Disclaimer: Before starting any exercise program through the Service, consult your physician to determine if such program is right for your needs. Do not start exercise program through the Service if your physician advises against it. Your use of the Service and attending our interactive workouts and exercise programs is at your sole discretion and risk. Not all exercises are suitable for everyone before attempting a new exercise program take into consideration factors such as flexibility, strength, stamina and overall health to determine whether or not a particular exercise is appropriate for you. This like any exercise or physical activity , is inherently dangerous and can result in personal injury. Any injury sustained from proper or improper use of the exercises presented here is solely the responsibility of the participant. All Star Wellness Inc. and its partners disclaim any liability from injury sustained from the use of our exercise programs. We suggest that prior to participate in any physical activity or exercise program you consult your doctor or health care professional. The information provided in this website is intended for general reference purposes only and is not intended to diagnose or address any specific medical conditions. No health, fitness, wellness or sports performance information in this website should be used to treat, cure or prevent any medical condition.
You become a registered user of the Service and create a Service account (“Account”) by (i) using your personal unique email address and giving other information required; or (ii) by using the available single sign-on via Facebook.
The Service is licensed to you for your personal and non-commercial use only. Your use of the Service might be governed also by separate policies, as provided in connection with such services. Each individual User shall only create one (1) Account. When attending classes through the Service You shall always wear proper exercise clothing. All Star Trainers grants to you a limited, non-exclusive, non-sub licensable and non-transferable right to use only the executable version (no source code) of the Service application for your private use. The Service comprises the relevant application that enables you to use the Service. You affirm that you have not been previously suspended or removed from the Service. You may not sell or charge others for the right to use Your Account, or otherwise transfer Your Account.
If you download an application for accessing the Service, You may not use such application for any purpose other than the permitted access to the Service. You understand that for reasons that include, without limitation, system security and stability, Service may need to automatically update, pre-load, create new versions or otherwise enhance the application and accordingly, the system requirements to use the application may change over time. This Agreement does not entitle you to future updates, new versions or other enhancements of the application although All Star Trainers may choose to provide such updates etc., in its sole discretion.Without limiting any other remedies, All Star Wellness/All Star Trainers may limit, suspend, terminate, modify, or delete Accounts or access to the Service or parts thereof if You fail to comply, or if All Star Wellness/All Star Trainers suspects such failure, with the Terms or for any actual or suspected illegal or improper use of the All Star Trainers services, without notice to You. You may lose, as a result of termination or limitation of your right to use the Service, any additional content (as defined here below) or other material associated with your use of the Service, and All Star Wellness/All Star Trainers is under no obligation whatsoever to compensate You for any such losses or results.
You are solely responsible for all your use of the Service and for the security of your equipment. You may not reveal, share or otherwise allow others to use your password, or use passwords of others. You agree that you are personally responsible for the use of your account, and for all of the communication and activity in connection with the Service resulting from the use of your account.
1. USE OF CONTENT
Except as we specifically agree in writing, no Content from any ASTC Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the ASTC Site, except that where an ASTC Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of ASTC Sites is prohibited.
You may interact with wellness coaches or users through the Service and submit messages, connect with friends or comment, like or share posts and or other content to the Service (“User Content”). ASTC does not have any duty to monitor any User Content. However, ASTC shall have the right (but not the obligation) to remove any User Content that fails to comply with the Terms. You are solely responsible for any User Content posted, uploaded, transmitted, stored or otherwise made available through the Service using Your Account. You acknowledge that use of the Service (including submitting User Content) may be subject to certain laws, regulations, conditions and restrictions.
ASTC does not claim ownership to any User Content but You grant to ASTC a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, deliver, adapt (for technical purposes such as size and resolution scaling) and otherwise exploit any and all User Content that You have submitted to the Service for the purposes of providing the Service including deliver and communicate the User Content to third parties as per your request. You also grant each recipient, to whom you have addressed any User Content submitted by you in the Service, a non-exclusive license to access such User Content through the Service.
