Terms of Service
Last Update September 6, 2019
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 by MyoFire.com or MyoFire Ltd (hereinafter “MyoFire”) in its sole discretion at any time, with notice by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made.
Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions.
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.
- Use of Site and Service
These Terms of Service (“Terms”) govern your use and access of the website (the “Site”), any mobile applications (each an “App”), and any features, products, equipment or services provided or otherwise made available on or through our Site or Apps. These Terms are a binding legal agreement between you and MyoFire. In these Terms, “You” and “your” refer to you, a fitness trainer, coach, or provider of exercise information, advice or consultation on the MyoFire Service.
PLEASE BE AWARE THAT THESE TERMS INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT REQUIRES YOU TO SUBMIT TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE SEE SECTION 11 BELOW.
You acknowledge that you have read, understood, and accept these Terms and any additional documents or policies referred to in or incorporated into these Terms, whether you are participating as a guest or as a registered user.
You represent and warrant that you are at least 18 years of age (or the age of legal majority in your jurisdiction of residence) and have the right, authority, and capacity to enter into these Terms, on behalf of yourself or another person that you represent; and
You consent to receive communications from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing.
As a user of the Site or a user registered to use any of the Services, 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, NOT MYOFIRE, ARE PERSONALLY RESPONSIBLE FOR THE CONTENT OF ALL EXERCISE 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 ANY CLIENT TO DO IS SAFE AND APPROPRIATE FOR THAT CLIENT. YOU ARE RESPONSIBLE FOR REVIEWING ANY VIDEOS, INSTRUCTIONS OR OTHER CONTENT PROVIDED BY MyoFire.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 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 pay MyoFire.com $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.
1.10. You agree not to violate any applicable national, regional, federal, state, local, or international law or regulation.
2.1. “Content” means text, graphics, images, photos, music, audio, video, location data, and all other forms of data, information or communication.
2.2. “Your Content” means Content that you submit or transmit to, through, or in connection with the MyoFire Service that you publicly display or displayed in your account profile. Content includes original music and video you create.
2.3. “Member Content” means Content that Members submit or transmit to, through, or in connection with the MyoFire Service.
2.4. “Third-Party Content” means Content that originates from parties other than MyoFire or its Members, which is made available in connection with the MyoFire Service.
2.5. “Application Content” means all of the Content that is made available in connection with the MyoFire Service, including Your Content, Member Content, Third-Party Content, and MyoFire Content.
2.6. Responsibility for Your Content and Member Content. Our goal is to provide helpful and accurate information on the MyoFire Service, but we make no endorsement, representation or warranty of any kind about any Content, information, or recommendations provided or made available through the MyoFire Service, unless otherwise stated in these Terms. We are not responsible or liable to any third-party for the content or accuracy of any materials posted by you or any other Member of the MyoFIre Service. You understand and acknowledge that you alone are responsible for Your Content, and you, not MyoFire, assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in Your Content that makes you or anyone else personally identifiable. You represent that you own or have the necessary rights, consents, and permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by MyoFire.
You represent and warrant that Your Content will comply with the following MyoFIre community guidelines and does not violate this Section of these Terms:
2.7. Be respectful of the opinions of others. Even though you might not agree with another Member, an instructor or other User of the MyoFIre Service, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
2.8. In accordance with applicable copyright law and the Digital Millennium Copyright Act (DMCA) and other applicable law, in appropriate circumstances and in our sole discretion, we may terminate the rights of any user to use the Site and/or Services (or any part thereof) who infringes the intellectual property rights of others.
2.9. You understand that MyoFire is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of MyoFire. We cannot review everything that is posted to the MyoFIre Service, and any content and/or opinions uploaded, expressed, or submitted to the MyoFire Service, and all Content other than the Content officially provided by MyoFIre, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of MyoFire. We do not endorse any Content submitted to the MyoFIre Service by any Member or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaims any and all liability in connection with such Content.
2.10. You acknowledge that you are entirely responsible for the content, quality and suitability of any content you sell on through MyoFire services.
2.11. 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.
