Terms of Service, Conditions, and Privacy Policy
1. Introduction
Welcome to http://www.activemomfitness.com and www.corefunctionfitness.com. Both websites are owned and operated by Active Mom Fitness LLC (hereinafter referred to as "Active Mom Fitness LLC"). This agreement covers all services provided by Active Mom Fitness LLC, including those operated through Zoom or Podia.
Effective Date: January 1, 2017
2. Acceptance of Terms
By accessing our websites and services, you agree to accept and adhere to the following terms and conditions. We reserve the right to modify this agreement without notice. It is your responsibility to review this agreement periodically.
A PDF version of your assumption of risk, waiver of liability, and indemnification/hold harmless agreement (hereafter referred to as Risk Assumption and Liability Waiver) assumed by using either website can be obtained by contacting Active Mom Fitness LLC. You understand that the following agreement may vary slightly from the Risk Assumption and Liability Waiver due to the nature of in-person services, but understand both agreements apply to all users whether in person or online.
3. Services Offered
Exercise consultations
Blog posts, articles, research summaries
Online workouts, programs, and courses
Other fitness and wellness-related services
4. Membership and Modification of Services
Access to content and/or areas of the website granted by respective membership levels
Can be cancelled at any time by the member or Owner
Monthly billing cycle (except for yearly option)
No refunds due to the nature of content accessibility
4b. Modification of Services
Active Mom Fitness LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that Active Mom Fitness LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the services.
5. Health and Safety Disclaimer
Consult with a licensed physician before participating in any exercise program
For pregnant users: Discuss potential risks with your obstetrician before participation
Active Mom Fitness LLC/Ashley Reid is not a doctor or registered dietician
Services provided by Active Mom Fitness/Core Function & Fitness/Ashley Reid are opinion-based and they do not claim to diagnose, treat, or cure any cause, condition or disease
All suggestions provided are for informational purposes only; they are not to be confused with medical advice
Always communicate with your doctor to make any decisions or changes regarding your health, as your doctor is the only one who knows what is right for you
You agree to check with your doctor and have it cleared before beginning any new exercise or nutrition suggestion
You acknowledge and hereby affirm that you are at least 18 years of age
6. Waiver of Liability
You release, waive, discharge, and covenant not to sue Active Mom Fitness LLC, its owners, directors, officers, employees, and agents from any claims resulting from participation in activities, training sessions, observation, workout videos, use of fitness equipment, and suggested health and fitness products, workouts, and recipes. This includes any and all claims including the negligence of Active Mom Fitness LLC resulting in personal injury, humility, accidents or illnesses (including death), and financial loss arising from, but not limited to, the aforementioned activities.
You expressly agree that your use of, or inability to use, the services provided by Active Mom Fitness LLC is at your sole risk. The services and all products associated with the services are provided on an "as is" and "as available" basis.
7. Assumption of Risk
You understand and acknowledge that the activities in which you may participate while using Active Mom Fitness LLC services carry inherent risks that may result in serious injury, illness, or death. These risks may be caused by your own actions or inactions, the actions or inactions of others participating in the activities, or the conditions in which the activities take place. Your participation is voluntary, and you knowingly assume all such risks.
8. Indemnification and Hold Harmless Agreement
You agree to INDEMNIFY AND HOLD Active Mom Fitness LLC and Ashley Reid HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney's fees resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your participation incurred by you or any other person using Active Mom Fitness/Core Function & Fitness/Ashley Reid workouts, services or information, brought as a result of your involvement with Active Mom Fitness LLC/Core Function & Fitness/Ashley Reid and to reimburse Active Mom Fitness LLC for any such expenses incurred.
9. User Conduct and Responsibilities
Provide accurate information during registration
Maintain confidentiality of login information
Use materials only through means provided by Active Mom Fitness LLC
Do not attempt to copy, duplicate, reproduce, sell, trade, or resell materials
Use communication tools responsibly and ethically
Do not upload, post, share, or distribute content that is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language
Do not infringe on any trademark, patent, trade secret, copyright, or other proprietary right of any party
Do not post unauthorized or unsolicited advertising
Do not impersonate any person or entity, including any Active Mom Fitness LLC employees or representatives
10. Intellectual Property Rights and Content Creation
All content and materials available on http://activemomfitness.com and www.corefunctionfitness.com, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Active Mom Fitness LLC, and are protected by applicable copyright and trademark law.
