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TERMS & CONDITIONS
Introduction
Welcome to Ready Fitness Training (“Website”), a digital platform owned and operated by Ready Fitness Training (“Company”, “we”, “us”, “our”). The following Terms and Conditions (“Terms”, “Agreement”) constitute a legally binding agreement between you (“User”, “you”, “your”) and the Company regarding your access to and use of the Website located at Ready Fitness Training. By accessing, browsing, or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept these Terms in their entirety, you must not access or use the Website.
ARTICLE 1: USE OF THE WEBSITE
1.1 Access and Use
1.1.1 Conditional Authorization
- Grant of License: Subject to your compliance with these Terms, the Company hereby grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial purposes
- Restrictions: This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
1.1.2 Acceptable Use Policy
- Prohibited Conduct: You agree not to use the Website in any manner that could damage, disable, overburden, or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
1.2 Registration and Account Security
- User Registration: To access certain features of the Website, you may be asked to complete a registration process and establish a user account (“Account”). You represent and warrant that all information provided by you during the registration process is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a continual basis.
- Password Confidentiality: As a registered user, you agree to maintain the confidentiality of your user identification and password and are responsible for all activity that occurs under your Account.
1.2.2 Responsibility for Account Activities
- Account Liability: You accept full responsibility for any and all use of your Account, whether authorized by you or not. You agree to notify the Company immediately of any unauthorized use of your Account or any other breach of security.
- Indemnification for Account Misuse: You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, agents, and employees from any claim, demand, loss, damage, or expense arising from your failure to comply with this section.
ARTICLE 2: INTELLECTUAL PROPERTY RIGHTS
2.1 Ownership of Content
2.1.1 Proprietary Rights
- Ownership and Protection: All content available on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ready Fitness Training, its affiliates, or its content suppliers and is protected by international copyright and intellectual property laws and treaties.
- Intellectual Property Claims: The Company respects the intellectual property rights of others and expects users to do the same.
2.1.2 Copyright Infringement
- Notification of Infringement: If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us following the procedures set forth in our Copyright Infringement Policy.
2.2 Restrictions
2.2.1 Use of Website Content
- Limited Use: Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
- Prohibited Actions: You may not copy, reproduce, redistribute, republish, download, display, post, or transmit any part of the content in any form or by any means without the prior written consent of Ready Fitness Training.
ARTICLE 3: USER-GENERATED CONTENT
3.1 User Responsibility
3.1.1 Content Standards and Compliance
- Compliance with Laws: Users must ensure that their content complies with applicable laws, regulations, and these Terms. Content must not infringe upon any intellectual property right, proprietary right, privacy right, or other rights of third parties.
- User Liability: Users assume all risks associated with their content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information disclosure.
3.2 Rights Granted
3.2.1 Grant of License
- Scope of License: By submitting, posting, or displaying content on or through the Website, you grant Ready Fitness Training a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (now known or later developed).
- Moral Rights: You retain all of your ownership rights in your content. However, by submitting content to Ready Fitness Training, you hereby waive any claims that any use by Ready Fitness Training and its users of your content violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Ready Fitness Training uses such content.
ARTICLE 4: PROHIBITED CONDUCT
4.1 Unacceptable Activities
4.1.1 Prohibited Actions
- Illegal Activities: You are prohibited from using the Website for any unlawful purpose, including but not limited to fraud, theft, harassment, or advocating or engaging in any illegal activity.
- Interference with Operations: Engaging in any activity that disrupts or interferes with the Website, including its servers and networks connected to the Website, is strictly prohibited.
- Harmful Actions: The introduction of viruses, trojan horses, worms, or any other malicious software intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information is forbidden.
- Unauthorized Access: Attempting to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, or any Company services, by hacking, password mining, or any other illegitimate means, is expressly prohibited.
- Spamming and Unsolicited Communications: You may not use the Website to send spam or unsolicited communications to other users or third parties.
ARTICLE 5: DISCLAIMER OF WARRANTIES
5.1 “As Is” and “As Available” Basis
5.1.1 No Express or Implied Warranties
- Absence of Warranties: The Website and all information, content, materials, products, and services included on or otherwise made available to you through the Website are provided by Ready Fitness Training on an “as is” and “as available” basis, unless otherwise specified in writing.
