Effective Date: August 30, 2017
Thank you for choosing Axcess Coaching to assist in helping meet your fitness and performance goals. Axcess Coaching is proud to partner with athletes around the world to provide customized strength and conditioning plans that are easy to access and easy to understand.
By accessing, registering for, browsing, clicking a box to signify your consent, or otherwise using the Axcess Coaching Services, you acknowledge that you have read, understood and agree to be bound by these Terms. Axcess Coaching may, at its sole discretion, revise these Terms from time to time, with the revised terms taking effect on the date of posting. Your continued use of the Axcess Coaching Services after the posting of such revisions constitutes your acceptance of the revised version of these Terms. You should review these Terms on a regular basis, as they are a legally binding agreement between you and Axcess Coaching. READ ALL OF THESE TERMS PRIOR TO ACCESSING OR USING THE AXCESS COACHING SERVICES. IF YOU DO NOT INTEND TO ACCEPT THESE TERMS OR ENTER INTO A LEGALLY BINDING AGREEMENT WITH AXCESS COACHING, YOU MAY NOT USE THE AXCESS COACHING SERVICES.
1. Eligibility for Use of the Axcess Coaching Services
2. Acknowledgment of Risks Associated with Strength and Conditioning Activities
The fitness and strength and conditioning information and recommendations provided by the Axcess Coaching Services are not intended as a substitute for medical advice from your health care provider. Axcess Coaching is not a medical organization. You acknowledge that all fitness activities, including strength training and conditioning, present inherent risk of possible physical stress and injury, and you acknowledge and agree to assume this entire risk in purchasing and using the Axcess Coaching Services. You further acknowledge that the Axcess Coaching Services and training recommendations are intended for an individual user based on specific input regarding that user and are not intended for the use of anyone besides that specific user.
You represent and warrant that you have consulted a licensed physician or doctor before using any of the Axcess Coaching Services, and any associated methods or practices, to ensure that there are no potential or foreseeable health or injury risks from your use of Axcess Coaching Services.
3. Registration and Accounts on the Axcess Coaching Services
Some portions of the Axcess Coaching Services may permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image, or photograph. You also agree to promptly notify us at email@example.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Axcess Coaching Services.
We may suspend or terminate your account and your ability to use the Axcess Coaching Services or portion thereof for failure to comply with these Terms or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
4. Purchases Through the Axcess Coaching Services
Certain features or functionality of the Axcess Coaching Services may allow you to purchase products or services. You agree to pay for all products and services provided through Axcess Coaching that are ordered through your account. You authorize Axcess Coaching to charge your credit card (or other payment instrument) for any products or services purchased and for any additional amounts (including any applicable taxes, late fees, and associated bank fees) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Axcess Coaching with a valid credit card or form of payment for all fees. All fees will be billed to the credit card you designate during the registration process. If you wish to designate a different credit card or form of payment, then you are solely responsible for changing such information online in your account setting.
All purchases made directly through a Axcess Coaching representative or through Axcess Coaching’ website are final. Please note that if you purchase a subscription through the Amazon App Store, Apple iTunes Store or the Google Play Store, the sale is final and Axcess Coaching cannot provide a refund. Your purchase will be subject to Amazon, Apple or Google’s applicable payment policy.
You acknowledge your electronic submissions constitute an agreement and an intent to be bound by and pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Axcess Coaching Services, including notices of cancellation, policies, contracts, and applications. It is your sole responsibility to review and understand all policies, content, and agreements associated with the use of the Axcess Coaching Services or any products Axcess Coaching may supply.
5. Disclaimer of Warranties
THE AXCESS COACHING SERVICES ARE PROVIDED: (1) WITH ALL FAULTS AS-IS AND AS-AVAILABLE; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; REPAIRS; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. AXCESS COACHING, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND ADVERTISERS MAKE NO WARRANTY AND HEREBY DISCLAIM, WHETHER IMPLIED OR STATUTORY, ANY WARRANTY, INCLUDING ANY WARRANTY OF TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK, IN CONNECTION WITH YOUR USE OF AXCESS COACHING SERVICES, AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING, WITHOUT LIMITATION, THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) BODILY INJURY, DEATH, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
FOR AVOIDANCE OF DOUBT, YOU AGREE THAT YOU MAY NOT RELY, AND AXCESS COACHING WILL NOT BE LIABLE FOR YOUR RELIANCE, ON ANY INFORMATION OR OPINIONS EXPRESSED ON THE AXCESS COACHING SERVICES, INCLUDING ANY DECISIONS YOU MAKE ABOUT DIAGNOSIS OR TREATMENT. ANY OPINION OR INFORMATION PRESENTED ON THE WEBSITE IS FOR YOUR CONVENIENCE ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
6. User Conduct and Usage Restrictions
By using or accessing the Axcess Coaching Services, you represent, warrant and agree that you will not:
Without limiting any of the foregoing, you may only use the Axcess Coaching Services for personal noncommercial and lawful purposes. You may not exploit any aspect of the Axcess Coaching Services for any commercial purpose without prior written and signed authorization from Axcess Coaching. You must comply with all state, local, national and international laws, rules and regulations that apply to the Axcess Coaching Services, your use of the Axcess Coaching Services, and any products or services you learn about on the Axcess Coaching Services or access through the Axcess Coaching Services, including but not limited to, any laws governing the sale, use, or promotion of medications and controlled substances.
