log out of your Account at the end of each visit to the Website. Use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your username, password, or other security information.

Except as otherwise required by applicable law, you are responsible for all transactions and other activities in connection with the Services that are authorized or performed using your username, password, or other security information, whether authorized or unauthorized by you. If you suspect or become aware of any unauthorized activity or access to your username, password, or other security information, you must contact us immediately at info@weightroomcoach.com.

Our Privacy Policy governs our collection, use, storage, and disclosure of User Information. You represent and warrant that all User Information you provide us from time to time in connection with your Account is truthful, accurate, current, and complete. You agree to promptly notify us of changes to your User Information by updating your Account on the Website or through the Apps.

ORDERING

You may purchase the right to access and use the Services either by ordering them directly through your Account on our Website or by executing an order form. For information on executing an order form for the Services, contact us at info@weightroomcoach.com.

Customers may elect to issue a purchase order to us for the Services and should indicate such preference on the order form. If a Customer elects to issue a purchase order, Customer must issue such purchase order to us within five (5) business days from the effective date of the order form, or we will have the right to cancel the order form and its terms and conditions shall be null and void. Any additional or conflicting terms contained in any Customer purchase order, proposal, or other document shall be deemed rejected by us, without need of further notice of objection, even if such document is acknowledged or accepted by us, and regardless of any statement to the contrary which may be contained therein. Such additional or conflicting terms shall be of no effect or in any way binding upon us.

INTELLECTUAL PROPERTY RIGHTS

The Services and all related content, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Weight Room Coach, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and treaties.

Subject to these Terms, you are permitted to access and use the Services for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material related to the Services, except as follows:

  1. Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  2. You may store files that are automatically cached by your web browser for display enhancement purposes.
  3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by our end user license agreement for such applications.
  5. If we provide social media features with certain content, you may take such actions as are enabled by those features.

You must not:

  • Modify copies of any materials from the Services.
  • Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials.
  • Access or use the Services for any commercial purposes, unless authorized by Weight Room Coach through your Account or an order form.

If you wish to make any use of material on the Website or in the Services other than as set out in this section, please address your request to info@weightroomcoach.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to access and use the Services will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services is transferred to you, and all rights not expressly granted are reserved by Weight Room Coach. Any access or use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

TRADEMARKS

The name “Weight Room Coach,” and all related names, logos, product and service names, designs, and slogans are trademarks of Weight Room Technologies LTD or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans available through the Services are the trademarks of their respective owners.

PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms. If your access or use of the Services is prohibited by applicable law, then you are not authorized to access or use the Services. We are not responsible if you access or use the Services in any manner that violates applicable law.

You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” or “spam.”
  • To impersonate or attempt to impersonate Weight Room Coach, a Weight Room Coach employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or which may harm Weight Room Coach or users of the Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any material available through the Services, without our prior written consent.
  • Use any manual process to monitor or copy any material available through the Services or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

USER CONTRIBUTIONS

The Website and the Apps may contain personal web pages or profiles, bulletin boards, digital content uploading, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, contribute, publish, display, or transmit content or materials (collectively, “User Contributions”) on or through the Services.

All User Contributions must comply with the Content Standards set forth in these Terms.

Any User Contribution that you or any user post through the Services will be considered non-confidential and non-proprietary. By providing any User Contribution through the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  1. You own or control all rights in and to the User Contributions posted by you and have the right to grant the license granted above.
  2. All User Contributions you post do not and will not infringe or violate the rights of any third party and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you post and that you, not Weight Room Coach, have full responsibility for such User Contributions, including their legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

MONITORING AND ENFORCEMENT

We have the right (but not the obligation) to:

  1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  2. Take any action with respect to any User Contributions that we deem necessary or appropriate if we believe that such User Contributions violate these Terms, infringe any intellectual property right or other right of any person or entity, threaten the personal safety of users of the Services, or could create liability for Weight Room Coach.
  3. Disclose your identity or other information about you to any third party who claims that User Contributions posted by you violate their rights.
  4. Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services.

We may fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Contributions through the Services. You waive and hold harmless Weight Room Coach and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of Weight Room Coach’s investigations and from any actions taken as a consequence of investigations by either Weight Room Coach or law enforcement authorities.

CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must comply with all applicable laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to civil or criminal liability under applicable laws.
  • Be likely to deceive any person.
  • Promote any illegal activity or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities such as contests, sweepstakes, giveaways, or other promotions, unless expressly authorized by Weight Room Coach.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

DIGITAL MILLENNIUM COPYRIGHT ACT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law.

If you believe any materials accessible on or from the Website or Apps infringe your copyright, you may request removal of those materials (or access to them) by submitting a written notification (a “DMCA Notice”) to our designated Copyright Agent:

Weight Room Coach – Copyright Agent

289 Larrick Lane

Chillicothe, OH 45601

info@weightroomcoach.com

Your DMCA Notice must include:

  1. Your physical or electronic signature.
  2. Identification of the copyrighted work you believe to have been infringed or, if multiple copyrighted works are covered by one DMCA Notice, a representative list of such works.
  3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  4. Adequate information by which we can contact you.
  5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or applicable law.
  6. A statement that the information in the written notice is accurate.
  7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

For more details on DMCA notices and counter-notices, please consult an attorney.

