TERMS OF SERVICE
These TERMS OF SERVICE (hereinafter “Agreement”) are entered into between you and Leah Hinnefeld Fitness, LLC d/b/a The Athletic Rider (hereinafter “The Athletic Rider”). This Agreement is effective as of the first date that the you accesses this Website or any Service offered through the Website (hereinafter “Effective Date”).
SERVICE & PAYMENT
Service. The Service on this Website is provided as-is on a monthly or annual basis, depending on the subscription type that you have selected. Payment for each Term is due in advance. The amount of payment required for the Service is subject to change and, specifically, is subject to increase without warning. In the event that you are dissatisfied with a price increase, your sole recourse is to discontinue the Service.
So long as you have paid in full in advance for your next Term, The Athletic Rider shall endeavor to provide you the ability to create one or more Accounts, and allow you to access the Website and the Service through the Website.
The Service may be changed from time to time at the sole discretion of The Athletic Rider. If at any time the you are dissatisfied with any change in the Service your sole recourse is to discontinue the Service.
You may not transfer your Account to any other party. You shall not provide your Account information to another party, nor allow another party to access the Website using your Account Name and Password. You shall notify The Athletic Rider immediately of any known access of the Service by any third party using Account information.
In the event of any failure on the part of The Athletic Rider to provide the Service, such as the Website being unavailable or not functioning properly, The Athletic Rider shall endeavor to restore functionality of the Service within a reasonable amount of time. In the event that the Service is not restored within a reasonable amount of time, your sole recourse shall be to discontinue use of the Service.
MATERIALS, SOFTWARE, & INTELLECTUAL PROPERTY
Materials. You recognize and agrees that: (i) all materials provided through the Service, including but not limited to videos, audio clips, text, photos, and graphics are the property of The Athletic Rider, its affiliates, partners, licensors and those party’s with whom The Athletic Rider has a separate business relationship, and as such are protected by copyright, trademark, trade secret, patent, and/or other intellectual property laws; and (ii) you do not acquire any right, title, or interest in or to the materials through this Agreement except the limited and temporary right to use them as necessary for you to receive the Service.
Intellectual Property in General. The Athletic Rider retains all right, title, and interest in and to the Service and any intellectual property rights thereof, worldwide, including without limitation all materials provided, in whatever form, on the Website, any software used to provide the Service, and all logos and trademarks reproduced through the Service, including without limitation the terms THE ATHLETIC RIDER. This Agreement does not grant you any intellectual property rights in or to the Service or in or to any components or materials accessed through this Website.
You shall not copy, publish, upload, post, transmit, distribute or in any way modify any materials accessed or obtained through the Service, except that you may download one copy of such material on a single computer for personal, non-commercial use, provided any copyright, trademark, author attribution and other proprietary notices and legends are not altered or removed.
EACH PARTY’S WARRANTIES
Your Identity. You warrants: (i) that you have accurately identified yourself through your Account information and will maintain the accuracy of such identification; and (ii) that you are an individual 18 years or older.
Right to Do Business. You and The Athletic Rider each warrants to have the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on the ability to perform as required by this Agreement.
Legal Purpose and Use: You warrant that you shall not use the Website, the Service, or any content, information or software related thereto for any purpose that is unlawful or prohibited by this Agreement.
Products and services offered through this Website or the Service are only offered in jurisdictions where they may be legally offered.
Disclaimers: THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND PROVIDER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED OR ARISING FROM A COURSE OF DEALING, USAGE, TRADE OR PRACTICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
Provider makes no warranty that the Service will not be interrupted, hindered or otherwise negatively affected at times by software or other issues of any kind. Provider makes no warranty that there will be 100% uptime of the Service or the Website or that there will not be interruptions to the Service.
Provider does not warrant that material on the Website will be complete and accurate or that it will not contain typographical errors, technical inaccuracies, and the like. Provider assumes no liability or responsibility for errors or omissions in the content of the web site.
Hold Harmless: You agree to indemnify and hold harmless The Athletic Rider and its subsidiaries, parents, affiliates, officers, directors, agents, employees, and the like, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of any third party.
LIMITATION OF LIABILITY: IN NO EVENT: (a) WILL THE ATHLETIC RIDER’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL FEES PAID BY USER TO PROVIDER FOR THE SERVICE; AND (b) WILL THE ATHLETIC RIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THIS SECTION APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section, The Athletic Rider’s liability will be limited to the maximum extent permissible.
OWN RISK: Your use of the Service and/or this Website is at the YOUR OWN RISK. The Athletic Rider shall not be liable for any damages to, or viruses that may infect, any computer equipment or other property on account of your or any other person’s access to, use of, or browsing the Website, or downloading of any material, data, text, images, video or audio from the Website, or any other use of the Website or of the Service. The Athletic Rider shall not be liable for any incidental or consequential damages, lost profits, lost data, indirect damages, or the like, even if The Athletic Rider has been informed of the possibility thereof.
