terms and conditions
TERMS AND CONDITIONS
THESE TERMS CONTAIN AN ARBITRATION CLAUSE, DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY.
The following terms ("Terms of Use") constitute an agreement between TW Training and Wellness LLC ("Company"), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company (the "Website"), located at https://www.twtrainingwellness.com/. Company, owner and operator of the Website, is a limited liability company formed under the laws of Chicago IL, United States.
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend, or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. Your continued use of any part of the Website constitutes your acceptance of such changes to the Terms of Use. You should review the Terms of Use periodically to determine if any changes have been made.
PURCHASE POLICIES
On the Website, you may purchase Run Coaching Packages and Strength Training Programs.
The Coaching Packages may be purchased on a membership basis at the prices indicated on the Website and may also be referred to as a “Membership” or collectively as the “Memberships.”
You may also purchase the Connect + Run and 1:1 coaching services found at https://www.twtrainingwellness.com/11-run-coaching and https://www.twtrainingwellness.com/connect-and-run (the “Coaching Services”). Please visit the Website for a full description of the Coaching Services.
The Strength Training Programs can be purchased at https://www.twtrainingwellness.com/12-week-strength-training-program.
The Memberships are available for a monthly fee, which you may choose at time of purchase (the “Membership Subscription Fee”). For any purchase, you will be required to select a payment plan and provide Company’s third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update Company with any changes to your payment instrument (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Use. You hereby authorize Company to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate your Membership, and you further agree to pay any charges so incurred. If you dispute any charges you must let Company know within sixty (60) days after the date that Company charges you. Company reserves the right to change the price of the Membership. Your continued use of the Membership after the price change becomes effective constitutes your agreement to pay the changed amount. Access will be revoked to the Membership if you choose a payment plan or subscription and do not complete the payments on schedule.
Your Membership will automatically renew each month, or every 12 months, depending on which Coaching Service you selected. It is your responsibility to cancel the Membership prior to renewal. You may terminate your Connect + Run Membership by cancelling your plan through your SquareSpace Member Areas account before the next payment. 1:1 Run Coaching must be canceled by emailing Company at least 7 days in advance of next payment.
The Coaching Services, Classes, Packages and/or Memberships may be referred to collectively as the “Products.” The Products may utilize third party platforms or services, such as Zoom, Vimeo, Mighty Networks, Slack and Squarespace. You hereby agree to be bound by any applicable terms of use or privacy policies from such third parties.
Refund Policy
Company does not provide refunds for the Memberships, Coaching Services, or Strength Training Programs.
Certain jurisdictions may have longer periods where refunds will be granted. Company will honor such periods as required by law.
LICENSE FOR USE OF PRODUCTS
All Products available for sale on the Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. You may not create any derivative works of the Products. When you purchase any of the Products, you agree that you will not use any information you gain from the Products to create any product or service, whether offered for commercial or personal use, without express written consent of the Company. All inquiries for use of Company intellectual property must be submitted to tammy@twtrainingwellness.com. Company reserves the right to seek equitable and compensatory relief for any violation of this term.
GENERAL DISCLAIMER
Company has made every effort to ensure that all information on the Website and in the Products has been tested for accuracy. Company makes no guarantees regarding the results that you will see from using the information provided on the Website or in the Products. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Company.
Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website or in the Products. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website or in the Products.
FITNESS INFORMATION DISCLAIMER
The Website and Products may discuss topics related to health and fitness and may include information on exercise and workouts. The fitness information provided on the Website and in the Products is for informational purposes only. Consult a physician or medical professional before beginning any fitness program. Any form of exercise poses inherent risk of injury and by voluntarily engaging in any exercise or workout presented on the Website or in the Products, you assume the risk of any potential injury that may result. Even if the information provided on the Website or in the Products is from a certified personal trainer, it is for informational purposes only and the personal trainer has not consulted with you on an individual basis. For any fitness classes, you may also be required to sign a separate waiver.
YOUR RESPONSIBILITY
The Website and Products were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website and in the Products. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Website or Products.
RELEASE AUTHORIZATION
By purchasing any of the Products, you hereby grant permission to Company to record any portion of your participation or access to the Products, including classes held on Zoom. You further grant the right to use your image, in video or still photograph, and of the likeness and sound of your voice as recorded on audio or videotape, and any written content you share during use of the Products including comments or questions you voluntarily share (all of the foregoing your "Likeness") without payment or any other consideration. You understand that your Likeness may be edited, copied, exhibited, published, or distributed and you waive the right to inspect or approve the finished product wherein your Likeness appears. Additionally, you waive any rights to royalties or other compensation arising or related to the use of your Likeness.
Your Likeness may be used for ANY USE which may include but is not limited to presentations, courses, online/Internet videos, media, news or press, promotions, or online advertising.
By purchasing or accessing one of the Products you understand and agree that your Likeness may be electronically displayed via the internet. You also understand that anything you post inside the Products may be distributed for promotional, educational, or other commercial purposes on the internet by Company.
There is no limit on the validity of this release nor is there any geographic limitation on where these materials including your Likeness may be distributed.
You acknowledge that you have completely read and fully understand the above release and agree to be bound thereby. By purchasing or accessing one of the Products, you hereby release any and all claims against any person or organization utilizing your Likeness as specified herein.
