Terms of Service​

Throughout these Terms of Service, the terms “we,” “us,” and “our” refer to Personal Training Profits or PersonalTrainingProfits.net. We offer access to the website, which includes all subsites, information, photos, videos, tools, purchases of goods, purchases of services, and all other items available from this website (“Products and Services”), to you, the user, (referred to as “you” or “your”) conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. If your access or use of our website on behalf of a business, trust, partnership, or other legal entity, then: “you” and “your” shall include you, personally, and that business, trust, partnership, or other legal entity; you represent and warrant that you, personally, are an authorized representative of the business, trust, partnership, or other legal entity with the authority to bind the business, trust, partnership, or other legal entity to these Terms and that you agree to these Terms on the business, trust, partnership, or other legal entity’s behalf;  and the business, trust, partnership, or other legal entity is legally and financially responsible for your access or use of the website as well as for the access or use of your account by others affiliated with your business, trust, partnership, or other legal entity including, but not limited to any employees, agents or contractors.

By accessing or using the website or purchasing Products or Services, you agree to be bound by the following Terms of Service (“Terms”), including those additional Terms of Service and policies referenced herein and/or available by hyperlink. These Terms apply to everyone that uses or accesses the website. Please read these Terms carefully before accessing or using our website.

We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.

BY ACCESSING AND/OR USING THE PERSONAL TRAINING PROFITS WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU:

1. ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR YOUR PARENT OR LEGAL GUARDIAN HAS CONSENTED TO THESE TERMS OF SERVICE ON YOUR BEHALF;

2. ARE AUTHORIZED TO BIND THE PARTY DESIGNATED HEREAFTER AS “YOU”;

3. READ THESE TERMS OF SERVICE; and,

4. AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO ACCESS AND/OR USE OUR SERVICES.

READ THESE TERMS CAREFULLY

1. BINDING AGREEMENT. By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or country of residence. If you are under age eighteen (18), you may only use the website or make purchases with the consent of your parent or legal guardian, and your parent or legal guardian must agree to be bound by these Terms. The terms “you” and “your” include a minor’s parent or legal guardian. You may not use the website or make purchases for any illegal or unauthorized purpose nor may you, in the access or use the website or make purchases, that violate any laws in your jurisdiction. A breach or violation of any of the Terms may result in an immediate termination of your right to use the website or make purchases. We reserve the right to terminate your right to use the website or make purchases to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, lease, sell, resell, or exploit any portion of the website or your purchases without our express written permission. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

2. PRODUCTS AND SERVICES. License and permitted use (Digital Products). When you purchase a digital product (including any e-book, PDF, workbook, template, or related files), you receive a limited, non-exclusive, non-transferable, revocable license to download and use it for your personal use or internal business use. You may not copy, reproduce, modify, publish, upload, post, distribute, share, sublicense, sell, resell, rent, lend, or otherwise make the product available to any third party, including by email, file sharing, or posting in any group, forum, or online library. Unauthorized distribution or sharing may result in termination of access, may violate copyright law, and may result in legal action.

3. PAYMENT TERMS. Payment in full is due before Services will be performed or Products will be shipped and/or delivered unless payment terms are modified by us in writing. By providing us with your payment information, you authorize us to charge your payment account. You assume all risks of loss associated with your payment method, the transmission of your payment method to us, and the storage of your payment method by us.

THIRD-PARTY PAYMENT PROCESSOR. Purchases may be processed through a third-party platform (for example, Gumroad). Their terms and privacy practices may also apply to checkout and delivery.

4. BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

5. DIGITAL DELIVERY. Digital products are delivered electronically (for example, via download link or email). No physical shipping applies unless a product is clearly marked as physical.

6. REFUND POLICY. All purchases are subject to our Refund Policy (click here for details).

. 7. INTELLECTUAL PROPERTY. Except as specifically set forth herein, we retain all right, title, and interest, including all intellectual property rights, relating to, or embodied in the website and all content related thereto. You can only use our copyrights, trademarks, or service marks with our express and prior written permission.

