Eligibility
You must be at least 18 years of age to use our Services.
The services are only available in the USA for now due to payment
processing restrictions.
By agreeing to these Terms, you represent and warrant to us that you are
at least 18 years of age.
User Accounts
You may need to register for an account to access some or all of our
Services. If you register for an account, you must provide accurate
account information and promptly update this information if it changes.
You also must maintain the security of your account and promptly notify
us if you discover or suspect that someone has accessed your account
without your permission.
Stripe Connect Payments
We use Stripe's Connect feature to facilitate payments between trainees
and trainers. As a user, you will have to link your existing Stripe
account or create a new one through a special link provided by us. All
financial transactions facilitated by this connection are subject to
Stripe's terms and conditions. We store and track all transaction
records for your reference.
Any disputes related to payments should be handled directly by the
trainers as per Stripe's policy. We are not responsible for settling
payment disputes between trainees and trainers.
Our payment services are currently only available in US Dollars. Do not
attempt to use the site to pay with other currencies.
Payment options may be limited or changed at any time.
Developed Features
Features on our site are in active development and may be changed or
removed at any time.
User Content
Our Services may allow you and other users to create, post, store and
share content, including messages, text, photos, videos, software and
other materials (collectively, "User Content"). Except for the license
you grant below, you retain all rights in and to your User Content, as
between you and The Personal Trainers Club.
You grant The Personal Trainers Club a nonexclusive, royalty-free,
worldwide, fully paid, and sublicensable license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, publicly perform and display your User Content and any name,
username or likeness provided in connection with your User Content in
all media formats and channels now known or later developed without
compensation to you.
Prohibited Conduct
By using our Services, you agree not to:
- Engage in any harassing, threatening, intimidating, predatory or
stalking conduct.
- Use or attempt to use another user’s account without
authorization from that user and The Personal Trainers Club.
- Post, upload, publish, submit or transmit any content that
infringes, misappropriates or violates a third party’s patent,
copyright, trademark, trade secret, moral rights or other
intellectual property rights, or rights of publicity or privacy.
- Engage in any conduct that is harmful, fraudulent, deceptive,
threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, or otherwise objectionable.
Privacy Policy
By using our Services, you also agree to our Privacy Policy, which
covers how we collect, use, share, and store your personal information.
Limitation of Liability
Under no circumstances shall The Personal Trainers Club be liable for
any direct, indirect, incidental, special, consequential, or exemplary
damages arising from your use or inability to use our services.
Disclaimer of Warranties
Our Services are provided "as is" without warranty of any kind, either
express or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, or non-infringement.
Governing Law
These terms and any related disputes will be governed by and construed
in accordance with the laws of
Texas and the United States, without regard to its conflict of laws
rules.
Dispute Resolution
Any disputes arising out of these terms shall be resolved through
arbitration in Austin, TX,
in accordance with the rules of [Arbitration Institution].
Changes to Terms
We reserve the right to change or update these terms at any time.
Any changes will be effective immediately upon posting to our site,
and your continued use of our services after such changes have been
posted constitutes your acceptance of the changes.
Service Modifications
We reserve the right to modify or terminate any of our services at any
time, without notice.
We are not liable to you or any third party for any modifications, price
changes, suspension, or discontinuance of the Service.
Termination
We reserve the right, without notice and in our sole discretion, to
terminate your right to
access or use our Services. We are not responsible for any loss or harm
related to your inability to access or use our Services.
Refund Policy
Subscription Fee Refunds
All subscription fees are non-refundable. Once paid, the subscription
fee for that period (e.g., month or year) will not be returned,
regardless of whether the trainer uses the service for the entire
duration.
Transaction Fee Refunds
If a transaction is cancelled due to trainer-initiated reasons, the
transaction amount minus our fee will be returned to the trainee. For
trainee-initiated cancellations, The Personal Trainers Club will retain
its portion of the fee, and the remaining amount will be returned to the
trainee based on the trainer's individual cancellation policy.
Misuse of Platform
Any misuse of the Stripe connection, fraudulent activities, or other
malicious actions on The Personal Trainers Club will lead to immediate
termination of services, withholding of funds, and potential legal
action. This includes, but is not limited to, false disputes, scamming,
or attempting to defraud other users.
Satisfaction Guarantee
The Personal Trainers Club does not offer a universal satisfaction
guarantee. Any guarantees or refund promises are at the sole discretion
of individual trainers and are not enforced by The Personal Trainers
Club.
Liability
The Personal Trainers Club serves as a platform to connect trainers and
trainees. We are not liable for the quality, specifics, or any other
aspect of the training provided. Any disputes regarding training quality
or content should be directed to the individual trainer.
Severability
If any provision of these terms is deemed illegal, void, or
unenforceable, then the remaining provisions will remain in effect and
be enforceable. The unenforceable provision will be replaced with a
valid and enforceable provision that achieves the same objective and
economic result.
Stripe Fees
Stripe charges fees which are by default placed on the trainer. Unless otherwise noted,
these fees won't be charged to the customer. The pass price is not the amount that the
trainer will receive upon purchase - it is the amount that the customer will pay.
Last I checked, the credit fees were 2.9% + 30 cents per transaction. For ACH debits, the
fee last I checked was 0.8% with a $5 cap.
Contact Us
If you have any questions about these Terms, please contact us at
info@heldsolutionsllc.com