- Exclusion of Warranties: Ready Fitness Training makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, products, or services included on or otherwise made available to you through the Website, unless otherwise specified in writing. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
5.1.2 No Warranty of Uninterrupted Use
- Availability and Continuity: Ready Fitness Training does not warrant that the Website, its servers, or electronic communications sent from Ready Fitness Training are free of viruses or other harmful components. Furthermore, we do not guarantee continuous, uninterrupted, or secure access to our Website, as the operation of the Website may be interfered with by numerous factors outside of our control.
ARTICLE 6: LIMITATION OF LIABILITY
6.1 Scope of Liability
6.1.1 Exclusion of Certain Damages
- Limitation of Liability: To the fullest extent permitted by applicable law, in no event will Ready Fitness Training, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
6.1.2 Cap on Liability
- Maximum Liability: In no event will Ready Fitness Training’s aggregate liability for all claims relating to the Website exceed the greater of $100 USD or the amount you paid Ready Fitness Training, if any, in the last 12 months.
ARTICLE 7: INDEMNIFICATION
7.1 Indemnity Agreement
7.1.1 User’s Indemnification Obligations
- Indemnification by User: You agree to defend, indemnify, and hold harmless Ready Fitness Training and its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any and all claims, charges, complaints, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to your use of the Website, including, but not limited to, any claims alleging facts that, if true, would constitute a breach by you of these Terms.
7.1.2 Scope of Indemnification
- Coverage of Indemnification: This indemnification obligation includes, but is not limited to, any legal or equitable claims, demands, liabilities, expenses, damages, and costs, including reasonable legal fees, resulting from any violation of these Terms and Conditions, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
ARTICLE 8: MODIFICATION AND TERMINATION
8.1 Right to Modify
8.1.1 Amendments to Terms and Website
- Reservation of Rights: Ready Fitness Training reserves the right, at its sole discretion, to revise, change, modify, add, or remove portions of these Terms at any time by posting the amended Terms on the Website.
- Notice of Changes: Although we will endeavor to provide prior notice of substantial changes, it is your responsibility to check the Terms periodically for changes.
- Website Modification or Discontinuation: Ready Fitness Training also reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice at any time. You agree that Ready Fitness Training will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.
ARTICLE 9: GOVERNING LAW
9.1 Jurisdiction
9.1.1 Applicability of Law
- Governing Law: These Terms and your use of the Website will be governed by and construed in accordance with the laws of the jurisdiction in which Ready Fitness Training operates, without giving effect to any principles of conflicts of law.
- Jurisdictional Compliance: You agree to comply with all local, state, national, and international laws and regulations applicable to your use of the Website.
ARTICLE 10: DISPUTE RESOLUTION
10.1 Arbitration
10.1.1 Mandatory Arbitration Agreement
- Arbitration Requirement: You agree that any dispute, claim, or controversy arising out of or relating to your use of the Website or these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in the jurisdiction where Ready Fitness Training operates, rather than in court.
- Arbitration Process: The arbitration shall be conducted by a single, neutral arbitrator, and in accordance with the rules of the jurisdiction in which Ready Fitness Training operates.
- Waiver of Jury Trial: By using the Website and agreeing to arbitration, you acknowledge that you are giving up the right to litigate disputes in a court or to have a jury trial.
10.1.2 Exceptions to Arbitration
- Limited Exceptions: Notwithstanding the foregoing, you and Ready Fitness Training agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our rights to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
ARTICLE 11: PRIVACY POLICY
11.1 Incorporation of Privacy Policy
11.1.1 Acceptance of Privacy Policy
- Integral Part of Terms: The Privacy Policy available on Ready Fitness Training forms an integral part of these Terms. By accepting these Terms, you expressly consent to the data practices described in the Privacy Policy.
- Scope of Policy: The Privacy Policy outlines how Ready Fitness Training collects, uses, discloses, and safeguards your personal information when you use our Website.
11.1.2 Consistency with Privacy Policy
- Conformity with Policy: You acknowledge and agree that your use of the Website is subject to, and you will comply with, the privacy practices set forth in our Privacy Policy.
ARTICLE 12: USER SUBMISSIONS AND CONDUCT
12.1 Responsibility for Submissions
12.1.1 Liability for User-Generated Content
- User Accountability: As a user, you are responsible for any content, including text, images, video, and other material that you create, upload, post, send, receive, or store on or through our Website.
