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The Holistic Athlete Fitness Consulting, Inc. 

Terms of Service & Release

 

Last Updated: March 12, 2024

 

Acceptance of the Terms

The following terms of service (these “Terms”) are entered into by and between you and The Holistic Athlete Fitness Consulting, Inc. (“The Holistic Athlete,” “Company,” “we,” “us,” or “our”). These Terms govern your access to and use of our website, https://www.theholisticathletes.com (the “Site”) along with any other products or services offered by us, whether through the Site, a partner website, or otherwise (collectively and together with the Site, the “Services”).

Please read these Terms carefully. By accessing, browsing or otherwise using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you (1) acknowledge that you have read and understood these Terms, (2) represent and warrant that you meet all of our eligibility requirements for using the Services as described in these Terms, and (3) accept and agree to be bound by these Terms, including any other terms applicable to the Services that are incorporated herein by reference. If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access or use the Services.

Changes to the Terms of Service

We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Last Updated” date at the top of this page so you can tell if these Terms have changed. Any such changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.

Access to Services; Account Registration

By accessing the Services, you warrant that:

  1. You are legally capable of entering into binding contracts;

  2. All registration information you submit is truthful and accurate;

  3. You will maintain the accuracy of such information; and

  4. Your use of the Services does not violate any applicable law or regulation.

To access our Services, you may be required to register with the Site and create a user account (“Account”). If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. You agree that all information that you submit upon creation of your Account is accurate and truthful and you have the right to post the content on the Service and grant a license to The Holistic Athlete Fitness Consulting, Inc. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.

You should not share your Account information. You should not use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Payment Processer; Third Party Service Provider

In the course of your use of the Services, third party payment service providers may receive and implement updated credit card information from your credit card issuer in order to prevent your payment or subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the updated service. Should you desire to do so, please contact your credit card issuer.

Prices include local taxes where applicable. You agree not to hold us responsible for banking charges incurred due to payments on your account. You agree that you are not permitted to resell any Services for commercial purposes.

Subscription Services

You authorize The Holistic Athlete Fitness Consulting, Inc. to charge the Account designated during the registration process for the current fees and charges for each term according to the subscription plan or Service. You may cancel the Service, and must provide 30 days notice, by emailing us at theholisticathleteinfo@gmail.com and requesting to cancel the Service. Once you cancel, you will be not be charged again for the Service. You are responsible for any charges associated with connecting to the Site, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide The Holistic Athlete Fitness Consulting with accurate, complete and updated information as to your name and e-mail address and payment information provided by you at registration. Failure to do so shall constitute a breach of these Terms.

 

Recurring Billing

All of our subscription plans recur on a monthly basis at the then-current rate until cancelled in accordance with the terms discussed above under “Subscription Services.” Billing occurs at the beginning of the month on the first working day of the month and provides services as stated under the selected subscription plan, as outlined on the website (www.theholisticatheletes.com). If you cancel your subscription, you may use your subscription until the end of the then-current term and your subscription will not be renewed after the then-current term expires. By accepting these Terms, you accept responsibility for all recurring charges prior to cancellation.

Changing Fees and Charges

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We may also at any time and from time to time, in our sole discretion, change or remove any of the pricing models in place.

Termination

The Holistic Athlete Fitness Consulting, Inc. shall have the right to immediately, without notice, terminate or suspend your use of the Services with respect to any user which The Holistic Athlete Fitness Consulting, Inc., in its sole discretion, considers to be unacceptable, or in the event of any fraud or breach of any obligation under these Terms (including, without limitation, the unauthorized copying or download of content from the Services). The Holistic Athlete Fitness Consulting, Inc. does not have to provide a refund for services under any conditions. Either you or The Holistic Athlete Fitness Consulting, Inc. may terminate your Account and/or use of the Services. Your only right with respect to any dissatisfaction with (i) any terms and conditions of these Terms, or policy or practice of The Holistic Athlete Fitness Consulting, Inc. in operating the Site (ii) content available through the Service or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate your Account and/or use of the Services through our cancellation system. Notice of termination will be effective upon receipt by The Holistic Athlete Fitness Consulting, Inc. In the event that your Account is terminated or cancelled, no refund of any fees will be granted. Fees paid for any Service are paid at the beginning of the subscription cycle and are not refundable in whole or in part.

