THE AGREEMENT:
The use of this website and services on this website and application provided by Level 9 Personal Training (hereinafter referred to as “Website”) are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”).
1)Definitions
“Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website;
“We”, “us” and “our” are references to Level 9 Personal Training;
“User”, “You” and ““your” are denotes to the person who is accessing the website for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website;
” Website” shall mean and include Level 9 Personal Training
and any successor Website of the Company or any of its affiliates;
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
2)Assent & acceptance
By using the Website, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the Website immediately. We only agree to provide the use of this Website and Services to you if you assent to this Agreement.
3)Neither Level 9 Personal Training nor the services provide medical advice.
⦁ The contents of the services, such as text, graphics, images, information and coaching services obtained from users of the services, licensors, and other material contained on the services (the “content”) are for informational purposes only. the content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition.
⦁ If you think you may have a medical emergency, call your doctor or 911 immediately. never disregard, avoid or delay in obtaining medical advice from your physician or other qualified health care provider because of something you have read on the services. Level 9 Personal Training does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the services. reliance on any information provided by coach.me, Level 9 Personal Training employees, partners, other users of the services is solely at your own risk.
⦁ By accessing, browsing and/or using the services, you agree that you are solely responsible for any habits you may choose to pursue using the services and Level 9 Personal Training does not warrant any habits listed on the services, nor does it recommend or endorse any particular habit by listing such habit on the services. we have no obligation to review or modify user postings on the services or other content and in all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the content. under no circumstances will Level 9 Personal Training be liable for any loss or damage caused by your reliance on any content.
⦁ You further acknowledge that you have read, understood, and agree to be bound by all the terms, conditions, consents and disclosures set forth in the terms of service, the privacy policy, the applicable guidelines set forth on the website, and the applicable end user license agreement (if any) for any mobile apps you download. if you do not agree to the terms of service, the privacy policy, the applicable guidelines and/or the applicable end user license agreement (if any), then please cease using the services immediately.
⦁ All the services are available only for individuals aged 14 years or older. if you are 14 or older but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these terms of service with your parent or guardian to make sure that both you and your parent or guardian understand and agree to these terms of service. you agree to have your parent or guardian review and accept these terms of service on your behalf. if you are a parent or guardian agreeing to these terms of service for the benefit of a child over 14, then you agree to and accept full responsibility for that child’s use of the services, including all financial charges and legal liability that he or she may incur.
4)Services
⦁ The Services include, among other things, a platform which enables communication and connections between Users. Users providing information and advice (“Coaching Services” and each User providing Coaching Services a “Coach”) to connect with Users seeking information and advice (“Clients” and collectively with Coaches, each a “User”)
⦁ Each Client is solely responsible for selecting a Coach and the Coaching Services. Any decision by a client to receive Coaching Services, and any decision by a Coach to provide Coaching Services, is a decision made in such User’s sole discretion. Level 9 Personal Training is not responsible for the performance of Users, nor does it have control over the quality, suitability, reliability, durability, timing, legality, failure to provide, Content, acts or omissions, or any other aspect whatsoever of Users, including the Coaching Services provided by Coaches.
Level 9 Personal Training makes no representations or warranties whatsoever with respect to any aspect, including accreditation, registration or licensing, of any Coach, the Coaching Services or the Content requested and provided by Users through the Services whether in public, private, or offline interactions.
⦁ You understand that ⦁ Level 9 Personal Training does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. ⦁ Level 9 Personal Training does not verify of confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Coaching Services offered by Coaches through the Services. ⦁ Level 9 Personal Training does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Services.
5)License to use website
We may provide you with certain information as a result of your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the Website or Services (“Our Materials”). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the Website and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.
6)Your account
In order to use certain features of the Services, you must register and create an account with Level 9 Personal Training (your “Account”). You are responsible for maintaining the confidentiality of any passwords associated with your Account, monitoring all activity under the Account, and you assume full responsibility for all activities that occur under your Account (except as to security breaches caused by Level 9 Personal Training). Level 9 Personal Training reserves the right to suspend or terminate your Account at any time, for any reason, and shall incur no liability for such suspension or termination.
If you have been accepted by Level 9 Personal Training as a Coach, you may create a profile that describes your coaching skills, qualifications, price list and the Coaching Services you offer (your “Coach Profile”), which you can make publicly available via the Services. Once you make your Coach Profile publicly available, other Users will be able to communicate directly with you, by using features of the Services, regarding your Coaching Services and the details of an Arrangement or potential Arrangement (as defined below). Level 9 Personal Training reserves the right, at any time and without prior notice, to remove or disable access to your Coach Profile for any reason, including if Level 9 Personal Training, in its sole discretion, considers your Coach Profile to be objectionable for any reason or in violation of these Terms of Service.
7)Arrangements between coaches and users
A Coach and a User may enter into an arrangement for the Coach to provide Coaching Services to the User through the Services (an “Arrangement”). Coaches and Users will use the features of the Services to enter into Arrangements. Any Arrangement you enter into is between you and the other User, and Level 9 Personal Training is not a party thereto.
If you are a Coach, you acknowledge and agree that you are solely and fully responsible for any and all Content you post and publish in your Coach Profile and any and all Coaching Services you provide to Clients through the Services. Accordingly, you represent and warrant that your Coaching Services and any Content you post and provide (i) will not breach any agreements you have entered into with any third parties, including obligations of confidentiality, and (ii) will (a) be in compliance with all applicable laws rules and regulations that may apply, (b) be truthful, accurate and not misleading, and (c) not conflict with the rights of third parties.
