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TERMS AND CONDITIONS(APP AND WEBSITE)

HomeTERMS AND CONDITIONS(APP AND WEBSITE)

TERMS AND CONDITIONS

Introduction

Welcome to Ready Fitness Training, a premier online destination for fitness and wellness, and its complementary mobile application (“App”). This document, commonly referred to as the “Terms and Conditions” (“Terms”), forms a legally binding contract between you (“User,” “you,” “your”) and Ready Fitness Training (“Company,” “we,” “us,” “our”). These Terms are designed to govern and regulate your access to, and use of, the Ready Fitness Training.com website (“Website”) and the App. This agreement is crucial for ensuring a mutual understanding and a harmonious relationship between you and the Company.

ARTICLE 1: Acceptance and Scope

1.1 Agreement to Terms

  • Acknowledgment and Consent: By accessing, browsing, or utilizing the services and functionalities of the Website or App, you affirmatively acknowledge that you have thoroughly read, comprehended, and assented to these Terms. Your continued use of the Website or App signifies your explicit agreement to these Terms and all the stipulations therein.
  • Binding Nature: Please understand that these Terms constitute a binding legal agreement between you and Ready Fitness Training. If you find yourself unable to agree to these Terms in their entirety, we respectfully ask that you refrain from using both the Website and the App.

1.2 Scope and Applicability

  • Comprehensive Coverage: These Terms extend to all forms of interaction, transactions, and activities you engage in on the Website and App. This includes, but is not limited to, making purchases, subscribing to services, participating in community discussions, and any other forms of interaction offered by Ready Fitness Training.
  • Continuous Adaptation: The digital landscape is ever-evolving, and as such, the scope of these Terms may be subject to changes and expansions to encompass new features, services, or functionalities introduced on the Website and App.

ARTICLE 2: User Registration and Account Security

2.1 Account Creation and Responsibility

  • Mandatory Registration for Access: Certain features of the Website and App, such as personalized fitness plans, online purchases, and community access, require you to create a user account. By creating this account, you commit to providing accurate, current, and complete information as prompted by our registration processes.
  • Ongoing Accuracy Obligation: You are expected to keep your registration data up to date and accurate. Any changes in your personal information, such as a new email address or change of name, should be promptly updated in your account settings.

2.2 Confidentiality and Security of Account

  • Personal Responsibility for Account Security: You are solely responsible for maintaining the confidentiality of your account login credentials, including your password. This responsibility encompasses all activities that occur under your account.
  • Immediate Breach Notification: In the event of any unauthorized use of your account or any other security breach, you agree to immediately notify Ready Fitness Training. Our team will work with you to promptly address and resolve the issue.

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3.1 Grant of Limited License

  • Non-Exclusive Access: Ready Fitness Training grants you a non-exclusive, non-transferable, limited right to access and use the Website and App. This license is provided solely for your personal, non-commercial use, aimed at enhancing your fitness journey.
  • License Limitations: The granted license does not include any resale or commercial use of the Website or App, unauthorized collection and use of user content, or any use of data mining, robots, or similar data gathering and extraction tools.

3.2 User Conduct and Acceptable Use Policy

  • Lawful and Harmless Use: You agree to use the Website and App only for lawful purposes and in ways that do not infringe upon the rights of, or restrict or inhibit anyone else’s use and enjoyment of, Ready Fitness Training.
  • Prohibited Actions: You are prohibited from engaging in any activity that is harmful, abusive, unlawful, or in violation of these Terms, including hacking, spreading malware, or conducting fraudulent activities.
  • Content Standards: Any content that you upload or share on the Website or App should comply with our community guidelines, respect intellectual property laws, and avoid any form of offensive or harmful material.

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4.1 Content Ownership and Protection

  • Ownership of Website/App Material: All materials, including texts, graphics, logos, icons, images, audio and video clips, digital downloads, and software available on the Website and App are the sole property of Ready Fitness Training or its licensors. These materials are protected under applicable copyright and intellectual property laws.
  • Prohibition of Infringement: Unauthorized use, reproduction, modification, distribution, transmission, or exploitation of any content from the Website and App is strictly prohibited, except as expressly permitted under these Terms or with prior written consent from Ready Fitness Training.

4.2 User-Generated Content (UGC) and Licensing

  • UGC Rights: Users are encouraged to post content in designated areas of the Website and App, such as reviews, comments, and forums. While you retain ownership of your UGC, you are responsible for ensuring that it does not infringe on any third-party rights or intellectual property.
  • Grant of License to Ready Fitness Training: By submitting UGC, you grant Ready Fitness Training a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. This includes the right to use your name, likeness, and any other information you provide in connection with the UGC.

