IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES.
This Agreement is subject to change byMyoFire.com or MyoFire Ltd (hereinafter "MyoFire") in its sole discretion at any time, with notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
MyoFire may offer additional services or revise any of the services or pricing, at its discretion, and this Agreement will apply to all additional services or revised services. MyoFire also reserves the right to cease offering any of the Services.
1. Use of Site and Service
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
1.1. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MyoFire is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
1.2. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Registered Users through the Services.
1.3. Risk Assumption and Precautions. YOU HEREBY ACKNOWLEDGE THAT YOU, NOTMyoFire.com, ARE PERSONALLY RESPONSIBLE FOR THE CONTENT OF ALL EXERCISES PROGRAMS, ASSESSMENTS, COACHING ETC USED BY YOUR CLIENTS OR CUSTOMERS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT PHYSICAL EXERCISE IS INHERENTLY DANGEROUS AND CARRIES WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY AND PROPERTY LOSS. YOU UNDERSTAND AND AGREE THAT YOU ASSUME THE RISK OF YOUR CLIENTS USING MyoFire. YOU ARE RESPONSIBLE FOR ASSURING THAT ANYTHING YOU ASK OR RECCOMEND YOUR CLIENTS TO DO IS SAFE AND APPROPRIATE FOR THAT CLIENT. YOU ARE RESPONSIBLE FOR REVIEWING ANY VIDEOS, INSTRUCTIONS OR OTHER CONTENT PROVIDED BTMyoFire.com BEFORE MAKING IT AVAILABLE TO YOUR CLIENTS TO ENSURE IT IS CORRECT, SAFE AND SUITABLE FOR YOUR CLIENTS.
1.4. Reporting of Violations. You will promptly report to MyoFire any violation of the Agreement by others, including but not limited to Registered Users.
1.5. Content Removal. MyoFire reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services.MyoFire.com will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
1.6. Posting and Communication Restrictions. you will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
1.6.1. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
1.6.2. is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
1.6.3. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
1.6.4. contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
1.6.5. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
1.6.6. promotes or enables illegal or unlawful activities, such as violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
1.6.7. intended to defraud, swindle or deceive other users of the Services;
1.6.8. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
1.6.9. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
1.6.10. disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
1.6.11. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;
1.6.12. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
1.6.13. solicits gambling or engages in any gambling or similar activity;
1.6.14. uses scripts, bots or other automated technology to access the Site or Services;
1.6.15. uses the Site or Services for chain letter, junk mail or spam e-mails;
1.6.16. collects or solicits personal information about anyone under 18; or
1.6.17. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
1.7. No False Information. You will not provide inaccurate, misleading or false information to MyoFire or to any other user. If information provided to MyoFire or another user subsequently becomes inaccurate, misleading or false, you will promptly notify MyoFire of such change.
1.8. No Advertising or Commercial Solicitation. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to MyoFire, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to payMyoFire.com US$50 for each such unsolicited communication you send through the Services.
1.9. No Harassment of MyoFire Employees or Agents. You will not harass, annoy, intimidate or threaten any MyoFire employees or agents engaged in providing any portion of the Services to you.
2. Proprietary Rights
2.1. Ownership of Proprietary Information. You hereby acknowledge and agree that MyoFire is the owner of highly valuable proprietary information, including without limitation, the exercise instructions, and videos. MyoFire owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
2.2. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
2.3. Other Users’ Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any MyoFire or third party proprietary information available via the Services or the Site.
2.4. License to Posted Content. By posting information or content to any pages or area of the Services such as Advice, you automatically grant, and you represent and warrant that you have the right to grant, to MyoFire and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
3. User Information
3.1. Privacy Statement. For information about the collection and possible use of information and material provided by you, please click on MyoFire’s Privacy Statement located on the Site. By using the Site or the Services, you are consenting to the terms of MyoFire.com’s Privacy Statement.
3.2. Disclosure By Law. You acknowledge and agree that MyoFire may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend MyoFire’s, or a third party’s rights or property; or (3) protect someone’s health or safety.
3.3. Use of Anonymous Information for Research. By using the Services, you agree to allow MyoFire to anonymously use the information from you and your experiences through the Services to continue MyoFire’s research into successful exercise programming and to improve the Services. This research, conducted by fitness professionals and healthcare research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.
4. Content Sold Using MyoFire
4.1. You acknowledge that you are entirely responsible for the content, quality and suitability of any content you sell via PTDistinction.
4.2. You agree not to attempt to sell any content that does not fit the sales description you have provided or are in any other way not fit for purpose or do not meet the expectations of the customer.
4.3. MyoFire reserves the right to refund any client/ customer for any content you sell at any time for any reason or no reason and to charge you the full amount of that refund.