8. PROHIBITED USES. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the website, Products or Services: (a) to propose, promote, or engage in any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, bully, antagonize, defraud, abuse, threaten, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious or tracking code, including, but not limited to, Trojan horses, worms, time bombs, cancel bots, corrupted files, or tracking scripts that will or may be used in any way that will collect User data, affect the functionality or operation of the Service, affect the functionality or operation of any related website, linked websites, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any illegal obscene or immoral purpose; (j) if you are legally incompetent or do not agree to these Terms; (k) to reverse-engineer, modify, decompile, disassemble, translate, or otherwise attempt to derive or view source code from any part of the Services or systems operated by us; (l) to harvest or otherwise collect information about others, including e-mail addresses, without our express consent; (m) to interfere with another’s privacy, use, and enjoyment of the website or otherwise use the website in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt the website or any networks or systems connected to the website; (n) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet; (o) to attempt to gain unauthorized access to the website other accounts, computer systems connected to the website, or networks connected to the website, through password mining or any other means; (p) infringe upon or upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity); (q) falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded; or, (r) contribute any material that we deem objectionable, in our sole discretion. We reserve the right to terminate your use of the website or refuse to sell you Products or Services, without notice, for violating any of the prohibited uses.

9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. We DO NOT OFFER, AND WE DO NOT MAKE ANY OTHER EXPRESS OR IMPLIED WARRANTIES. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE, PRODUCTS OR SERVICES IS LAWFULL IN ANY PARTICULAR JURISTRICTION, except as expressly stated otherwise herein, the website, INFORMATION PROVIDE FOR THEREIN, PRODUCTS and Services are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. ACTUAL COLORS OF PRODUCTS MAY DIFFER FROM COLORS VIEWED ON YOUR COMPUTER MONITOR. In no event shall we, our officers, members, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury (including but not limited to property damage, bodily injury, or death), loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, bodily injury, death, replacement costs, or any other damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the website, PRODUCTS or Services. under no circumstances whatsoever shall we be liable to you for monetary compensation in an amount greater than the amount you paid to us for PRODUCTS or services. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

10. By accessing or using the website, PRODUCTS, or SERVICES, you agree to indemnify, protect, defend and hold harmless us, our subsidiaries, affiliates and divisions, and their respective members, officers, employees, agents and representatives from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys’ fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses arising from or connected with your use of the website, PRODUCTS, or SERVICES; any payment methods used by you; and any funding of your account.

11. THIRD-PARTY LINKS AND TOOLS. Certain content, products, and services available via our website may include materials from third parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools. Any use by you of tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

12. If, at our request, you send submissions or without a request from us you send creative ideas, suggestions, proposals, plans, designs, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any submissions that you forward to us. We are and shall be under no obligation (1) to maintain any submissions in confidence; (2) to pay compensation for any submissions; or (3) to respond to any submissions. You agree that your submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your submissions will not contain any computer virus or other malware that could in any way affect the operation of the website.

13. In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

14. Your obligations and liabilities pursuant to these Terms shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

15. CHANGES TO TERMS OF SERVICE. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

16. Questions about the Terms should be sent to: Personal Training Profits (click to Contact us).

17. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION. We strive to keep the information on this website accurate and up to date, but we do not guarantee it in every instance. The content is provided for general informational and educational purposes only. You should evaluate the information for your situation and consult primary sources or qualified professionals when needed. Any reliance on the material on this website is at your own risk. Historical information may appear on this website and is provided for reference only. We may change content at any time without notice and have no obligation to update it. You are responsible for monitoring changes to our website.

18. MODIFICATIONS TO THE SERVICE AND PRICES. Prices for our Products and Services are subject to change without notice. We reserve the right at any time to modify or discontinue the website, Products or Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the website, Products or Services.

19. Your submission of personal information through the store is governed by our Privacy Policy (click here for details).

20. GOVERNING LAW. These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Ohio. You agree to submit any controversy arising from these Terms to the jurisdiction of the state and federal courts located in Montgomery County, Ohio. In the event litigation is initiated by us or you, and we prevail, you agree to pay our litigation and collection expenses, including, but not limited to court costs and attorney fees.

21. UNFORESEEN DELAYS. Personal Training Profits usually fulfills orders as soon as possible and without delays however, delays are sometimes possible, unfortunately and are beyond our control. 

22. In the event these Terms conflict with any other policy, these Terms shall govern.

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