ARTICLE 5: Purchases and Financial Terms

5.1 Availability of Products and Services

  • Diverse Offerings: Ready Fitness Training offers a variety of products and services through the Website and App. This includes fitness sessions, subscription plans, merchandise, and other related products and services.
  • Service Descriptions: We endeavor to provide accurate and complete descriptions of our products and services. However, we do not warrant that all descriptions, photographs, pricing, or other information is accurate, complete, current, or error-free.

5.2 Pricing Policy and Payment Terms

  • Dynamic Pricing: Prices for our products and services are subject to change without prior notice. All prices are listed in the applicable currency and are inclusive of applicable taxes unless otherwise noted.
  • Accepted Payment Methods: We accept various forms of payment as listed on the Website and App. By submitting your payment information, you confirm that you are authorized to use the provided payment method.

5.3 Refund and Cancellation Policy

  • Cancellation Rights: Customers may cancel their purchases or subscriptions under certain conditions as stipulated in our refund policy.
  • Refund Eligibility and Processing: Refunds will be processed in accordance with our refund policy, considering factors such as the nature of the product or service, timing of the cancellation, and compliance with our return procedures.

ARTICLE 6: Privacy and Data Protection

6.1 Adherence to Privacy Policy

  • Importance of Privacy: We place a high priority on the privacy and security of our users’ personal information. Our detailed Privacy Policy is an integral part of these Terms and Conditions.
  • Policy Incorporation: The Privacy Policy is incorporated by reference into these Terms. It comprehensively outlines the methods of data collection, usage, and protection of personal information provided by users on the Website and App.

6.2 Responsible Data Use

  • Conformity with Privacy Policy: All personal data collected through the Website and App will be used in a manner consistent with our Privacy Policy. This includes, but is not limited to, personal identification information, transactional data, and usage metrics.
  • Compliance with Laws: The handling of user data will strictly adhere to applicable data protection laws and regulations, ensuring the utmost respect for user privacy and data security.

ARTICLE 7: Modifications and Amendments

7.1 Right to Revise Terms

  • Amendment Authority: Ready Fitness Training reserves the exclusive right to update, change, or modify these Terms and Conditions at any time, without prior notice, to reflect changes in our services, practices, or in response to regulatory requirements.
  • Notification of Changes: While we endeavor to provide timely notice of significant amendments, it is the user’s responsibility to review these Terms periodically for any modifications. The date of the latest update will be prominently displayed at the top of the document.

7.2 Acceptance of Revised Terms

  • Continued Usage as Acceptance: Your continued access and use of the Website and App following any amendments to these Terms will constitute your unconditional acceptance of such changes. If you do not agree to the revised Terms, you should discontinue the use of the Website and App immediately.
  • User Responsibility: Users are encouraged to regularly review these Terms to stay informed of their rights and obligations.

ARTICLE 8: Disclaimers and Limitations of Liability

8.1 No Warranties on Services

  • “As Is” and “As Available” Provision: The Website and App are made available to you on an “as is” and “as available” basis. Ready Fitness Training disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • No Guarantee of Uninterrupted Service: We do not warrant that the Website or App will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.

8.2 Restrictions on Liability

  • Exclusion of Certain Damages: To the fullest extent permitted by applicable law, Ready Fitness Training shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or related to your use, or inability to use, the Website or App.
  • Cap on Liability: Our total liability to you for all claims arising from or relating to the Terms, the Website, or the App is limited to the amount you paid us to use the Website or App, if any, during the twelve (12) months prior to the claim.

ARTICLE 9: Dispute Resolution

9.1 Applicability of Jurisdictional Law

  • Governing Law: These Terms and your use of the Website and App are governed by and construed in accordance with the laws of the jurisdiction where Ready Fitness Training is headquartered, without giving effect to any conflict of law principles.

9.2 Resolution of Disputes

  • Arbitration Agreement: Any dispute, claim, or controversy arising out of or in connection with these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
  • Arbitration Procedures: The arbitration will be conducted in the jurisdiction where Ready Fitness Training operates, in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys’ fees.

ARTICLE 10: Termination and Suspension

10.1 Right to Terminate

  • Authority to Terminate/Suspend: Ready Fitness Training maintains the right to terminate or suspend your access to the Website and App at any time, without prior notice, should you violate these Terms or for other substantial reasons at our discretion.
  • Reasons for Termination: Such reasons may include but are not limited to breaches of user conduct, illegal activities, or security concerns.

10.2 Consequences of Termination

  • Immediate Cessation of Access: In the event of termination, your right to access and use the Website and App will be revoked immediately.
  • Account Deletion: Ready Fitness Training also reserves the right to delete your account and any associated information in the case of termination.

ARTICLE 11: Indemnification

11.1 User’s Responsibility for Indemnification

  • Agreement to Indemnify: You agree to indemnify, defend, and hold harmless Ready Fitness Training, including its affiliates, officers, agents, and employees, from any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Website and App, your violation of these Terms, or your infringement or violation of any third-party rights.