2.12. 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.
- Our Right to Use Your Content.
3.1 Proprietary and exclusive rights. You hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Your content includes but is not limited to original music lyrics and compsoition, video, and photographs created by you. Pursuant to this grant, you agree that we may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. Please note that you also irrevocably grant the users of the MyoFire Service the right to access Your Content in connection with their use of the MyoFire Service. Finally, you irrevocably waive, and cause to be waived, against MyoFire and its users any claims and assertions of moral right or attribution with respect to Your Content. By “use” we mean use, make, have made, sell, offer for sale, import, practice, copy, publicly perform and display, reproduce, perform, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. We are not and shall not be under any obligation, except as otherwise expressly set forth in these Terms or our other policies, (1) to maintain Your Content or any Member Content in confidence; (2) to pay you any compensation for any Member Content; (3) to credit or acknowledge you for Your Content; (4) to respond to Your Content or any Member Content; or (5) to exercise any of the rights granted herein with respect to Your Content.
3.2 No Use of Confidential Information. You hereby acknowledge and agree that MyoFire retains all proprietary rights in the Services and the Site, including but not limited to, all 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.
3.3. 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.
3.4. License to Posted Content. By posting information or content to any pages or area of the Service, 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
4.1. The MyoFire name, logo and all related names, logos, taglines, product and service names, designs, and slogans are trademarks of MyoFire or its affiliates or licensors. You may not use these names without the prior written consent of MyoFire. All other names, brands, and marks that may appear on the MyoFire Service remain the property of their respective owners and appear here for identification purposes only.
- Links to Third-Party Sites and Services.
5.1. The MyoFire Service and Member posts may contain hyperlinks to other websites, applications, products or services (“Third-Party Services”). If there are Third-Party Services linked to on the MyoFire Service, either by MyoFire or by you, these links are provided only for the convenience of our Users and Members. We have no control over the contents of Third-Party Services, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. 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.
- No Guarantee of Service.
6.1. Although we hope to make the MyoFire Service available at all times in the future, there may be times when we need to disable the Site or Service either temporarily or permanently. The MyoFire Service may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. MyoFIre will not be liable if all or any part of the MyoFire Service is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts or all of the MyoFire Service to users, including registered users. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the MyoFire Service.
- User Information
7.1. 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.
7.2. 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.
7.3. 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.
- Disclaimer of Warranties.
8.1. 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.
8.2. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS, CONTENT AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE MYOFIRE SERVICE. YOU FURTHER WAIVE AND HOLD HARMLESS MYOFIRE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MYOFIRE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MYOFIRE OR LAW ENFORCEMENT AUTHORITIES.
8.3. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL MYOFIRE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE MYOFIRE SERVICE, WHETHER OR NOT MYOFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR MEMBERS OF THE MYOFIRE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THE MYOFIRE SERVICE.
TTHE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
9.1. As a necessary condition of your use of the MyoFire Service, you agree to be responsible for the consequences flowing from your use of the MyoFIre Service and any violation of these Terms. Therefore, you hereby agree to defend, indemnify, and hold harmless MyoFire, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the MyoFire Service, including, without limitation, (i) any access to or use of the Site, MyoFire Service, and any related products, services, or materials other than as expressly authorized in these Terms or your use of any information obtained from the MyoFire, (ii) Your Content, (iii) your violation or breach of any provision of these Terms, (iv) your violation of any third party rights, including without limitation intellectual property or privacy rights, (v) your or your users’ violation of law, (vi) your use of any services provided by third party service providers, or (vii) any breach of any of your representations and warranties.
- Governing Law
10.1. 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 New York 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.
- Dispute Resolution, Arbitration and Class Action Waiver.
11.1. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MyoFire. For any dispute with MyoFire, you agree to first contact us and attempt to resolve the dispute with us informally.
