Version Date: September 1, 2018
Welcome to the Professor Project Website website, which is owned and maintained by The Professor Project, an online membership platform (the “Company”). The Company provides Users ages 13 and above with access to fitness training and coaching related information in a collaborative fashion. YOU MUST BE 13 OR OLDER to use this site. By doing so, you agree, without limitation or qualification, to be bound by, and to comply with this Agreement and any other posted guidelines or rules applicable to any feature or service provided by the Company. Please do not use anything provided by the Company if you don’t agree to any part of this Agreement.
IF YOU ARE AGE 13-17, PLEASE READ THIS USER AGREEMENT TOGETHER WITH YOUR PARENT OR GUARDIAN. YOUR PARENT OR GUARDIAN MUST AGREE TO THESE TERMS ON YOUR BEHALF. BY USING OUR SITE YOU AGREE, AND YOUR PARENT OR GUARDIAN AGREES, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY, AND TO COMPLY WITH THIS AGREEMENT AND ANY OTHER POSTED GUIDELINES OR RULES APPLICABLE TO ANY FEATURE OR SERVICE PROVIDED BY THE COMPANY. PLEASE DO NOT USE IF YOU DON’T AGREE TO ANY PART OF THIS AGREEMENT.
Amendments to this Agreement.
We reserve the right to make changes to this Agreement and to other site guidelines at any time. Any modification to this Agreement shall become effective immediately upon posting to the Company site. You will be responsible to check this Agreement from time to time to see if there are any changes to that may affect your use. Continued use of anything created by the Company after any such change constitutes acceptance of all changes. If you do not agree with this Agreement in full, you must immediately terminate your use of this site.
“Content” means copyrighted and patented materials and techniques owned or displayed under license by the Company, its parents, subsidiaries, affiliates, officers, employees, consultants and teachers, feature or group of features or which is posted to the Web site at www.theprofessorproject.com and any related sites owned and maintained by the Company by any User, including all reviews, discussions, images, text, software and other content located on the Company’s website, whether generated by Users or by the Company.
“Company Information” means any information, service, or property accessible at the Internet domain www.theprofessorproject.com or otherwise displayed on the Internet by the Company. This includes, but isn’t restricted to, all text, images, and software.
“Members” means paying members of the Company.
“Users” or “you” as used herein refers collectively to Members, and to all paying and non-paying users alike.
Copyright and Trademark Information.
Use of our Web Site.
The Company Information is intended for personal use by individuals. Any unauthorized commercial use of Company Information or resale, repurposing, or reproduction of Company Information or Content is expressly prohibited. This includes providing links to specific Content related pages other than our home page for any commercial purpose that have not been specifically authorized by us in writing as well as using the site to contact other Users for commercial purposes.
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not the Company, are entirely responsible for all Content that you upload, post or otherwise transmit via our Web site. The Company does not control the Content posted via our Web site and, as such, does not guarantee its accuracy, integrity or quality.
The following conditions shall govern Users’ use of the Company Information.
You agree not to reproduce, duplicate, copy, sell, resell, assign, license, sublicense or exploit any portion of the Company Information, use of the Company Information, or access to the Company Information.
You agree not to attempt to bypass the authentication and security mechanisms or reverse engineer the software on this site.
You agree not to post any Content on this site that (a) infringes any third-party intellectual property or publicity/privacy rights, (b) violates any applicable law or regulation, (c) impersonate any person or entity, including, but not limited to, a Company official or another User, or falsely state or otherwise misrepresent your affiliation with a person or entity, (d) is defamatory, harassing, obscene or child pornographic, (e) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (f) is otherwise tortious or criminal, (g) is related to any service in connection with any junk e-mail, spam, or unsolicited messages, commercial or otherwise.
We reserve the right, in our sole discretion and at any time, to make any changes, modifications, amendments, alterations, and or deletions to any Content, and to any Company Information.
Payments of subscription fees to the Company and any legally required sales or service taxes will be processed by our billing service. By providing a payment method, credit/debit card or other, for your subscription, you authorize the Company to charge you a monthly subscription fee on a recurring basis according to your subscription plan.
In the event you choose a new subscription plan, the subscription fee will be billed at the end of your free trial period (if applicable) and on each periodic renewal date thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued (pursuant to these terms).
Our billing service will automatically bill the payment form you provide upon registration with Company on the calendar day corresponding to the commencement of your subscription. To view the renewal date for your next billing period, please log into your user profile and view your subscription details there. All subscriptions are monthly commitments and shall thus be billed on a monthly basis.
Cancellation by You.
You may cancel your subscription at any time. Your subscription will continue on a monthly recurring basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued (pursuant to these Terms). The Company shall not be held responsible for cancelling a customer’s subscription; you will remain responsible for your subscription fees until you cancel your subscription. You must cancel your subscription prior to your next renewal date to avoid being billed for the next billing period. Our billing service will automatically bill the periodic subscription fee plus any applicable fees to the most current payment method you have provided to our billing service. Your subscription cancellation will be effective at the end of the current billing period; this means you will retain access to Company’s subscription based content until the end of that period, however you will not receive a refund of any kind. You must cancel your subscription by logging into your account and following the instructions in your user profile. If your payment method expires and you do not update your payment information and our billing service is unable to process your invoice within seven days from the first failed payment, your subscription will expire and you will lose access to the Company’s subscription based content. All payments to the Company are final.
All changes to your account information, including your contact and financial information, must be made through your user profile.
The Company reserves the right to reveal any data provided by a User or other information in its possession in cooperation with a request or investigation by any governmental body or governmental agency, or in response to a subpoena issued by any governmental body or governmental agency.