ASTC respects the intellectual property rights of others. In accordance with applicable laws, we strive to expeditiously remove any infringing material from our site. If ASTC becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws. If you believe that anything on the Service infringes any copyright that you own or control, you may file a notice of such infringement to support our email at [email protected]
4. Public Forums and Communication
You are and shall remain solely responsible for the Submissions you Distribute on or through any ASTC Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute. The following Rules of Conduct apply to the ASTC Sites. By using the ASTC Sites, you agree that you will not Distribute any Submission that:
It is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is,or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; It is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” as those terms are commonly understood and used on the Internet.
5. Sales Policy
The purchase of all digital products, ebooks, pdf downloads and online content is subject to the following terms and conditions. All customers are advised to review these terms and conditions carefully before making any purchase.
• All digital products, ebooks, pdf downloads, resource material, videos and online content are subject to copyright protection. Each digital product, ebook, pdf download and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords) they purchased to any third party or person. In some cases, All Star Trainers may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital products to ensure additional safety.
• All transactions for purchase of intangible products, ebooks, pdf downloads, resource material, videos and online content are made through payment gateways such as PayPal that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.
• In case you are not redirected back to our website after purchase or you do not receive an email from us with a link to the product of your purchase, you can immediately contact us with your transaction details, including the email ID through which the payment was made. We will revert back to you with your product details and download link as soon as possible.
• All purchases for digital downloads made on www.allstartrainers.com are non-refundable or exchangeable. Since the products made available here are intangible, we cannot accept any request for refunds. In the case where a purchase error is made please contact us via [email protected] to discuss a resolution.
• By placing an order with All Star Wellness/All Star Trainers, you warrant that you are at least 18 years old (or have parents’ permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed at ASTC for the sale and supply of any products. None of these terms & conditions affect your statutory rights. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.
All transfers conducted through ASTC are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.
As all of our products are digital they are deemed “used” after download or opening. This unfortunately means we have a strictly no refund policy in regards to dissatisfaction with product. Please contact [email protected] to see how we can remedy any problems you may have with this.
6. Intellectual property
The Service (including the related software and media), the design of the Service and associated content including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (“ASTC Property”) are owned by or licensed to All Star Trainers, subject to copyright and other intellectual property rights under laws and international conventions. Except as expressly provided in these Terms, ASTC does not grant any express or implied rights to use ASTC Property. ASTC may make available to users, for free or upon payment, additional content in the Service, such as videos or pictures or coaching (“Additional Content”).You are hereby granted a limited, non-exclusive, non-sub licensable and non-transferable license to access and use the ASTC Property and Additional Content only in connection with the usage of the Service. Any use of the Service, ASTC Property or Additional Content other than as specifically authorized in the Terms, is prohibited and will terminate the license to use the same. For avoidance of doubt, You have no right to make available to third parties any content originating from the Service.
The Service may contain links to websites or applications operated by third parties or feature content which is made available in third-party services and enable you to access and use certain third-party services. Use of any web sites or applications operated by third parties, third-party services and/or content in third-party services shall be subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available.ASTC assumes no responsibility for such third-party services and/or content in third-party services.
8. Service Costs
The Service and any Additional Content shall be available to you upon the payment of the relevant fees stated in connection with the service. By placing your order concerning your use of the Service during the applicable billing period or purchasing any Additional Content, and providing a payment method, You authorize Us to charge you at the applicable fees in accordance with All Star Wellness/All Star Trainers recurring billing schedule. Save for your statutory right to cancel your order, payments are non-refundable and there are no refunds or credits for partially used billing periods. If you want to cancel your order concerning your use of the Service, You must cancel at the app store or send All Star Wellness/All Star Trainers a written notice of cancellation within 7 days of concluding the agreement with Us concerning your use of the service. You may send the notice of cancellation by email to [email protected] with all the information that was provided in the order.