7. Axcess Coachings’ Proprietary Rights
You acknowledge and agree that the Axcess Coaching Services and any necessary software used in connection with the Axcess Coaching Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or as authorized by Axcess Coaching or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Axcess Coaching Services or the Software, in whole or in part.
Subject to your compliance with these Terms, Axcess Coaching grants you a personal, non-transferable and non-exclusive right and license to access and use the Axcess Coaching Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Axcess Coaching Services. You agree not to access the Axcess Coaching Services by any means other than through the interface that is provided by Axcess Coaching for use in accessing the Axcess Coaching Services.
8. User Content
“User Content” is any information, graphic, text, image, software, sound file, video, communication, data, metadata, photograph, compilation, work in any form or medium, technology (whether now known or later developed) and other materials that are uploaded, submitted, posted, transmitted, modified, linked, shared, stored or otherwise made available to or on the Axcess Coaching Services by you or other users of the Axcess Coaching Services. You are responsible for all User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available to the Axcess Coaching Services. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available and that public posting and use of that User Content by us will not infringe or violate the rights of any third party in any manner.
You acknowledge and agree that we may publish, transmit, perform, display, store, distribute, reproduce, modify, re-arrange, create derivative works from, and otherwise use all or any portion of User Content for the purpose of administering the Axcess Coaching Services and carrying on the business of Axcess Coaching. You further acknowledge and agree that third parties who provide services to Axcess Coaching may have access to your User Content and use it in connection with their policies and practices and subject to any agreement they may have with Axcess Coaching.
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including on the Axcess Coaching Services and third party web sites) for any and all purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “User Content License”).
By creating User Content, you represent and warrant that the User Content conform to the User Conduct guidelines set forth in these Terms and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such User Content in all manners contemplated by these Terms (including the User Content License). These Terms (including the User Content License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to User Content.
You further acknowledge that aspects of the Axcess Coaching Services may be public and accessible by anyone who visits or uses the Axcess Coaching Services. In addition to the rights granted to us and our service providers, your use of the Axcess Coaching Services may allow other users to have access to your User Content which they might copy, modify, distribute, or rely upon even without your express permission to engage in that conduct. Further, you agree to evaluate, and bear all risks associated with, the use of any User Content, including reliance on the accuracy, completeness or usefulness of User Content and any risk that others may be able to identify you based on your User Content.
9. Right to Remove User Content or Block Access
Axcess Coaching generally does not monitor, approve or have any control over any User Content. Nevertheless, Axcess Coaching or its designees, at Axcess Coachings’ discretion, without any obligation and without notice at any time, may screen, filter, restrict, block, move, refuse, disable access to, remove, or modify User Content that does not meet the conduct guidelines described in these Terms or is otherwise objectionable. Axcess Coaching may also block your access to the Axcess Coaching Services in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate information you provide to Axcess Coaching; (c) we believe that your actions may cause financial loss or legal liability for you, Axcess Coaching users or us; or (d) we believe that blocking access is a reasonable business practice under the circumstances.
We do not guarantee that any content or information you share or access will not be removed, damaged, corrupted, lost, or unavailable. We recommend that you back up any User Content that you store or access using the Axcess Coaching Services.
10. Third Party Content and Links
Axcess Coaching may make available links to websites operated by third parties, including advertisers. Making available any link to a website does not imply endorsement by Axcess Coaching of that website or the products or services available through that website; the link may be for your reference and convenience only. Products, services, and content offered through linked websites are subject to the terms and conditions made available by those respective websites, and the data collection practices of linked websites will be governed by the respective privacy policies of those websites, not by ours. Following links to any other websites or web-based services is at your own risk, and any claims you have with respect to products, services, or content accessed through linked websites are claims against third parties, not against Axcess Coaching.
Axcess Coaching also may post or otherwise provide access to websites, materials, or content of third parties (“Third Party Content”) as a service to those that might be interested in this information. Axcess Coaching does not guarantee, endorse or adopt the accuracy, completeness, legality, or innocuousness of any Third Party Content. Axcess Coaching is not responsible for updating or reviewing Third Party Content. You access and use Third Party Content at your own risk.
You agree that Axcess Coaching is not responsible for examining or evaluating the content or accuracy, and does not warrant and will not have any liability or responsibility for any Third Party Content. You agree to not use any Third Party Content in a manner that would infringe or violate the rights of any other party and that Axcess Coaching is in no way responsible for any such use by you.
