Terms of service.

Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Action Team Fitness, LLC, its affiliates, subsidiaries, and successors and assigns (collectively, “ATF,” “us,” or “we”) regarding your use of services available at www.actionteamfitness.com and via any ATF mobile or other software application, including any downloadable software program that you are accessing or installing on your device or personal computer, and the services available through that software program (together, the “Service”). As used in these Terms, the terms "you" and "your" refer to, and these Terms shall be binding upon, any person or entity who purchases, activates, receives, uses, accepts, or otherwise accesses the Service.

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.

Service Description

The Service is a fitness, wellness, social network, and video platform. Users of the Service may log their fitness activities; see, comment on, and like the activities of other users; and receive analyses and insights from the Service about their progress. Users may also download training materials from other users and coaches, some of which may be provided for a fee.

Eligibility

You must be at least 18 years of age or older, or the age of majority as determined by the laws of your province or territory of residency, and have full legal capacity to assume the obligations set forth in these Terms and to use the Service. The Service is not intended for those under the age of 18. You represent and warrant that any profile information you submit is true and accurate and that you are of the age of majority as determined by the laws of your province or territory of residency, and are fully able and competent to enter into and abide by these Terms. 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. Use of the Service is void where prohibited.

ATF Account

In order to use the Service, you must create an account (an “ATF Account”). When registering for an ATF Account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your ATF Account and your use of the Service, and provide you with partial refunds, as applicable, for any unused portion of Fees you may have paid for a Paid Subscription (as defined below), if any, as set forth below.

You are solely responsible for all activities that occur through your ATF Account – with or without your permission. To protect your ATF Account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your ATF Account or any other breach of security by sending an email to info@actionteamfitness.com. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ATF ACCOUNT. Any personal information you provide is governed by the terms of the ATF Privacy Policy (the “Privacy Policy”), which is located under the “privacy” heading at https://actionteamfitness.com.

License

Subject to the terms and conditions of these Terms, ATF grants you a personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Service, including a reasonable number of copies of any content, material, or software made available by ATF, for non-commercial and personal use only.

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 (defined below) without that person’s explicit consent.

Licensed Content

Contents on the Service, including User Content and certain content offered through the Service which is available to you solely in connection with a Paid Subscription, has been licensed to ATF in accordance with various agreements between ATF and the persons or entities who own the rights to that content ("Licensed Content"). Licensed Content is protected by all applicable intellectual property laws.

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.

Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available via the Service are those of the respective authors or producers and not of ATF or its directors, officers, employees, agents, representatives, partners, or affiliates. Under no circumstances will ATF or its directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on any information obtained through the Service.

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.

Action Team Fitness is a trademark of Action Team Fitness, LLC. 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 our prior written consent or the owner of the mark, as appropriate, is strictly prohibited.

Communications with Users; User Meet-ups

When you join ATF, you understand and agree that you may receive communications from other members of the Service. You also understand and agree that individual users are each acting independently and that no user is ATF’s representative or agent.

The Service may include tools that enable users to arrange in-person meetings. ATF is not involved in arranging or supervising meetings, and has no control over who attends meetings or the actions of any individual at any meeting. Please use caution and good judgment when arranging or attending meetings.

You agree that you bear all risk associated with any meeting you attend, and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third-party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Service or any meeting you attend. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

ATF Paid Subscription

We provide numerous subscription options for the Service. Certain Service options are provided free-of-charge, while other options require payment before they can be accessed (the “Paid Subscriptions”). You can access a Paid Subscription by signing up to pay monthly or annually. The fees applicable to your Paid Subscription (the “Fees”) are governed by the specific Paid Subscription plan you agreed to. ATF makes no representation or warranty that the Fees are the lowest or best price at any given time during the term of your Paid Subscription.

Cooling Off Period

You may terminate your Paid Subscription with immediate effect at any time within the period of 12 days (or such later date to the extent required by applicable law) after the date that you initially signed up for a Paid Subscription (the “Cooling Off Period”), without incurring any liability. If you choose to cancel your Paid Subscription within the Cooling Off Period, we will provide you with a refund on all Fees previously paid by you for such Paid Subscription.

Processing of Payments

ATF uses a third-party payment processor (the “Payment Processor”) to link your credit card to your ATF Account to the Service and process all payments made to ATF. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions, and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. ATF is not responsible for any errors by the Payment Processor. In connection with your use of the Service, ATF will obtain certain transaction details, which we will use solely in accordance with the ATF Privacy Policy.

Renewals; Cancellation

Your Paid Subscription will automatically renew at the end of the applicable subscription period unless you cancel your Paid Subscription by emailing info@actionteamfitness.com or by following the cancellation procedure indicated by ATF or as set forth in these Terms. If you cancel your Paid Subscription, you may continue to access your subscription until the expiration of the then-current subscription term, and your Paid Subscription will not be renewed after that term expires. You will not be eligible for a refund of any Fees paid for the current subscription period. The cancellation of your Paid Subscription will not result in the termination of your ATF Account unless you request that we delete your ATF Account.

Deletion of ATF Account

You can request the deletion of your ATF Account at any time by emailing info@actionteamfitness.com. We will make every effort to promptly respond to your request for deletion, and to the extent permissible by applicable law, delete or de-identify any personal information associated with your ATF Account.

Changes

We may modify these Terms from time to time by posting the modified Terms on our website. The revised Terms will be effective immediately upon posting on our website and your continued use of the Service after the new Terms are posted constitutes your acceptance of the modified Terms. If you do not agree with any changes to the Terms, you should discontinue your use of the Service and cancel your ATF Account.

Termination

We may suspend or terminate your ATF Account or access to the Service, in whole or in part, at any time with or without notice if we reasonably believe that you have breached these Terms or if we determine, in our sole discretion, to discontinue offering the Service. In the event of any suspension or termination of your ATF Account, whether by you or by us, you will not be entitled to any refund of any Fees paid for your Paid Subscription unless you request the cancellation of your Paid Subscription during the Cooling Off Period.

Disputes

For any dispute you have with ATF, you agree to first contact us at info@actionteamfitness.com and attempt to resolve the dispute with us informally. If we are unable to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms by binding arbitration in your jurisdiction. The arbitration will be conducted in the English language. Arbitration will be conducted by a single arbitrator. The award of the arbitrator shall be final and binding and may be enforced by any court of competent jurisdiction. We each agree that any arbitration will be conducted in our respective individual capacities only and not as a class action or other representative action, and we each expressly waive our right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Miscellaneous

These Terms and all rights and obligations of the parties relating to the Service, and the interpretation, construction, and enforceability of these Terms, will be governed by and construed in accordance with the internal laws of the jurisdiction in which you reside. These Terms represent the entire agreement between the parties with respect to the subject matter hereof. You may not assign these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. Any purported assignment in violation of this provision shall be void. ATF reserves the right to freely assign these Terms, and its rights and obligations hereunder, to any third party without notice to or consent from you. The failure of ATF to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. Neither party is liable for delay or default under these Terms if caused by conditions beyond their reasonable control.