USE OF THE WEBSITE
Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website and in the Products. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
· Republication of content from the Website or Products, unless content is specifically and expressly made available for republication;
· Sale, rental or sub-license of any content from the Website or Products;
· Reproduction or duplication of any content on the Website or in the Products for commercial purposes;
· Modification of any content on the Website or Products, unless content is specifically and expressly made available for modification;
· Redistribution of content of the Website or Products, unless content is specifically and expressly made available for redistribution.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Company.
You must not use the Website or Products in a way that causes, or may cause, damage to the Website or Products or impairs the availability of access to the Website or Products. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website or Products, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website or Products to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website or Products without Company's express written permission.
You must not use the Website or Products to transmit or send any unsolicited commercial communications.
You must not use the Website or Products for any third-party marketing without Company's express written permission.
INTELLECTUAL PROPERTY
All original materials provided by Company are owned by Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Company's intellectual property. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display, or perform is granted or implied. Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Certain of the names, logos, and other materials displayed on the Website or in the Products constitute Company's intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights ("Company IP"). You are not authorized to use any Company IP without Company's express consent. Ownership of Company IP remains with Company and You agree not to make any claims or assertions of any other party's ownership of Company IP.
"TW Training and Wellness" is a trademark of Company and is protected by United States trademark law. Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company.
Equitable Relief
You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
COPYRIGHT
Unless otherwise noted, the design, content and all components of the Website and Products are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
TRADEMARKS
Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits TW Training and Wellness LLC, https://www.twtrainingwellness.com/, or the experts featured on the Website or Products.
From time to time, the Website or Products will legally utilize trademarks owned by third parties related to Company's services. These trademarks are the respective property of their owners.
GRANT OF RIGHTS
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website or Products. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to the Website or Products, you represent that you have the right to grant these permissions for use of such content by Website, Products, Company and Company’s sublicensees.
CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the Website or Products, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website or Products; (ii) stored on Company's servers; or (iii) hosted or published on the Website or Products. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Company's rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website or Products and is not responsible for such content.
COMMENT POLICY
The Website and/or Products may offer the option for you to leave comments, engaging with the Website or Products. The following types of comments will not be tolerated and will be deleted:
· harassment directed toward any content creator or Company;
· spam;
· hate speech;
· defamatory to Company or any third party;
· reference illegal acts; or,
· violate the legal rights of a third party.
Company's sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
You are, and shall remain, solely responsible for the any content you upload, submit, post, transmit, communicate, share, or exchange by means of the Website or Products and for the consequences of submitting or posting same. COMPANY DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE PRODUCTS OR WEBSITE AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PARTICIPANTS OF THE PRODUCTS. YOU ACKNOWLEDGE AND UNDERSTAND THAT COMPANY HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS PARTICIPANTS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS PARTICIPANTS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS PARTICIPANTS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER PARTICIPANTS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER PARTICIPANT IN PERSON. COMPANY DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS PARTICIPANTS. IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY PARTICIPANT’S CONDUCT, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN PARTICIPANTS.
You and any Participant violating the Terms of Use may be immediately and permanently removed from the Products, in Company’s sole discretion and no refund will be due to you in such case.
Any content posted in the Products or on the Website is the sole responsibility of the person(s) who created it, and Company and its employees, agents, directors, and officers, undertake no obligation or liability related to such content. Company and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful content posted by Participants, nor does it assume responsibility or liability that may arise from any content posted in the Products or on the Website, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.
Company reserves the right to report to the appropriate authority any post, comment, message, or Participant in the Products that Company deems, in its sole discretion, may implicate the safety of either a member or a third-party.
TAKEDOWN REQUESTS
From time to time, the Website or Products will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to tammy@twtrainingwellness.com and we will remove the image within 24 to 48 hours.
COMMUNICATION
If you send Company an email, register to use the Website or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
THIRD PARTIES
The Website or Products may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website or Products. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to your use of a third-party website.
Prior to engaging in any meetings, events, or commercial transactions with any third parties discovered through or linked on the Website or in the Products, you must complete any necessary investigation or due diligence. You understand that Company does not perform psychological testing or background checks on the individuals who may use the Website, Products or Company’s services. You understand and agree that you are solely responsible for your actions and decisions to meet other individuals who you meet online by virtue of the Website, Products or services provided on the Website. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website or in the Products, you expressly hold Company harmless from any and all liability in any dispute.
CHILDREN'S INFORMATION
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at tammy@twtrainingwellness.com and we will use our best efforts to promptly remove such information from our records.
NO WARRANTIES
The Website and Products are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. Company makes no representations or warranties in relation to the Website, Products or the information and materials provided therein.
Company makes no warranty the Website or Products will meet your requirements; will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website or Products. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website or Products. The Website and Products are written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY LAW, COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
INDEMNITY
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of Chicago IL without reference to its conflict of law provisions. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Chicago IL. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Terms of Use. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
The Terms of Use may not be assigned by you without Company's prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion.
The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Company.
The failure of Company to exercise or enforce any right or provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the Terms of Use by Website or Company must be in writing and signed by an authorized representative of the Company.
All notices with respect to the Terms of Use must be in writing and may be via email to
tammy@twtrainingwellness.com for Company and to your email address.
Last updated: November 20, 2023.