MEDICAL WARNING, DISCLAIMER AND RELEASE
YOU WARRANT THAT YOU HAVE CONSULTED WITH A PHYSICIAN REGARDING YOUR POTENTIAL USE OF THE SERVICE, PRIOR TO BEGINNING THE SERVICE, AND THAT THE PHYSICIAN CONSENTS TO YOUR USE OF THE SERVICE. THE CONTENT OF THE WEBSITE AND ANY INFORMATION OTHERWISE OBTAINED BY YOU THROUGH THE SERVICE IS PROVIDED FOR INFORMATION PURPOSES ONLY AND YOUR USE OF SUCH INFORMATION AND CONTENT IS AT YOUR VOLUNTARY AND SOLE RISK. THE ATHLETIC RIDER DOES NOT GUARANTEE THE ACCURACY OF, OR ASSUME ANY LIABILITY FOR, THE CONTENT OF ARTICLES, PRODUCT DESCRIPTIONS, OR THE LIKE, OR ANY OTHER MATERIALS ON OR ACCESSED THROUGH THE WEBSITE, OR ANY OTHER INFORMATION OBTAINED BY YOU THROUGH THE SERVICE. THE ATHLETIC RIDER DOES NOT GUARANTEE OR WARRANT ANY SPECIFIC TEST, PRODUCT, OR PROCEDURE PRESENTED OR DESCRIBED ON OR ACCESSED THROUGH THE WEBSITE OR OTHERWISE OBTAINED BY YOU THROUGH THE SERVICE. RELIANCE UPON ANY INFORMATION OR USE OF ANY PRODUCTS PRESENTED ON OR ACCESSED THROUGH THE WEBSITE OR OTHERWISE DISCLOSED THROUGH THE SERVICE IS AT YOUR SOLE RISK. NEITHER THE CONTENT ON, OR ACCESSED THROUGH, THE WEBSITE, NOR ANY INFORMATION OR ADVICE RECEIVED BY YOU THROUGH THE SERVICE, SHOULD BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. PROVIDER IS NOT ENGAGED IN THE RENDERING OF MEDICAL ADVICE OR SERVICES. YOU WARRANTS THAT YOU SHALL NOT DISREGARD MEDICAL ADVICE OR DELAY SEEKING SUCH ADVICE IN RESPONSE TO CONTENT ON, OR ACCESSED THROUGH, THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE SERVICE. YOU RELEASE AND RELIEVE, AND AGREE TO RELEASE AND RELIEVE, THE ATHLETIC RIDER OF ANY AND ALL LIABILITY FOR ANY INJURIES, CLAIMS OR DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE.
The Website’s content is not a substitute for direct, personal, professional medical care and diagnosis. Provider and its employees, officers, directors and the like are not medical professionals. Any advice or information on the Website or otherwise provided through the Service should be cleared with your physician prior to use.
There may be risks associated with participating in activities mentioned on the Website or otherwise through the Service, for people with both known and unknown conditions, or in poor health. Because these risks exist, you agree to not participate in such diet plans if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities.
Testimonials, case studies, and examples found at the Website or otherwise provided through the Service are unverified results that have been forwarded to The Athletic Rider by Users and/or third parties, and may not reflect the typical purchaser’s experience, may not apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. If The Athletic Rider discloses typical results based on information provided by a manufacturer or other third party source, you should presume that the typical results as stated are more reliable than the testimonials and other examples found at the Website or otherwise provided through the Service, however you should also always perform due diligence and not take such typical results at face value. THE ATHLETIC RIDER is not responsible for any errors or omissions in typical results information supplied by manufacturers or other third parties. If a product or service is relatively new, it may not have been available for purchase long enough to provide an accurate results history.
Arbitration: You agree that any and all claims for gross negligence or intentional tort shall be settled solely by confidential binding arbitration per the American Arbitration Association’s commercial arbitration rules. All arbitration shall occur in Cherokee County, Canton, Georgia, and Georgia law shall govern. Arbitration fees and costs shall be split equally regardless of the outcome. You are solely responsible for your attorney fees.
TERM, TERMINATION AND REFUND POLICY
Free Trials: On the day following the end of any Free Trial you shall be automatically billed for a Monthly Subscription, and shall be billed each month thereafter for a renewal of the Monthly Subscription. You may avoid the first automatic billing and automatic enrollment in the Monthly Subscription by notifying The Athletic Rider in writing by at least the last day of the Free Trial.
Monthly Subscriptions: For Monthly Subscriptions this Agreement will continue for one month after the Effective Date (the “Term”). Thereafter, this Agreement will renew for subsequent terms (“Terms”) of one month, unless either you or The Athletic Rider notifies the other of the intent not to renew by at least the day before the Term ends. Monthly Subscription fees are non-refundable. You may cancel a Monthly Subscription at any time during the month, in which case the Monthly Subscription, and this Agreement, shall expire on the day of cancelation. Any fees paid prior to cancellation will not be refunded except as detailed below.