5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors
The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of MyoFire, and MyoFire is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. MyoFire provides these links to you only as a convenience, and the inclusion of any link does not imply that MyoFire endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that MyoFire will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to MyoFire with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services.
6. Disclaimer of Warranty
6.1. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MyoFire PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MyoFire DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. MyoFire DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
6.2. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by MyoFire, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. MyoFire DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN MyoFire. UNDER NO CIRCUMSTANCES WILL MyoFire BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
6.3. Beta Features. From time to time, MyoFire.com may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at MyoFire’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
7. Limitation of Liability and Indemnification
IN NO EVENT WILL MyoFire BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF MyoFire KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN CONSIDERATION OF THIS AGREEMENT, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MyoFire, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF (1) YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING CLAIMS OR DAMAGES RESULTING FROM DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY OR PROPERTY DAMAGE, MEDICAL OR ECONOMIC LOSSES; (2) ANY USER POSTINGS MADE BY YOU; (3) YOUR VIOLATION OF ANY TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY; OR (4) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. MyoFire RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH MyoFire IN ASSERTING ANY AVAILABLE DEFENSES. THIS AGREEMENT SHALL BE BINDING UPON YOUR HEIRS, ASSIGNEES, SUCCESSORS AND PERSONAL REPRESENTATIVES. YOU HEREBY FURTHER STATE THAT YOU CURRENTLY SUFFER FROM NO PHYSICAL OR MENTAL CONDITION THAT WOULD IMPAIR YOUR ABILITY TO FULLY PARTICIPATE IN THIS AGREEMENT.
8. Communication and Privacy
We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services.
9. Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or MyoFire may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. MyoFire reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to MyoFire by you will be nonrefundable and all outstanding or pending payments will immediately be due.
10.1 In order to provide continuous service, MyoFire automatically renews all paid memberships for Services before such memberships expire. Such renewals are generally for the same duration as the original membership term. For example, a 1-month membership will renew on a monthly basis, a 12-month membership will renew on a 12-month basis, and so on. In addition, MyoFire sometimes offers special promotions that have renewal periods of different duration than the original membership term. MyoFire always communicates renewal periods to you upon confirmation of your membership and in the body of any special promotions that have renewal periods of different duration than the original membership term. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals.
10.2 Any extra usage charges (Eg. Use of extra client accounts or blocks of client accounts) will be added to your subscription charges according to your usage. You agree that you understand what these charges may be and that you are soley responsible for your usage and that MyoFire has no requirement or responsibility to notify you of any events that may affect the usage charges added to your subscription or account.
11. Free Trial
12.1 You can cancel your subscription at any time. After cancellation you will still have access to the software until the end of your current subscription period but your subscription will not be renewed.
13.1. Refunds will be given for the current subscription period if you cancel during that period without logging in to the software during that subscription period. This includes charges made if you have forgotten to cancel before the end of a free trial on condition that you cancel within one subscription period of the free trial ending and have not used the product since the end of the trial.
13.2. We will assess refund or credit requests not covered in 13.1 on their own merits considering the digital nature of the product and the trial period that was available before purchase. There is generally no obligation to provide a refund or credit if you have a) Not used the product. Or b) Changed your mind about using the product.
14. Client's information
14.1. You confirm that you have been given permission from any client's or other third parties to give us any information concerning them before you do so.
14.2. You are responsible for ensuring your clients read and accept our terms and privacy statement before they use the site.
15. Our Guarantee
15.1. We agree to refund your first 6 months subscription payments if you can prove that you have made an income of less than 10 x your average monthly subscription payment over this period from your online personal training clients and that you have put into action each step of the PTD Online Trainer Success Map course as described in the course.
15.2. It is up to you to show us how you have put into action the steps provided in the PTD Online Trainer Success Map. We will judge at our discretion if you have follwed the steps adequately.
15.3. Unless you provide reciepts for payments from each of your active online personal training clients we will assume that you have recieved $250 USD per client per month when comparing your income with your subscription costs.
15.4. Issuing of a refund made under the conditions of this guarantee is soley at our discretion.
16. General Provisions
16.1. Controlling Law and Jurisdiction. You agree that New York State (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the British courts. You acknowledge and agree that any violation of this Agreement may cause MyoFire irreparable harm, and therefore agree that MyoFire will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that MyoFire may have for a breach of this Agreement.
16.2. Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Statement, and any applicable payment, renewal, Additional Services terms, comprise the entire agreement between you andMyoFire.com regarding the use of this Service, superseding any prior agreements between you and MyoFire related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of PEAK to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
17. Revision Date
This Agreement was last revised on 6 June 2019.