All Star Wellness/All Star Trainers shall have no obligation to provide support or maintenance for the Service under this agreement. All Star Wellness/All Star Trainers may, at its sole discretion, provide limited technical support for the Service. You understand that the Service is an evolving one. As long as your license for the service is valid you are entitled to upgrades or updates of the service. All upgrades and updates are provided to you on a license exchange basis. You agree that by using an upgrade or update you voluntarily terminate your right to use any previous version. All Star Trainers may license upgrades and updates to you with additional or different terms. You may need to update third party software and/or upgrade your equipment from time to time in order to use the Service. To the maximum extent permitted by applicable law, except as provided above, To the maximum extent permitted by applicable law, except as provided above, All Star Wellness/All Star Trainers makes no warranty or representation either expressed or implied with respect to the service, its quality, performance or fitness for a particular purpose. The service and all content is provided to you strictly on an “as is” Basis, except in cases where defects have rendered use of the service is impossible. makes no warranty or representation either expressed or implied with respect to the service, its quality, performance or fitness for a particular purpose. The service and all content is provided to you strictly on an “as is” Basis, except in cases where defects have rendered use of the service is impossible.
10. Liability Information
You understand and acknowledge that All Star Wellness/All Star Trainers will not be liable for any network-related problems attributable to the operation of the Service and that network configuration changes may affect the system’s performance. You acknowledge and agree that All Star Wellness/All Star Trainers shall have no liability arising from your use of the service, a set forth herein. You are only right or remedy regarding any problems or dissatisfaction with the service is to uninstall or discontinue the use of the service. However without prejudice your statutory rights as a consumer. All Star Wellness/All Star Trainers shall in no case be liable for any personal injury or death related to use of the service or for any direct, indirect, special or consequential damages arising out of the use of or inability to use the service, even if All Star Wellness/All Star Trainers has been advised of the possibility of such damages. In no event shall the maximum liability of All Star Wellness/All Star Trainers exceed the total amount of service fees, paid by you to All Star Trainers. You specifically acknowledge that All Star Wellness/All Star Trainers shall not be liable for content provided by third parties or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the rests entirely with you. Some jurisdictions may not allow limitations of liability, so the foregoing limitation may not apply to you.
All Star Wellness/All Star Trainers shall have the right too, at it’s sole discretion, decide upon provision of the Service and making it available to you and reserves the right to discontinue any aspect of the Service at any time. These Terms are in effect for the time being. Your right to use the Service continues until your right to use the Service is terminated. You may terminate your right to use the Service at any time by ceasing to use the Service. Your right to use the Service will automatically terminate if you fail to comply with the material terms of the Terms. In such cases You will not be entitled to any refund.
13. Disputes & Contact
All disputes relating to the Service and the Terms shall be settled according to the United States laws. These Terms shall be governed by and shall be construed in accordance with the laws of United States excluding its choice of law provision.
This Agreement commences on the Effective Date and continues thereafter until terminated as set forth in this Agreement. The term of your paid Services subscription will start immediately on the date you sign up for a paid subscription and will continue on a month-to-month basis thereafter for monthly subscriptions and 6 months to 6 months for semi-annual subscriptions and a year-to-year basis thereafter for annual subscriptions, until terminated by either party in accordance with this Agreement. Unless you terminate your subscription before the end of your then-current subscription term, your subscription will continue to automatically renew for successive terms of the same duration (i.e. monthly, semi-annually or annually) and your payment method will be charged for each such renewal at the subscription fee in effect at the time of that renewal.
We may suspend your right to access or use any portion or all of the Services immediately upon notice to you if we determine: (a) your use of or registration for the Services may subject us, our affiliates, or any third party to liability or may adversely impact the Services or the systems or content of any other Anytime Health customer; (b) you are in breach of this Agreement, including if you are delinquent on your payment obligations for more than 30 days; or (c) you are a business and have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding. If we suspend your right to access or use any portion or all of the Services you remain responsible for all fees you have incurred through the date of suspension and for any applicable fees for any Services to which you continue to have access. Our right to suspend your right to access or use the Services is in addition to our right to terminate this Agreement pursuant to our terms of service.