Unauthorized use, reproduction, distribution, or display of content is strictly prohibited, unless specifically authorized by Active Mom Fitness LLC.
Any content posted by users using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Active Mom Fitness LLC.
By posting such content, you grant Active Mom Fitness LLC a perpetual, irrevocable, worldwide, royaltyfree, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit.
This license only applies to content posted via open communication tools and does not include information provided as part of the registration process.
All information provided during registration is considered private.
11. Trademarks
The following terms are trademarks of Active Mom Fitness LLC:
Active Mom Fitness
Core Function & Fitness
Any unauthorized use of these trademarks is strictly prohibited.
12. Privacy Policy
Collection of personally identifiable information
Automatic collection of computer hardware and software information, including IP address, browser type, domain names, access times and referring website addresses
Use of collected information for service operation, maintenance, and to provide general statistics
No selling, renting, or leasing of customer lists to third parties
Disclosure of personal information only if required by law or to protect rights, property, or safety
Use of cookies:
The Active Mom Fitness or Core, Function and Fitness website may use "cookies" to help personalize your online experience
A cookie is a text file placed on your hard disk by a web page server
Cookies cannot be used to run programs or deliver viruses to your computer
Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you
You have the ability to accept or decline cookies
Most Web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer
Option to opt out of communications
13. Limitation of Warranties and Liability
All materials provided "as is" and "as available"
Active Mom Fitness LLC makes no warranty that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis
Active Mom Fitness LLC makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the services
In no event will Active Mom Fitness LLC, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Active Mom Fitness LLC and you
14. Termination of Use
We reserve the right to suspend or terminate your access to our website and resources for any reason, including breach of this agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for termination and may be referred to law enforcement authorities.
15. Governing Law
This agreement is governed by the laws of Pennsylvania, USA. Any legal action shall be brought in the federal or state courts located in Pennsylvania.
16. Severability
Any provision not in conformity with the law of any state or governing body having jurisdiction is hereby severed from this contract and the balance shall, notwithstanding, continue in full legal force and effect.
17. Acknowledgment of Understanding
You have read the responsible use and conduct, waiver of liability, assumption of risk, disclaimer and indemnification and hold harmless agreement, and fully understand its terms. You understand you can request a more complete waiver of liability and assumption of risk by contacting Active Mom Fitness LLC. You understand that you are giving up substantial rights, including your right to sue. You acknowledge that you are agreeing to these terms and conditions freely and voluntarily, and intend this to be a complete and unconditional release of all liability to the greatest extent allowed by law.
18. Contact Information
For questions or comments about these Terms of Service, Conditions, or Privacy Policy, contact using the contact form.
By using our services, you acknowledge that you have read, understood, and agreed to these terms and conditions.
19. Special Considerations for Fitness and Healthcare Professionals
19.1 Professional Use Disclaimer
The information, products, services, and guidance provided on our websites and through our services are intended for general informational and educational purposes only. They are not intended to replace professional medical advice, diagnosis, or treatment.
Fitness and healthcare professionals using our resources should exercise their own professional judgment and expertise when applying any information, recommendations, or techniques suggested on our platforms to their clients or patients.
19.2 Scope of Practice
Fitness and healthcare professionals are responsible for operating within their respective scopes of practice as defined by their licensing bodies and applicable laws.
The use of our resources does not expand a professional's scope of practice beyond what is legally permitted in their jurisdiction.
19.3 Client/Patient Referrals
Fitness professionals are encouraged to refer clients to appropriate healthcare providers for any medical concerns that arise during the course of using our resources or implementing our programs.
Healthcare professionals should ensure that any fitness recommendations made using our resources are appropriate for their patients' medical conditions and overall health status.
19.4 Continuing Education
While we strive to provide up-to-date and accurate information, fitness and healthcare professionals are responsible for maintaining their own continuing education and staying current with best practices in their respective fields.
19.5 Liability and Insurance
Fitness and healthcare professionals should ensure they have appropriate professional liability insurance that covers their use of third-party resources and programs in their practice.
19.6 Customization of Programs
Professionals are encouraged to customize and adapt our resources as needed to meet the individual needs of their clients or patients, always prioritizing safety and effectiveness.
19.7 Feedback and Reporting
We encourage fitness and healthcare professionals to provide feedback on our resources and to report any concerns or adverse events that may occur in relation to the use of our products or services.