Annual Subscription: For Annual Subscriptions this Agreement will continue for one year after the Effective Date (the “Term”). If an Annual Subscriptions is cancelled within thirty (30) days of initial registration the amount paid to The Athletic Rider for the Annual Subscription will be refunded in full and the membership will terminate at the time of refund. If an Annual Subscription is cancelled after thirty (30) days of initial registration The Athletic Rider may, at its sole discretion, provide a prorated refund to you with fees being calculated as if you had been enrolled in a Monthly Subscription.
AUTOMATIC BILLING AND CANCELLATION
Automatic Billing: Notwithstanding the rest of this Section, you agree that if notice of cancellation is not received within three (3) days of any automatic enrollment or renewal, you may be automatically billed. When this occurs, if notice of cancellation was received at least by the day before the end of the Term, such fees shall be refunded in full within a reasonable amount of time.
Cancellation Notice: You may provide notice of cancellation/termination to The Athletic Rider by emailing us from the “Contact” page of this Website with the subject line “CANCELLATION” and providing your username in the body of the email.
Termination for Cause: You or The Athletic Rider may terminate this Agreement for material breach by written notice, effective in 30 days, unless the other Party first cures such breach.
Effects of Termination: Following any termination, you will no longer have access to features of the Members Area of the Website. The following provisions will survive termination of this Agreement: (i) any obligation of you to pay for Service rendered before termination; and (ii) any other provision of this Agreement that must survive termination to fulfill its essential purpose.
Commissions: If the Website links to a product or service, you agrees that The Athletic Rider may get paid a commission if you purchases the product or service through the Website link.
Secure Shopping: If your computer or web browser does not support a level of security required at any time by The Athletic Rider or its servers, or any third party provider or its servers, The Athletic Rider may deny you the ability to make one or more purchases, of any product or service, through the Website or Service. By non-limiting example, this may include a level of security that supports Secure Sockets Layer (SSL) technology.
Notices: The Athletic Rider may send notices pursuant to this Agreement, by e-mail, to any of your email addresses associated with your Account, and such notices will be deemed received the day after they are sent. The Athletic Rider may send notices pursuant to this Agreement, other than by e-mail, to any of your physical addresses associated with your Account, and such notices will be deemed received three days after they are sent.
Amendment: The Athletic Rider may amend this Agreement from time to time by posting an amended version at the Website. Such amendment will be deemed accepted and become effective immediately for you if you are not then participating in a Free Trial, a Monthly Subscription or an Annual Subscription: If you are participating in any of the aforementioned activities, such amendment will be deemed accepted and become effective 30 days after such notice unless you first give The Athletic Rider written notice of rejection of the amendment. In the event of such rejection, this Agreement will continue under its original provisions, and the amendment will become effective at the start of your next Term. Your continued use of the Service following the effective date of an amendment, without giving written notice of rejection to Provider, will confirm your consent to the amendment. This Agreement may not be amended in any other way except through a written agreement executed by Authorized Representatives of you and The Athletic Rider. Neither the course of conduct between you and The Athletic Rider nor trade practice shall act to modify this Agreement.
No Waiver: Neither you nor The Athletic Rider will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than (i) by an Authorized Representative and (ii) in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement. The Athletic Rider’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Force Majeure: To the extent caused by force majeure, no delay, failure, or default will constitute a breach of this Agreement.
Assignment & Successors: You may not assign this Agreement or any of its rights or obligations hereunder without The Athletic Rider’s express written consent. The Athletic Rider may assign any of its rights and duties under this Agreement to any party at any time without notice to you. Except to the extent forbidden in this section, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of you and The Athletic Rider.
Choice of Law & Jurisdiction: This Agreement will be governed solely by the laws of the State of Georgia, without reference to such State’s principles of conflicts of law. You and The Athletic Rider consent to the personal and exclusive jurisdiction of the federal and state courts of Cherokee County, Georgia over any legal proceeding directly or indirectly arising out of or relating to the Website, the Service or this Agreement.
Any cause of action or claim User may have with respect to the Website or the Service must be commenced within one (1) year after the claim or cause of action arises.
Severability: To the extent permitted by applicable law, you and The Athletic Rider hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
Certain Notices: Pursuant to 47 U.S.C. Section 230(d), The Athletic Rider hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information regarding providers of such protections may be found on the Internet by searching “parental control protection” or similar terms.
Entire Agreement: This Agreement sets forth the entire agreement of you and The Athletic Rider and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither you nor The Athletic Rider has relied upon any such prior or contemporaneous communication.
YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS & CONDITIONS OF THIS AGREEMENT.