TERMS, TRADEMARK & COPY RIGHTS: CHANGINGLIVES

Terms of Use TRADEMARK & COPY RIGHTS:

 

EFFECTIVE IMMEDIATELY.

Before using any services, please read carefully the following terms of use. by accessing, browsing and/or using the services, you acknowledge that you have read, understood, and agree to be bound by all the terms, conditions, consents and disclosures set forth in the terms of use and the applicable guidelines set forth on the websites. If you do not agree to the terms of use and the applicable guidelines, then please cease using the services immediately. if you are entering into this terms of use on behalf of a legal entity, you represent that you have the legal authority to bind the legal entity.

  1. Ownership and intellectual property rights of the Company:
  2. The services are owned by the company and are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the terms of use, the company and its licensors exclusively own or control all right, title, and interest in and to the services, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the services.All trademarks, service marks, logos, trade names, TAG NAMES and designs, whether registered or unregistered, used in connection with the services are owned by the company or its third party licensors. You may not use or display any such trademarks; service marks, logos, trade names, or designs owned by the company or its third party licensors without the appropriate owner’s prior written consent.
  3. Governing Law; Venue.Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the TRADE-MARK & COPY RIGTS Agreement contained in Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.
  4. Copyrights.All Site design, text, menus, company names, stories, videos, photos ,logo’s, graphics, the selection and arrangement thereof, Copyright ©, CHANGINGLIVES.FITNESS, (PLATINUM FITNESS SOLUTIONS LLC). ALL RIGHTS RESERVED.
  5. Trademarks.CHANGINGLIVES.FITNESS, the bi-colored “flying document” logo, all images and text, and all page headers, menus, stories, videos, photos, food, custom graphics and button icons are service marks, trademarks and/or trade dress of CHANGINLIVES.FITNESS. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
  6. Right to Refuse.You acknowledge that CHANINGLIVES.FITNESS reserves the right to refuse service to anyone and to cancel user access at any time.
  7. Acknowledgement.BY USING CHANGINGLIVES.FITNESS’S SERVICES OR ACCESSING THE CHANGINLIVES.FITNESS SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM (PLATINUM FITNESS SOLUTIONS LLC) CHANGINGLIVES.FITNESS, LLC.
  8. Inappropriate Content.When accessing the Site, any Applications, or using (PLATINUM FITNESS SOLUTIONS LLC) CHANINGLIVES.FITNESS Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene behaviors, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. CHANGINGLIVES.FITNESS reserves the right to terminate or delete such material from its servers.(PLATINUM FITNESS SOLUTIONS LLC) CHANGINGLIVES.FITNESS will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
  9. Inappropriate Content.When accessing the Site, any Applications, or using CHANINGLIVES.FITNESS Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene behaviors, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. CHANGINGLIVES.FITNESS reserves the right to terminate or delete such material from its servers. CHANGINGLIVES.FITNESS will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
  10. Compliance with Export Restrictions.You may not access, download, use or export the Site, Applications, or the Materials in violation of International laws, United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
  11. Non-English-Speaking Customers. Certain materials on the CHANGINGLIVES.FITNESS site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English.  Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only.  In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
  12. Customers Needing Extra Assistance. CHANGINGLIVES.FITNESS aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the CHANGINLIVES.FITNESS website, or otherwise have difficulties using the CHANGINLIVES.FITNESS website, please call (305) 676-1927 and our customer care team will assist you.
  13. Personal Use.The site is made available for your personal use on your own behalf.
  14. Children.Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us unless with approval of their guardians.
  15. Customers Needing Extra Assistance. CHANGINGLIVES.FITNESSaims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the CHANGINLIVES.FITNESS website, or otherwise have difficulties using the CHANGINLIVES.FITNESS website, please call (305) 676-1927 and our customer care team will assist you.
  16. By using our site and all services to all terms presented here, and you agree that you are of at least 18 years of age, or using the services under a parent or guardian’s supervision, and are legally able to enter into a contract. if you are under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review this terms of use with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this terms of use. You agree to have your parent or guardian review and accept these terms of use on your behalf. If you are a parent or guardian agreeing to this terms of use for the benefit of an individual under the age of 18, then you agree to and accept full responsibility for that child’s use of the services, including all financial charges and legal liability that he or she may incur.
  17. License to use content:

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“content”) is available through the services. Some of the content is provided by the company or its affiliates, and other content is provided by persons who use the services (“users”), such as users’ opinions and views provided via posts to chat rooms, blogs, bulletin boards, profile pages, messaging services, discussion forums, and more.

The company grants you a nonexclusive, nontransferable, revocable, limited license to view, download, copy and print content retrieved from the services only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in connection with the content. You may not use any content available via the services in any other manner or for any other purpose without the prior written permission of the company. All rights not expressly granted in these terms of use are expressly reserved for the company.

18. Restrictions on use of services:

Your use of the services and the related licenses granted hereunder are conditioned upon you not doing any of the following in connection with using the services:

Posting, uploading, publishing, submitting or transmitting any information or other material that: (i) 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; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).