11.2. Arbitration. In the unlikely event that MyoFire has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. If you are using the MyoFire Service for commercial purposes, each party will be responsible for paying any arbitration filing, administrative and arbitrator fees in accordance with appliocable rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Nothing in this Section shall be deemed as preventing MyoFire from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
12.2. We may suspend your ability to use certain portions of the MyoFire Service, deactivate your account and/or ban you altogether from the MyoFire Service for any or no reason, and without notice or liability of any kind. We reserve the right to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Any such action could prevent you from accessing your account, the MyoFIre Service, Your Content, or any other related information. Upon any termination, we may delete Your Content and other information related to your account.
12.3. These Terms will survive any discontinuation, cancellation or termination pursuant to this Section 12, whether by you or us, including without limitation our right to use Your Content as detailed in Section 3.
12.4. You agree that at no time during the term of your relationship, work and service with MyoFirey will you engage in any business activity which is competitive with MyoFire nor work for any company which competes with MyoFIre.
12.5. For a period of one (1) year immediately following the termination of your work with MyoFire, You will not, for yourself or on behalf of any other person or business enterprise, engage in any business activity which competes with MyoFIre.
12.6. During the term of your work, and for a period of one (1) year immediately thereafter, You agree not to solicit any employee or independent contractor of MyoFire on behalf of any other business enterprise, nor shall you induce any employee or independent contractor associated with MyoFire to terminate or breach an employment, contractual or other relationship with the Company.
12.7. For a period of one (1) year following the termination of your relationship with MyoFire, You shall not, directly or indirectly, disclose to any person, firm or corporation the names or addresses of any of the customers or clients of the MyoFIre or any other information pertaining to them. Neither shall you call on, solicit, take away, or attempt to call on, solicit, or take away any customer of MyoFire on whom You have called or with whom You became acquainted during the term of your relationship, as the direct or indirect result of your time with MyoFire.
12.8. Talent hold option. For a period of one (1) year following the termination of your relationship with MyoFire, You agree to be exclusively available to MyoFIre to participate in any future programs or services. During this period, you shall not participate in any training or exercise programs or provide services for a competing entity, company, or service. In consideration of this talent hold option, MyoFire, will not charge you for the cost of producing your programs and promoting you on the service. MyoFire will provide you with a current brochure listing its production and promotion charges.
12.9. If during the Talent Hold Option you receive an offer from a competing service, you shall, prior to accepting any such offer, give prompt written notice to MyoFire with a description of the services to be rendered and the date of employment. MyoFire shall then have seven (7) business days within in which to exercise the talent hold option, and thereby preempt your acceptance of such offer.
12.10. Severable Provisions. The provisions of this Agreement are severable, and if any one or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions and any partially unenforceable provisions to the extent enforceable shall nevertheless be binding and enforceable.
12.10. Injunctive Relief. You hereby acknowledge (1) that MyoFire will suffer irreparable harm if You breach your obligations under this Agreement; and (2) that monetary damages will be inadequate to compensate the Company for such a breach. Therefore, if You breach any of such provisions, then MyoFire shall be entitled to injunctive relief, in addition to any other remedies at law or equity, to enforce such provisions.
- General Terms.
13.1. These Terms constitute the sole and entire agreement between you and MyoFire with respect to the MyoFire Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the MyoFire Service.
13.2. No waiver of these Terms by MyoFIre shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of MyoFire to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
13.3. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
13.4. The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with MyoFire’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
13.5. 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.
13.6. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
14. Trainer finance.
Trainer fee is 79.99/mo. Revenue share begins after 5 clients joins using trainer code.
Trainer will receive 50% revenue of individual trainer program* fees for all subsequent users using their individual code less transaction fees. Proceeds will be distributed after $500 in proceeds have accrued. Trainers that lapse in monthly payment will forfeit that amount from their accrued proceeds. Trainer account will be suspended after 90 days of non payment and forfeit any continuing revenue from users that have joined with their individual code. Trainer will receive an additional 20% of user monthly fees from users that upgrade to complete access.
Trainers may terminate agreement but will forfeit all video content produced by MyoFire to MyoFire for continued use in perpetuity. Or, trainer can choose to solely own said footage by paying all production and post production fees associated with its creation. A separate rider will be provided outlining fees. Trainer will be made aware of all costs prior to production.