 

Eligibility; User Restrictions

We only permit individuals who are at least 18 years old, or the age of majority in your state, province, territory, or country, and who can form legally binding contracts with us to use the Services. Individuals under the age of 18, or the applicable age of majority, (“Minors”) may not utilize the Services unless otherwise authorized by a legal guardian. If you are a Minor, please do not attempt to access or use the Services.

You can only use or receive the Services to the extent the laws of your jurisdiction or the Canada or United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

 

Use of the Services; Restrictions on Use

We may from time to time in our sole discretion develop and provide updates to the Services, change the Services, restrict access to the Services or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion without notice. Any such updates or changes will be deemed part of the Services and subject to all terms and conditions of these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.

You may only use the Services as explicitly authorized and in compliance with any policies made available to you within the Services. You may not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. Without limiting the foregoing, you may not do any of the following while accessing or using the Services:

– Use the Services for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use, without our express written consent;

– Express or imply that any statements you make are endorsed by The Holistic Athlete Fitness Consulting, Inc.;

– Scrape the Services or use other automated or manual means to take our content without our express prior written consent;

– Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Services not intended to be so read;

– Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;

– Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;

– Bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;

– Run any form of auto-responder or “spam” on the Services;

– Access or use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party; or

– Otherwise take any action in violation of these Terms.

 

Links to Third Party Websites

We may provide links to third party websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites and services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

 

Availability of the Services

Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in our Services, please report it to us at theholisticathleteinfo@gmail.com and we will review your complaint and, where we determine it appropriate to do so, correct the fault. We will not be liable to you if the Services are unavailable from time to time.

Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can.

 

Third Party Materials and Content

You understand that the Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Materials”). In consideration for The Holistic Athlete Fitness Consulting, Inc. allowing you to use the Services, you agree that we, our affiliates, and third party partners may place advertising on the Services.

You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We expressly disclaim any responsibility for all aspects of the Third Party Materials and you further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any Third Party Materials.

Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third party trademarks or content, which shall remain the property of their respective owners.

 

Medical Disclaimer

The information provided through this Site or sent to you by The Holistic Athlete Fitness Consulting, Inc. is intended to assist you in your fitness efforts. All information is of a general nature and is for educational purposes only. The information provided through this Site or Services is not intended as a substitute for medical counseling or the professional advice of your personal physician, or the practice of medical or counseling care. For purposes of these Terms, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis, or advice.

Before you begin any fitness or nutrition program, consult your physician to determine if the fitness or nutrition program is right for your needs. Do not start a fitness or nutrition program if your physician advises against it. Please note that The Holistic Athlete Fitness Consulting, Inc. coaches, affiliates or employees cannot provide you with medical advice and nothing that you may read on this site or that is otherwise provided to you by The Holistic Athlete Fitness Consulting, Inc.’s coaches, affiliates or employees should be construed as such. Although The Holistic Athlete Fitness Consulting, Inc. and their coaches, affiliates and employees make an effort to provide quality information to you, The Holistic Athlete Fitness Consulting, Inc. disclaims any express or implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any information provided through this site or sent to you by a The Holistic Athlete Fitness Consulting, Inc. coach.

Use of the Services is at your own risk. You recognize and acknowledge that there are risks of physical injury and agree to assume the full risk of any injuries (including death), damages, or loss which you may sustain as a result of participating in any and all activities arising out of, connected with or in any way associated with use of The Holistic Athlete Fitness Consulting Inc. Services. You acknowledge that participation in any Holistic Athlete Service is voluntary. You certify that you are in good health and sufficient physical condition to properly partake in services provided by the Holistic Athlete Fitness Consulting, Inc.

You further affirm that if you are pregnant or breastfeeding you have consulted with a physician regarding your use of the Services.

The Holistic Athlete Fitness Consulting, Inc. reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
 

Governing Law

No matter where you’re located, the laws of the province of Ontario will govern these Terms and the relationship between you and the Company as if you signed these Terms in Ontario, without regard to Ontario’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in Ontario for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.

 

Severability

If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

 

Entire Agreement

These Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.

 

Force Majeure

We take our commitment to clients seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation, restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.

 

Waiver

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge the Company (and The Company’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of the Company, whether active or passive, or any of the Company’s affiliates, employees, agents, representatives, successors, and assigns. 

This waiver and release of liability includes, without limitation, injuries which may occur as a result of your use of any program or service provided by The Holistic Athlete Fitness Consulting, Inc.

 

INDEMNIFICATION

By execution of this agreement, you hereby agree to indemnify and hold harmless The Holistic Athlete Fitness Consulting Inc., its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services or your use of any information obtained through the Services

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