Using any Meta tags or other hidden text or metadata utilizing a company trademark, logo, and url or product name;

Using the services for any commercial purpose or the benefit of any third party or in any manner not permitted by the terms of use;

Forging any company packet header or any part of the header information in any email or newsgroup posting, or in any way using the services to send altered, deceptive or false source-identifying information;

Attempting to decipher, decompile, disassemble or reverse engineer any of the software used to provide the services;

Interfering with, or attempting to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the services;

Collecting or storing any personally identifiable information from the services from other users of the services without their express prior permission;

Impersonating or misrepresenting your affiliation with any person or entity;

Violating any applicable law or regulation;

Contacting anyone who has asked not to be contacted, or making unsolicited contact with anyone for any commercial purpose;

“Stalking” or otherwise harassing anyone;

Collecting personal data about other users for commercial or unlawful purposes;

Posting false or irrelevant content, or repeatedly posting the same or similar content;

We have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and services security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of use. You acknowledge that the company has no obligation to monitor your access to or use of the services or to review or edit any content, but has the right to do so for the purpose of operating the services, to ensure your compliance with the terms of use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, in our sole discretion, consider to be in violation of the terms of use or otherwise harmful to the services.

 

Please note that PLATINUM FITNESS SOLUTIONS LLC, CHANGINGLIVES.FITNESS we do reserve the right to change any of these terms of service at any time, without notice to you. That being said, we encourage you to check back here periodically to ensure that you remain informed on the specifics of these terms of service.

19. THESE TERMS OF USE INCLUDE:

Your acknowledgment and agreement that you are healthy enough to perform strenuous exercise and follow a general guideline of both nutrition plan, fitness training exercises and that you have consulted with a physician and approved you to all exercises and nutrition guidelines before using the services.

Your agreement that the services are provided “as is” and without warranty

Your agreement that company has no liability regarding the services

Your consent that you and company have the right to compel arbitration

20. Use of service; no medical advice:

You understand that our services are intended for use only by individuals healthy enough to perform strenuous exercise and follow a general nutrition plan and, may not be suitable or recommended to all individuals, including but not limited to, pregnant women or people who suffer from an underlying medical condition or who have special dietary needs. Our services may utilize the physical activity readiness questionnaire (par-q) in assessing the safety of, or possible risks of, exercising for you based on your answers. This assessment requires that all information provided by you is true, complete and correct and further, requires that you not omit any relevant information regardless of whether we have asked about such information. Furthermore, in becoming a user of the services, you affirm that a physician has specifically approved your use of the services, or that all of the following statements are true:

 

No physician has ever informed you that you have a heart condition or that you

should only do physical activities recommended by a physician;

You have never felt chest pain when engaging in physical activity;

You have not experienced chest pain when not engaged in physical activity at any time within the past month;

You have never lost your balance because of dizziness and you have never lost consciousness;

You do not have a bone or joint problem that could be made worse by a change in your physical activity;

Your physician is not currently prescribing drugs for your blood pressure or heart condition;

You do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems;

You are not pregnant, breastfeeding or lactating;

You do not have a condition of high-cholesterol, diabetes, obesity or arthritis; and

You do not know of any other reason you should not exercise or follow a general nutrition plan.

 

Before using our services, you should consult your doctor or other professional healthcare provider. The use of any information or programs provided on the services is solely at your own risk. If you think you may have a medical emergency, call your doctor or 911 immediately.

If at anytime during your exercise workout you do not feel well, make sure you stop immediately and seek medical advice of a medical professional if required.

The content available via the services is provided with the understanding that neither the company nor its affiliates or users are engaged in rendering medical, counseling, legal, or other professional services, or advice. Such content is intended solely as a general educational aid. we are not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. We are also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medicine. Our recommended workout plans and exercises or nutrition plans, even if they are tailored to individual users, should not be misconstrued as medical advice, diagnoses, or treatment. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment.

Neither the company nor any of its trainers or affiliates will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout plans or exercises or nutrition plans. while we may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly and to consider consulting with a qualified coach, instructor, personal trainer, or physical therapist, especially if you are new to any of the forms of training or activity you seek to perform.

21. Modification of terms of use and/or services:

The company reserves the right, in its sole discretion, to modify, discontinue, or terminate the services or to modify these terms of use at any time and without prior notice. If the company amends this terms of use, it will update this posting on the website and specify the effective date of the new version of the terms of use. Your continued use of the services following the posting of a new version of the terms of use shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the terms of use has been posted each time you use the services. If the amended terms of use are not acceptable to you, your only recourse is to cease using the services.

22. Privacy:

Please refer to the privacy policy available here for information and notices about how the company collects, uses and shares your personally identifiable information in connection with the services. You hereby agree to be bound by company’s privacy policy.

23. Your account:

In order to use certain features of the services, you may have to register and create an account with us. You are responsible for maintaining the confidentiality of any passwords associated with your account, you agree to monitor all activity under the account, and you assume full responsibility for all activities that occur under your account. The company reserves the right to suspend or terminate your account at any time and shall incur no liability for such suspension or termination.