You may terminate this Agreement at any time and for any reason by using the subscription screen in the account menu or using similar functionality that we may provide within the Services. We may terminate this Agreement at any time and for any reason by providing you 15 days advance notice. We may also terminate this Agreement immediately, without notice or liability, if we determine in our sole discretion that: (i) you have breached any portion of this Agreement; (ii) your use of, or access to, the Services violates any applicable law, rule or regulation or otherwise inhibits any other user from using or accessing the Service; (iii) the reasons for suspension in Section 4.2 will not be cured; (iv) our relationship with a third party partner who provides software, content, data, or other technology we use to provide the Services expires, terminates or requires us to change the way we provide part of the Services; (v) the Services could create a substantial economic or technical burden or material security risk for us; or (vi) our provision of any of the Services to you has become impractical or unfeasible for any legal or regulatory reason.
Effect of Termination
Upon termination of this Agreement, your rights to use the Services terminate and you remain responsible for all fees you have incurred through the date of termination. We have no obligation to refund to you any prepaid fees. You must uninstall any of our software associated with the Services
Use of Data
You agree that All Star Wellness/All Star Training Center Inc./All Star Trainers Inc. may use, disclose, market, license and sell Aggregate Data for any purpose without restriction, that All Star Wellness Inc/All Star Training Center Inc./All Star Trainers Inc. owns the Aggregate Data and that you have no interest in the Aggregate Data, or in the proceeds of any sale, license, or other commercialization thereof. “Aggregate Data” shall mean data collected in and generated from the Services during your use of the Products and Services that does not include individuals’ names, exact dates of birth, email addresses, or street addresses.
You will not do anything in connection with your use of the Services to compromise the integrity or confidentiality of anyone’s personal information or health information and will immediately notify All Star Wellness Inc./All Star Training Center Inc./All Star Trainers in the event you become aware of anything or anyone which or who might be acting in a way that might compromise the integrity or confidentiality of any user’s personal information or health information. Do not include any personal information or health information in any transmission you make using the Services.
If you use the services and website to train clients you represent and warrant that you are a licensed or certified professional in physical therapy, exercise physiology, personal training or similar discipline and that you intend to provide services to others using the Services. In connection with such use, you further represent and warrant that you: (a) are appropriately licensed under the laws of the state or local jurisdiction where you provide services; (b) are qualified to provide services using the Services; (c) understand that the Services are designed and intended for use only under the guidance and supervision of qualified professionals and are not intended for unsupervised personal or recreational use, (d) will ensure that anyone you use the Services with is physically and mentally able to use the Services, and knowingly accepts and has full awareness of all risks associated with the use of the Services, and (e) will indemnify and hold harmless All Star Wellness Inc./All Star Training Center Inc./All Star Trainers, its directors, officers, agents, successors and assigns, from and against any and all liabilities, costs, damages and expenses (including, without limitation, attorneys’ fees and associated costs) resulting from or attributable to any and all acts or omissions by you in the course of providing any services utilizing the Services. You also certify that you fully understand the principles of prescribing safe exercise programs.
You may only submit information using the Share feature that you have a right to share and to permit us to share or republish in the manner described in this Agreement. You are responsible for your own conduct and the contents of any Submission you make. PUBLIC Submissions: If you flag the Submission as PUBLIC, you hereby: (a) grant All Star Training Center Inc./All Star Trainers Inc. a perpetual, irrevocable, worldwide, non-exclusive, fully-paid, royalty-free, and fully sub-licensable and transferable license to use reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly perform, publicly display, or otherwise exploit the Submission (or any part of it), and (b) irrevocably consent to the association of your name and likeness with the Submission (or any part of it). You agree that this license includes a right for All Star Training Center Inc./All Star Trainers Inc. to make such Submission available to other companies, organizations or individuals regardless of whether All Star Training Center Inc./All Star Trainers Inc. has relationships with them. Except as required by law, All Star Training Center Inc./All Star Trainers Inc. may trade, barter and/or sell any Submission, or any part of a Submission, and has no obligation to compensate you or provide you notice, regardless whether it receives anything of value for your Submission.