11. Access to the Axcess Coaching Services
You may use the Axcess Coaching Services if and when it is available. Features may be unavailable or the experience may not be the same for every user at all times. Axcess Coaching does not guarantee availability of any aspect of the Axcess Coaching Services or any particular feature. We reserve the right to change, remove, delete, restrict or block access to, or stop providing all or any part of the Axcess Coaching Services (including reducing available storage capacity, if any, and removing any of the content contained in the Axcess Coaching Services) at any time without notice.
You agree that we may terminate your use of the Axcess Coaching Services if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of Axcess Coaching or any third party, or for any other reason with or without notice to you.
12. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL AXCESS COACHING, OUR AFFILIATES, LICENSORS, SUPPLIERS, OR ADVERTISERS BE LIABLE FOR, AND YOU CANNOT RECOVER, ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM (a) THE USE OR THE INABILITY TO USE THE AXCESS COACHING SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE AXCESS COACHING SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE AXCESS COACHING SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AXCESS COACHING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AXCESS COACHING WILL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED FIFTY U.S. DOLLARS ($50.00). THIS IS YOUR EXCLUSIVE REMEDY. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to release, discharge, defend, indemnify and hold harmless Axcess Coaching, its parents, subsidiaries, officers, directors, employees and agents, assigns, sponsors and supporting artists, licensors and suppliers from and against any claims, actions or demands, liabilities and settlements, including, without limitation, legal and accounting fees, related to or arising out of your use in any way of the Axcess Coaching Services, including any User Content (defined below) that you provide and your violation of any of these Terms.
14. Copyrights and Claims of IP Infringement
Axcess Coaching and its licensors retain full ownership, rights and protection in all material contained on the Axcess Coaching Services (including all digital images, software, HTML code and other code, or business methods), including all intellectual property rights therein, with the exception of User Content. Except as otherwise expressly provided in these Terms, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer or sell any material contained on the Axcess Coaching Services without the prior consent of Axcess Coaching or the copyright owner.
All content of the Axcess Coaching Services is Copyright 2017 Axcess Coaching, LLC. and its licensors. All rights reserved.
Axcess Coaching respects the intellectual property rights of all third parties. If you are the owner of a United States copyright and you believe that your work has been copied on the Axcess Coaching Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the following information:
(A) a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(B) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(C) a description of where the material that you claim is infringing is located on Axcess Coaching Services;
(D) your address, telephone number, and email address;
(E) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(F) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent, P. O. Box 1323, Mount Juliet, TN 37121
By email: firstname.lastname@example.org
15. Trademark Information
All trademarks, service marks and trade names of Axcess Coaching its partners and licensors (including without limitation: Axcess Coaching, the Axcess Coaching logo, and the associated designs and logos) (collectively “Marks”) are trademarks or registered trademarks of Axcess Coaching or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Axcess Coaching Services, without Axcess Coaching prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance by Axcess Coaching.
Axcess Coaching may deliver notice to you under these Terms by means of electronic mail, a general notice on the Axcess Coaching Services, or by written communication delivered by first class U.S. mail.
You may give notice to Axcess Coaching at any time by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:
Axcess Coaching, LLC.
P. O. Box 1323
Mount Juliet, TN 37121
18. Updates to these Terms
We reserve the right to update these Terms from time to time. When we do, we will revise the “Effective Date” at the top of these Terms. We encourage you to check this page periodically for any updates. If you continue use of the Axcess Coaching Services following the posting of an updated version of these Terms, we will treat your continued use as acceptance of the updated version.
19. General Provisions
20. SPECIFIC INFORMATION AND ADDITIONAL TERMS FOR COACHES/ADMINISTRATORS:
a. The coaches, supervising party, and the affiliated school or organization (“the Responsible Parties”) agree to hold Axcess Coaching harmless from any liability from and indemnify against any losses, claims, damages, awards, penalties, or injuries from the users, athletes, students, and all other associated or prescribed parties (the “Associated Users”). The Responsible Parties acknowledge that all participation in Axcess Coachings’ strength and conditioning programs by Associated Users, including all associated exercises, movements, methods, practices, volumes, and intensities contained therein, is done under the guidance and supervision of, and at the risk to the Responsible Parties. The Responsible Parties represent and warrant that the equipment and space used for any Associated User’s participation in Axcess Coachings’ programs are well-maintained, suitable for strength and conditioning programs, and comply with all applicable safety regulations.
b. The Responsible Parties further warrant that all participating Associated Users, and their legal guardians if the participating Associated Users are under the age of 18, have agreed to use Axcess Coachings’ strength and conditioning programs in adherence with these Terms.
c. The Responsible Parties warrant that they are authorized to enter into such an agreement and agree that they shall be responsible for any Associated Users’ participation in Axcess Coachings’ strength and conditioning programs and for any associated personal injury or property damage.