TERMINATION AND SUSPENSION

We may, in our sole discretion, suspend, limit, or terminate your Account and your access to or use of the Services for any reason, without notice or liability to you. Depending on the nature of your subscription, you may terminate your Account and stop using the Services at any time by notifying us at info@weightroomcoach.com and providing sufficient information for us to verify your identity.

Upon the termination of your Account, you must cease all use of the Services. Termination of your Account will not affect any of our rights or your obligations arising under these Terms prior to such termination. Provisions of these Terms that, by their nature, should survive termination of your Account will survive such termination.

RELIANCE ON INFORMATION POSTED

The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services or by anyone who may be informed of information presented through the Services.

The Services are not medical advice. Users should contact their physician before starting any exercise or training regimen.

PRIVACY

Our Privacy Policy applies to use of the Services, and its terms are made a part of these Terms by this reference. By using the Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy. Additionally, by using the Services, you acknowledge and agree that transmissions over the Internet are never completely private or secure.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Website.
  • Send e-mails or other communications with certain content, or links to certain content, on the Website.
  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed (e.g., via framing, deep linking, or in-line linking) on any other website.
  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms.

We reserve the right to withdraw linking permission without notice and may disable any or all social media features and links at any time without notice.

LINKS FROM THE WEBSITE AND/OR APPS

If the Website or any App contains links to other websites and resources provided by third parties, these links are provided for your convenience only. Our inclusion of such links does not imply our endorsement of such third-party websites or resources or any association with their owners or operators. We have no control over the contents of those websites or resources and accept no responsibility for them.

GEOGRAPHIC RESTRICTIONS

Weight Room Coach (Weight Room Technologies LTD), the owner of the Website and the Apps, is located in the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

We cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and for maintaining a means external to the Website or the Apps for any reconstruction of any lost data.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WEIGHT ROOM COACH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WEIGHT ROOM COACH, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

Without limiting the foregoing, in the event you or any other person or entity is entitled to recover damages arising out of or in connection with your use of, or inability to use, the Services, the collective liability of Weight Room Coach, its affiliates, and its or their licensors, service providers, employees, agents, officers, members, and directors (regardless of the form of action) will not exceed the amount of the actual direct damages suffered by you, up to the lesser of (i) an amount equal to the fees paid by you for your Services during the 12-month period preceding the occurrence of the event giving rise to liability, or (ii) $500.

INDEMNIFICATION

You agree to indemnify, hold harmless, and (at our request) defend Weight Room Coach, its affiliates, licensors, and service providers, and its and their respective officers, members, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contributions, any use of the Website’s or Apps’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

GOVERNING LAW; LITIGATION

All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto, will be governed by and construed in accordance with the internal laws of Ohio without giving effect to any choice or conflict of law provision or rule.

If any of these Terms, or portions thereof, is invalid or unenforceable under any applicable statute or rule of law, it shall be deemed to be restated to make it enforceable while remaining as close to the intent of the original term as possible; all other terms shall remain unchanged and enforceable. Any litigation arising out of or related to these Terms shall be commenced and maintained exclusively in the state or federal courts sitting in Ross County, Ohio, and you hereby consent to the exclusive jurisdiction of such courts.

WAIVER AND SEVERABILITY

No waiver by Weight Room Coach of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Weight Room Coach to assert a right or provision under these Terms will not constitute a waiver of that right or provision.

Except as expressly provided in these Terms regarding arbitration and class action waivers, if any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

NOTICES

We will send all notices and other communications regarding the Services to you at the email address you provided during your Account registration (or as updated by you from time to time). You will be considered to have received a notice from us when we send it to the email address in our records for you or when we post such notice on the Website and/or Apps.

All notices to us that are intended to have a legal effect must be in writing and delivered either (a) via email to info@weightroomcoach.com, or (b) via reputable overnight courier or certified mail, postage prepaid, return receipt requested, to:

Weight Room Technologies LTD

289 Larrick Lane

Chillicothe, OH 45601

Attention: Legal Department

All such notices are deemed effective upon documented receipt by us.

FORCE MAJEURE

If Weight Room Coach is prevented or delayed in providing the Services as a result of circumstances beyond its reasonable control, including acts of God, governmental acts or orders, failure of public utilities, Internet disturbances, or any other cause beyond its reasonable control, then Weight Room Coach will resume the Services as soon as reasonably practicable after the termination of the relevant circumstances.

ENTIRE AGREEMENT AND OTHER GENERAL TERMS

These Terms, including our Privacy Policy and any Additional Terms, constitute the complete and exclusive statement of the agreement between you and Weight Room Coach with respect to their subject matter and supersede all prior proposals and agreements, whether oral or written, relating to such subject matter. These Terms and any rights hereunder may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction and without your prior consent. Any attempted transfer or assignment by you without our prior written consent will be null and void.

No agency, joint venture, partnership, trust, or employment relationship is created between you and us by way of these Terms. The section headings used herein are for convenience only and will not be given any legal import.

If you have any questions or concerns about these Terms, please contact:

Weight Room Technologies LTD

(d/b/a Weight Room Coach)

289 Larrick Lane

Chillicothe, OH 45601

Email: info@weightroomcoach.com

Last Updated: 10/15/2024