ARTICLE 12: Accessibility

12.1 Ensuring Accessibility for All Users

  • Inclusive Access Commitment: Ready Fitness Training is committed to ensuring that the Website and App are accessible to individuals with disabilities, aligning with the principle of equal and inclusive access for all.
  • Continuous Improvement for Accessibility: We regularly monitor and test our platforms to ensure compliance with best practices and legal standards for accessibility.

12.2 Welcoming User Feedback

  • Encouragement of Feedback: We actively encourage and welcome feedback from our users regarding the accessibility of the Website and App.
  • Implementation of Suggestions: Suggestions for improving accessibility will be considered earnestly, and where feasible, implemented to enhance overall user experience.

ARTICLE 13: Third-Party Services and Content

13.1 Links to External Sites

  • Presence of Third-Party Links: The Website and App may feature links to websites, resources, or services that are owned and operated by third parties and are not under the control of Ready Fitness Training.
  • Purpose of Inclusion: These links are provided for your convenience to access additional information or services that may be of interest.

13.2 Disclaimer of Endorsement

  • No Endorsement or Liability: The inclusion of any third-party links does not imply endorsement, sponsorship, or approval by Ready Fitness Training of the content, policies, or practices of these external sites.
  • User Discretion Advised: You are encouraged to review the terms and privacy policies of any third-party sites you visit. Ready Fitness Training is not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are not necessarily investigated, monitored, or checked for accuracy or completeness by Ready Fitness Training.

ARTICLE 14: Changes to Services

14.1 Modification of Service Features

  • Right to Modify Services: Ready Fitness Training reserves the right, at its sole discretion, to modify, suspend, or discontinue, temporarily or permanently, any part of the Website and App, including features and functionalities, without notice to you.
  • Reasons for Changes: These changes may be due to service enhancements, user feedback implementation, legal compliance, or other operational reasons.

14.2 Communication of Changes

  • Effort to Notify: While Ready Fitness Training endeavors to provide advance notice of significant changes to its services, this may not always be possible.
  • User Responsibility to Stay Informed: It is your responsibility to regularly check the Website and App for updates or changes. Your continued use of the Website and App following any changes signifies your acceptance of those changes.

ARTICLE 15: User Feedback and Contributions

15.1 Encouraging User Participation

  • Feedback and Contributions: Ready Fitness Training values and encourages user feedback, suggestions, and contributions to improve the Website and App.
  • Use of Feedback: By submitting feedback, you grant Ready Fitness Training the right to use your ideas and suggestions without any obligation or compensation to you.

ARTICLE 16: Compliance with Export Controls

16.1 Adherence to Laws

  • Export Control Compliance: Users agree to comply with all applicable export and re-export control laws and regulations in their use of the Website and App.
  • Prohibited Use: You may not use the Website or App for any purposes prohibited by these laws, including but not limited to, nuclear, chemical, or biological weapons proliferation.

ARTICLE 17: Updates to the Website and App

17.1 Ongoing Improvements

  • Updates and Enhancements: Ready Fitness Training continuously updates and improves the Website and App for enhanced user experience and security.
  • User’s Responsibility: It is your responsibility to regularly update the App and review changes on the Website for optimal functionality and security.

ARTICLE 18: Age Restrictions

18.1 Usage by Minors

  • Age Limit: The Website and App are intended for users who are 18 years or older. Minors must have guardian consent to use the services.
  • Verification: Ready Fitness Training reserves the right to request proof of age at any time to verify compliance with this clause.

ARTICLE 19: Governing Language

19.1 Primary Language

  • Language of Terms: These Terms are governed by their English version. Any translated version is provided for convenience and may not accurately reflect the original English text.
  • Interpretation: In case of any discrepancies between the English version and any translations, the English version shall prevail.

ARTICLE 20: Miscellaneous Provisions

20.1 Severability

  • If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision will be modified to the minimum extent necessary to make it valid and enforceable, while preserving its intent as much as possible. If such modification is not possible, the provision will be severed from these Terms, but the remaining provisions will remain in full force and effect.

20.2 Entire Agreement

  • These Terms, including any legal notices and disclaimers contained on the Website and App, constitute the entire agreement between you and Ready Fitness Training regarding your use of the Website and App. They supersede all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

20.3 Waiver

  • The failure of Ready Fitness Training to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver by Ready Fitness Training of any default shall not constitute a waiver of any subsequent default.

20.4 Assignment

  • You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Ready Fitness Training. However, Ready Fitness Training may assign its rights and obligations under these Terms in whole or in part to any third party at its discretion.

20.5 Force Majeure

  • Ready Fitness Training shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Ready Fitness Training’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

20.6 Amendments

  • Ready Fitness Training reserves the right to amend these Terms at any time and without notice. By continuing to access or use the Website and App after any such amendments, you agree to be bound by the amended Terms.

20.7 Headings

  • The section headings in these Terms are for convenience only and have no legal or contractual effect.

20.8 Contact Information