The Company reserves the right to examine any data provided by a User in the course of responding to any claim by a third party that a User is using the Services in connection with an infringing, illegal or improper activity or that the data infringes rights of the third party. The Company reserves the right to disclose the identity of a User, or information allowing identification of a User, in response to request for identification in connection with claim of Copyright or Trademark infringement by the User.
Content posted or uploaded by Customers may be stored on computers and/or servers maintained by and in control of a third party service provider. Any expectation of privacy by a User is limited by and subject to the scope of the Service Provider’s privacy policies.
Links to Third Party Sites.
This Web site may contain links to sites of third parties or affiliates outside the control of the Company. These links are provided as a convenience and the Company is not responsible for the content of any linked site or for the actions of those who may have provided the linked web site to the Company. A link to a non-Company web site does not imply that the Company endorses or accepts any responsibility for the content found therein or the use of that Web site.
Disclaimers of Warranty.
YOU UNDERSTAND THAT YOU ARE USING INFORMATION PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Company makes no representations or warranties about SUITABILITY OF THE INFORMATION OF THE CONTENT FOR YOUR NEEDS, the frequency with which content will be updated, or that you will be satisfied with the content that is or will be made available.
Limitation of Liability.
THE INFORMATION PROVIDED VIA THIS WEB SITE IS GENERAL IN NATURE WITHOUT ANY INTENTION THAT IT BE TAILORED TO YOUR INDIVIDUAL HEALTH AND TRAINING NEEDS. IF YOU WISH INDIVIDUAL INSTRUCTION, YOU SHOULD HIRE A PERSONAL TRAINER. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED BY YOUR APPLICATION OF THE INFORMATION OR CONTENT PROVIDED HEREIN.
The Company shall not be held responsible for ANY inability BY YOU to access the subscription based content at www.theprofessorproject.com for any reason. You subscribe to the Company’s subscription based web site at your own risk.
THE COMPANY SHALL NOT BE RESPONSIBLE FOR LOSS OF ACCESS TO, OR ALTERATION (INCLUDING DELETION) OF ANY TRAINING RECORDS OR OTHER CONTENT.
THE COMPANY SHALL BEAR NO LIABILITY FOR OR ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER OR BY THIRD PARTIES LINKED TO FROM THIS SITE, INCLUDING ANY LIABILITY FOR NEGLIGENCE. IN NO EVENT SHALL Company BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. THE FOREGOING LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME USERS. IN NO EVENT SHALL THE COMPANY TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY THAT CUSTOMER OR VISITOR TO THE COMPANY FOR THE SERVICES DURING THE YEAR PRIOR TO ACCRUAL OF THE DAMAGES, LOSSES, OR CAUSES OF ACTION. USERS FURTHER AGREE THAT THE COMPANY, ITS EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOST PROPERTY OR DATA OF THE CUSTOMER OR ANY CLAIM OR DEMAND AGAINST THE USER BY ANY OTHER PARTY.
Indemnity. By using the Company Information or content you agree to indemnify, defend, and hold harmless Company, its parents, subsidiaries, affiliates, officers, employees, consultants and teachers from and against any claim or demand, of physical, material, monetary or other nature, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Company Information, its online fitness training information, or any other Content provided on the site, the violation of this Agreement by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
Termination by Company.
The Company reserves the right to ban or block access to any user. The Company also reserves the right in its sole discretion to refuse or cancel usage, membership, paid or unpaid, with or without refund at any point in time. In all cases refund amounts will never exceed the amount paid.
By agreeing to these terms and conditions governing your subscription, you agree not to share with any third party your login information or any content found on the subscription based Web site at www.theprofessorproject.com.
In the event that you share your login information or any the content found on the Company’s subscription based Web site with any third party without express written permission from the Company, the Company reserves the right to immediately cancel your membership without a refund, and to pursue any and all remedies available to the Company under the law.
Ownership; Intellectual Property.
All Content on provided by the Company shall be and remain the property of the Company. If you post Content or submit material, and unless we indicate otherwise, you grant the Company, its affiliates, parents, and partners a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media.
You grant the Company and its affiliates, parents, and partners the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate our site’s policies and will not cause injury to any person or entity; and that you will indemnify the Company or its affiliates, parents, and partners for all claims resulting from Content you supply.
If you have signed up and paid for access to the Company subscription based programming, you are granted one (1) license for non-commercial, personal use of such Content as presented in the Company subscription based programming. Any deliberate misuse, reproductions or misappropriation of the Content violates Federal copyright and patent statutes and shall result in claims for damages as outlined in those statutes.
United States Copyright Act Designation and Copyright Act (Canada).
The Company respects the intellectual property of others and we ask our Users to do the same. Please do not post any Content that is copyrighted by others. If you believe that your copyrighted work has been infringed, and you want us to take down or disable the infringement, please contact the following Company designated agent to receive notifications of claimed infringement under the United States Copyright Act, or violations of other laws or regulations, both foreign and domestic, by its Users:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site, including the URL, if applicable; Your address, telephone number, and e-mail address; 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; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notices should be addressed as follows: [Your Lawyers or office; if any]
Company Users who are found to repeatedly violate copyright rights of others may have their access to all services terminated.
Severability; Entire Agreement; Nonwaiver.
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Failure by the Company to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
Choice of Law and Jurisdiction.
Interpretation and enforcement of this Agreement shall be governed by the laws of the province of British Columbia and the federal laws applicable therein, excluding its choice of law rules. All Users consent to personal jurisdiction in the applicable courts of such jurisdiction, for any action arising out of or relating to their use of the Services. The above courts shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney’s fees.
You may contact Company, at [email protected]