Terms of Service, Conditions and Privacy
Welcome to http://www.activemomfitness.com. This website is owned and operated by Active Mom Fitness LLC. In addition to this website, online membership with Active Mom Fitness LLC is connected and operated by PT Distinction (hereafter referred to as "PTD). By visiting www.activemomfitness.com (or the membership option by linking through PTD) and accessing the information, materials, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms of service, conditions and privacy.
This agreement is in effect as of January 1, 2017.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. A more complete version of your assumption of risk, waiver of liability and indemnification/hold harmless agreement (hereafter referred to as Risk Assumption and Liability Waiver) will be e-mailed to you when purchasing services or 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.
Responsible Use and Conduct, Waiver of Liability, Assumption of Risks, and Indemnification and Hold Harmless Agreement
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Materials’), you agree to use these Materials only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
- Waiver: In consideration of using our website resources, exercise consultations, blog recommendations, online workouts, nutrition guidance and other services, you, your heirs, personal representatives or assigns, (hereinafter referred to as “You” and “Your”) do hereby release, waive, discharge, and covenant not to sue Active Mom Fitness LLC, and/or their owners, directors, officers, employees, and agents from liability from 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, participation in activities, training sessions, observation, workout videos, use of fitness equipment and suggested health and fitness products, workouts and recipes.
- Assumption of Risk: Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. You know, understand, and appreciate risks that are inherent in the activities, services and suggestions made possible by Active Mom Fitness LLC and hereby assert that your participation is voluntary and that you knowingly assume all such risks.
- You have been examined by a licensed physician and been found by such physician to be in good health and fully able to exercise and make your own nutrition decisions.
- In the event that you are pregnant, you will not participate in any of Active Mom Fitness LLC services until you have discussed the potential risks to you or your unborn child/fetus with your obstetrician. You agree that you will follow your obstetrician’s recommendations and on behalf of yourself, your heir, spouse or other interested party hold harmless Active Mom Fitness LLC for any possible injury to yourself or your unborn child/fetus.
- You acknowledge and hereby affirm that you are at least 18 years of age.
- You acknowledge that any content hosted on activemomfitness.com is fully protected under the laws of copyright and trademark, and any unauthorized duplication, exhibition, distribution of Active Mom Fitness LLC content, or any part thereof, without prior written consent is strictly forbidden by law, including United States federal law, and that violators will be prosecuted to the maximum extent of the law.
- Indemnification and Hold Harmless : You also agree to INDEMNIFY AND HOLD Active Mom Fitness LLC 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 workouts, services or information, brought as a result of your involvement with Active Mom Fitness LLC and to reimburse Active Mom Fitness LLC for any such expenses incurred. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
- 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.
- In order to access our Materials, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, purchase of product or as part of your ability to use the Materials. You agree that any information you provide will always be accurate, correct, and up to date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Materials. Accordingly, you are responsible for all activities that occur under your account/s.
- Accessing (or attempting to access) any of our Materials by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Materials through any automated, unethical or unconventional means.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Materials is strictly prohibited.
- You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on our website, such as blog comments, blog posts, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit languages
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any http://www.activemomfitness.com employees or representatives.
- We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you 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, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Materials. All information provided as part of our registration process is considered private.
- You agree to check with your doctor and have it cleared before beginning any new exercise or nutrition suggestion. Active Mom Fitness is not a doctor or registered dietician, the services provided by Active Mom Fitness 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.
Active Mom Fitness LLC memberships provide access to content and/or areas of the website granted by their respected membership levels. Memberships can be cancelled at anytime by the member, or Active Mom Fitness LLC if deemed appropriate. If canceled, memberships will be terminated immediately and billing will cease the following billing cycle. Monthly memberships are billed on a monthly cycle. Due to the nature of content accessibility, memberships are not entitled to refunds unless deemed appropriate by Active Mom Fitness LLC.
- Your privacy is very important. Active Mom Fitness LLC may collect personally identifiable information.
- Information about your computer hardware and software may be automatically collected by Active Mom Fitness LLC. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Active Mom Fitness or PTD website.
- Active Mom Fitness LLC collects and uses your personal information to operate its website(s) and deliver the services you have requested.
- Active Mom Fitness LLC does not sell, rent or lease its customer lists to third parties.
- Active Mom Fitness LLC will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Active Mom Fitness LLC or the site; (b) protect and defend the rights or property of Active Mom Fitness LLC; and, (c) act under exigent circumstances to protect the personal safety of users of Active Mom Fitness LLC, or the public.
The Active Mom Fitness or PTD website may use “cookies” to help you personalize your online experience. A cookie is a text file that is 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 setting to decline cookies if you prefer.
- Active Mom Fitness LLC secures your personal information from unauthorized access, use or disclosure.
Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Active Mom Fitness LLC by contacting us here.
Limitation of Warranties
By using our website, you understand and agree that all Materials we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
a) the use of our Materials will meet your needs or requirements.
b) the use of our Materials will be uninterrupted, timely, secure or free from errors.
c) the information obtained by using our Materials will be accurate or reliable, and
d) any defects in the operation or functionality of any Materials we provide will be repaired or corrected.
Furthermore, you understand and agree that:
e) any content downloaded or otherwise obtained through the use of our Materials is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
f) no information or advice, whether expressed, implied, oral or written, obtained by you from Active Mom Fitness LLC or through any Materials we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Active Mom Fitness LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Materials, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on http://activemomfitness.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. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Active Mom Fitness LLC.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Activemomfitness.com is controlled by Active Mom Fitness LLC from our office located in the state of Pennsylvania, USA. This website can be accessed by most countries around the world. As each country has laws that may differ from those of PA, by accessing our website, you agree that the statutes and laws of PA, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in PA., USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Acknowledgment of Understanding
You have read the responsible use and conduct, waiver of liability, assumption of risk, disclaimer and indemnification and hold harmless agreement, 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 to be a complete and unconditional release of all liability to the greatest extent allowed by law.
If you have any questions or comments about these our Terms of Service, Conditions or Privacy as outlined above, you can contact us at: firstname.lastname@example.org