- Accuracy and Legality: You agree to ensure the legality, reliability, and accuracy of your submissions and that they do not violate the rights of any third party or any applicable laws.
12.2 Prohibited Content
12.2.1 Content Standards
- Prohibition of Inappropriate Content: You must not post, upload, or transmit any content that is defamatory, libelous, obscene, pornographic, abusive, offensive, illegal, or otherwise objectionable or that infringes any intellectual property or other rights of any third party.
- Respect for Third-Party Rights: Content that violates or infringes upon the intellectual property rights, privacy rights, or other proprietary rights of any third party is strictly prohibited.
12.2.2 Enforcement and Removal
- Right to Remove or Restrict: Ready Fitness Training reserves the right, but is not obligated, to review, monitor, or remove user-generated content at our sole discretion and at any time, without notice, for any reason, including content that we determine violates these Terms.
ARTICLE 13: THIRD-PARTY LINKS AND SERVICES
13.1 External Links
13.1.1 Links to Third-Party Websites
- Third-Party Content: The Website may contain links to websites, services, and advertisements that are not owned, controlled, or operated by Ready Fitness Training. These links are provided for your convenience and information.
- Disclaimer of Endorsement: The inclusion of any link to third-party sites does not imply endorsement, sponsorship, or recommendation by Ready Fitness Training of the linked website. You acknowledge and agree that Ready Fitness Training is not responsible for the availability of such external sites and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites.
13.1.2 User Risk
- Assumption of Risk: You acknowledge and agree that your use of any third-party websites and resources is at your own risk and subject to the terms and conditions of use for such sites and resources.
ARTICLE 14: MODIFICATIONS TO THE SERVICE
14.1 Service Changes
14.1.1 Right to Modify or Discontinue Service
- Modification Rights: Ready Fitness Training reserves the right at any time to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Ready Fitness Training shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
14.1.2 Notice of Changes
- Notification of Changes: Whenever feasible, Ready Fitness Training will aim to provide advance notice of significant changes to the Service but cannot guarantee prior notice in all cases.
ARTICLE 15: TERMINATION
15.1 Account Termination
15.1.1 Termination by Ready Fitness Training
- Right to Terminate: Ready Fitness Training may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms and Conditions.
- Discretion of Termination: Such termination or suspension will be in Ready Fitness Training’s sole discretion and may occur without explanation.
15.1.2 Consequences of Termination
- Effect of Termination: Upon termination or suspension, your right to use the Service will immediately cease. If your account is terminated, Ready Fitness Training may delete your account and any content or data associated with it.
ARTICLE 16: FEEDBACK AND SUGGESTIONS
16.1 Submission of Feedback
16.1.1 Encouragement of Feedback
- Invitation for Feedback: Ready Fitness Training welcomes and encourages feedback, comments, and suggestions for improvements to the Website (“Feedback”). You may submit Feedback by contacting us at info@Ready Fitness Training
16.1.2 Use of Feedback
- Rights to Feedback: You acknowledge and agree that all Feedback you give to us will be the sole and exclusive property of Ready Fitness Training. You hereby irrevocably assign to Ready Fitness Training all of your right, title, and interest in and to all Feedback, including without limitation all worldwide intellectual property rights therein.
ARTICLE 17: CONFIDENTIALITY
17.1 Confidential Information
17.1.1 Obligation of Confidentiality
- Definition of Confidential Information: For purposes of these Terms, “Confidential Information” includes any data or information, oral or written, disclosed by Ready Fitness Training that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances surrounding its disclosure.
- Non-Disclosure: You agree not to use any Confidential Information disclosed to you by Ready Fitness Training for your own use or for any purpose other than as necessary and within the scope of your use of the Service. You also agree to take all reasonable steps to protect Confidential Information from unauthorized use, disclosure, or dissemination.
ARTICLE 18: SEVERABILITY
18.1 Enforceability of Provisions
18.1.1 Severability of Terms
- Severability Clause: If any provision of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms, but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid, or unenforceable provision or part thereof with a provision or part thereof that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid, or unenforceable provision or part thereof, given the contents and purpose of these Terms.