A User may terminate an Arrangement that it is a party to at any time by using the features of the Services and such termination will be effective immediately. Upon termination of an Arrangement, any pre-paid Coach Payments (as defined below) will not be refunded or otherwise provided back to Client.
Level 9 Personal Training assumes no responsibility for Users’ compliance with or fulfillment of any Arrangements with other Users, including early termination of an Arrangement by a User, or duties to third parties, or compliance with applicable laws, rules and regulations. Level 9 Personal Training does not endorse any Coach, Client, Coaching Service or Content.
8)Our relationship to you
This Agreement in no way creates any agency, partnership, or joint venture relationship between you and Level 9 Personal Training. We permit Coaches to advertise and provide their services through our website. You understand and agree that Level 9 Personal Training. is not a party to any agreements formed between Coaches and Clients, and that Level 9 Personal Training is not liable for any breach of contract, tort, or other disagreement that Clients and Coaches may have with each other.
9)User content
Content Responsibility.
The website permits you to share content, post comments, feedback, etc. but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.
You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Users who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.
When posting content to the website, please do not post content that:
⦁ contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
⦁ is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
⦁ violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
⦁ discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
⦁ violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
⦁ uses or attempts to use another’s account, password, service or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive or destructive files;
⦁ sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
⦁ Any submitted content that includes, but is not limited to the following, will be refused. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.
10)Intellectual property
You agree that the Website and all Services provided by us are the property of Level 9 Personal Training including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own all right, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
⦁ To make the Website and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Website (“Your Content”). We claim no further proprietary rights in your Content.
⦁ If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
11)Iframes
⦁ Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our website.
12)User obligations
As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
13)Acceptable use
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of Level 9 Personal Training .
⦁ You further agree not to use the Website or Services:
⦁ To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
⦁ To violate any of our intellectual property rights or any third party;
⦁ To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
⦁ To perpetrate any fraud;
⦁ To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
⦁ To publish or distribute any obscene or defamatory material;
⦁ To publish or distribute any material that incites violence, hate, or discrimination towards any group;
⦁ To unlawfully gather information about others.
⦁ not retain any rights to or control over.
14)Assumption of risk
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the products on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.
15)Reverse engineering & security
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user or network.
16)Indemnification
You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.
17)Exclusion of liability
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the Level 9 Personal Training /Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall Level 9 Personal Training, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
18)Spam policy
You are strictly prohibited from using the Website or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
19)Third-party links & content
We may occasionally post links to third-party websites or other services. You agree that we are not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to or from Our Website.
20)Modification & variation
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
21)Service interruptions
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
22)Digital millennium copyright act notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please notify Level 9 Personal Training’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
⦁ An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
⦁ Identification of the copyrighted work that you claim is being infringed;
⦁ Identification of the material that is claimed to be infringing and where it is located on the Services;
⦁ Information reasonably sufficient to permit Level 9 Personal Training to contact you, such as your address, telephone number, and e-mail address;
⦁ A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
⦁ A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
23)Term, termination & suspension
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with Us, You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
24)No warranties
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or as a result of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.
25)Medical and Health Disclaimer
⦁ You understand that any information as found within our website is for general educational and informational purposes only. You understand that such information is not intended nor otherwise implied to be medical or health advice.
⦁ You understand that such information is by no means complete or exhaustive, and that as a result, such information does not encompass all medical conditions, psychological disorders, health-related issues, or respective treatments. You understand that you should always consult your physician or other healthcare provider to determine the appropriateness of this information for your own situation or should you have any questions regarding a medical condition or treatment plan.
⦁ You acknowledge that all testimonials as found on our website are strictly the opinion of that person and any results such person may have achieved are solely individual in nature; your results may vary. You understand that such information is based upon personal experience and is not a substitute for obtaining professional medical advice. You should always consult your physician or other healthcare provider before changing your diet or starting an exercise program. In light of the foregoing, you understand and agree that we are not liable nor do we assume any liability for any information contained within our website as well as your reliance on it. In no event, shall we be liable for direct, indirect, consequential, special, exemplary, or other damages related to your use of the information contained within our Website.
26)Limitation on liability
We are not liable for any damages that may occur to you as a result of your use of the Website or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
27)Entire agreement
This Agreement constitutes the entire understanding between the Parties concerning any use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
28)General provisions:
⦁ JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed in accordance with the laws of U.S.A without giving effect to any principles of conflicts of law. The Courts of U.S.A shall have exclusive jurisdiction over any dispute arising from the use of the Website.
⦁ ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased, or otherwise transferred by us, the rights and liabilities of ⦁ Level 9 Personal Training will bind and inure to any assignees, administrators, successors, and executors.
⦁ SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
⦁ SUSPENSION AND TERMINATION We may suspend or terminate your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to email within thirty days of being notified about the suspension.
⦁ UNLAWFUL ACTIVITY We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
⦁ NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
⦁ CONFIDENTIALITY You shall agree and acknowledge that you may have access to certain information and materials, including the terms of the Agreement, concerning the business, clients, business writings, employee’s information, business technologies that we use, products and services of the other party, that are business secrets and confidential information. You shall note except with your prior permission, replicate, reproduce, use, share, and disclose to any other third-party any Confidential Information or business secrets. You shall return to us or destroy the business secrets or Confidential Information promptly upon our written request.
⦁ HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
⦁ NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
⦁ FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances, i.e. COVID-19!
⦁ ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please use contact us form on the website or email.
Level 9 Personal Training
USA
This document was last updated on July 7, 2021