We offers pro subscriptions that grant you access to additional features like a personal trainer to respond to your messages, access to additional workouts and customized meal plans. If you choose to become you choose to use other pay services we provide under your account member, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by us). You will immediately be charged for your subscription fees after your service account status has been activated; it’s your responsibility to cancel your membership the company will not cancel on or stop your payment on your behalf. You agree to pay all subscription fees and other charges incurred in connection with your username and password for your account.

24. OUR SOCIAL MEDIA We will only POST your progress photos stories ONLY WITH YOUR APPROVAL this is only APPLIES FOR PAID SUBCRIBERS ONLY sharing activity TO MOTIVATE AND INSPIRES OTHERS

25. Refunds:

Charges for these subscriptions are refundable gurantee refund request must be submitted within 24hrs to SUPPORT@CHANGINGLIVES.FITNESS

26. User-submitted content:

You are responsible for all content that you submit, post, or otherwise make available to or through the services (“user content”). By doing so, you represent and warrant to the company that your user content is not subject to any confidentiality obligation to any third party and that you have all necessary permission to submit, post and otherwise make available such user content.

We make no claims to ownership of user content that you submit, post or otherwise make available to or through the services and you shall continue to retain all ownership rights in your user content and the right to use your user content as you see fit. However, you hereby grant to the company and its affiliates a worldwide, nonexclusive, perpetual, transferable, fully sub-licensable, royalty-free right and license to: post or otherwise make available in public areas of the services (e.g. not intended as a private communication), use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such user content (in whole or part) worldwide via the services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available in public areas of the service, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such user content for the purpose for which such user content was submitted, posted or made available. we reserve the right to remove user content or edit it in any way.

27. Third party sites / links / ads:

Your dealings with advertisers or other third parties found on or accessible through the services are solely between you and such third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Third party links are provided solely as a convenience to you and should not be construed as an endorsement by the company of content, items, or services provided on such third-party sites. You shall access and use such third party sites, including the content, items, or services on those sites, solely at your own risk.

The company does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that the company will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of links or ads of such third parties on the services.

If there is a dispute between you and any such third party, you understand and agree that the company shall be under no obligation to become involved.

28. Disclaimer of warranties:

You agree that the use of the services is entirely at your own risk. The services are provided on an “as is” and “as available” basis. The company expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. The company does not make any warranty that the services will meet your requirements, or that access to the services will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. The company makes no warranties as to the results that may be obtained from the use of the services or as to the accuracy, quality, or reliability of any information obtained through the services. The company disclaims any warranties for other services or goods received through or advertised on the services, or accessed through any links on the services. The company disclaims any warranties for viruses or other harmful components in connection with the services. some jurisdictions do not allow the disclaimer of implied warranties. in such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

29.Limitations of liability:

Under no circumstances shall the company or any of its affiliated entities be liable for any damages resulting directly or indirectly from any aspect of your use of the website, content or services. You must evaluate, and agree to bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of the services. You specifically acknowledge that the company and its affiliates are not liable for the defamatory, offensive, or illegal conduct of users or third parties. Additionally, in no event will the company or its any of its affiliated entities be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use the services; (2) the cost of procurement of substitute services, items, or website; (3) unauthorized access to or alteration of your transmissions or data; (4) the statements or conduct of any third party on the services; or (5) any other matter relating to the services. these limitations will apply whether or not the company has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. you acknowledge and understand that the disclaimers, exclusions and limitations of liability set forth herein form an essential basis of the agreement between you and the company and that absent such disclaimers, exclusions and limitations of liability, the terms and conditions of this terms of use and your access to the websites and services would be substantially different. in some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

30. Indemnification:

You agree to indemnify and hold harmless the company, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the terms of use; (2) the user content you submit, post, or transmit through the services; or (3) your use of the services.

31. Termination:

Either party may terminate the terms of use for any or no cause, at any time. After termination, you agree that you shall no longer access or utilize the services. The provisions of this terms of use which by their intent or meaning are intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, indemnification and dispute resolution shall survive the any termination of this terms of use and any termination of your use of or subscription to the services and shall continue to apply indefinitely.

32. Severability:

If any provision of the terms of use is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the terms of use shall continue in full force and effect.

33.Dispute resolution:

You and company agree to resolve any disputes between us in accordance with this section 18. If you believe that company has not adhered to the terms of use or you have any dispute with company, please contact company using the contact information provided support@changinglives.fitness we will do our best to address your concerns and we will attempt to resolve any disputes with you amicably.

Except as provided herein, you and company agree that we will resolve any disputes between us that we cannot resolve as provided above through binding and final arbitration instead of through court proceedings. all such controversies, claims, counterclaims, or other disputes arising between you and company relating to the online service on our websites.

34. Applicable law and venue

This terms of use and the resolution of any dispute related to this terms of use will be governed and interpreted by and under the laws of the state of Florida.

35. Contact information

If you have any questions or concerns with respect to this terms of use or the services, you may contact a representative contact us through our contact information’s that are provided on the website. SUPPORT@CHANGINGLIVES.FITNESS

UPDATED MAY 23RD 2018

© 2018 Platinum Fitness Solutions llc - Trade-mark & all copyrights all rights reserved (joan@changinglives.fitness)