NON-PUBLIC Submissions: If you flag the Submission as NON-PUBLIC, you hereby: (a) grant All Star Training Center Inc./All Star Trainers Inc. a perpetual, irrevocable, worldwide, non-exclusive, fully paid, royalty-free, and fully sub-licensable and transferable license to reproduce, modify, adapt, translate, distribute publish, create derivative works from, publicly perform, publicly display, or otherwise exploit the Submission (or any part of it), and (b) irrevocably consent to the association of your name and likeness with the Submission (or any part of it). However, so long as the Submission is NON-PUBLIC, All Star Training Center Inc./All Star Trainers Inc. shall endeavor to limit distribution of the Submission only to members of the Services that you select, or members selected by members you select or that are selected by other selected members.
By making your Submission, you authorize anyone with whom your Submission is shared (by you or by others) to flag your Submission as PUBLIC, on your behalf. If you don’t want to authorize others to flag your Submission as PUBLIC on your behalf, don’t share it using the Share feature.
Print and Receive Workout Features
Use of the term “Print” does not refer to paper printing, but rather to use of a function of All Star Wellness Inc./All Star Training Center Inc./All Star Trainers Inc.that creates a Submission and transmits to others such Submission or links to such Submission. The Print feature permits you to submit one or more Submissions for us to share with others, either permanently, or for a limited period of time. When you use the Print feature, we will send the recipient links to the Submission. You may not download and reproduce or electronically post the Submission in PDF or any other form. You may not alter or remove any portion of the Submission produced by the Print feature, including, without limitation, the copyright notices. The information you receive using the Receive feature may contain content submitted that you find offensive or may contain instructions that are or could be harmful if followed. You take full responsibility for your use of the content you have received using the Receive feature, and for any harm that it may cause to you or a third party.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRINT OR RECEIVE FEATURE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURSELF, YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, RESULT IN INCREASED HEALTH OR WELLNESS, NOT CAUSE INJURY, BE UNINTERRUPTED, ACCURATE, COMPLETE, ERROR FREE, FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. IN ADDITION, All Star Training Center Inc./All Star Trainers Inc. MAKES NO REPRESENTATIONS REGARDING: (A) THE CREDENTIALS OF ANYONE USING THE SERVICES OR MAKING A SUBMISSION AS PART OF ANY HEALTH CARE OR MEDICAL PLAN OF CARE OR PLAN OF TREATMENT (“POC”); (B) THE SUITABILITY OF THE EXERCISES INCLUDED IN ANY SUCH POC; (C) THE VIABILITY, MEDICAL SOUNDNESS OR EFFICACY OF ANY SUCH POC; OR (D) THE OVERALL HEALTH OR MEDICAL BENEFITS YOU MIGHT DERIVE FROM USING THE SERVICES, SUBMISSION OR POC WHICH INCORPORATES THE SERVICES AND/OR SUBMISSION.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY IN ALL CASES. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND ANYTIME HEALTH’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
All Star Wellness Inc./All Star Training Center Inc./All Star Trainers ARE NOT A LICENSED HEALTH CARE PROVIDER AND IS NOT IN THE BUSINESS OF PRACTICING MEDICINE OR PROVIDING ANY OTHER PROFESSIONAL HEALTH CARE OR MEDICAL ADVICE. YOU SHOULD SEEK THE ADVICE OF QUALIFIED, LICENSED PROFESSIONALS FOR ANY MEDICAL CARE NEEDS YOU HAVE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
Limitations of Liability
NEITHER All Star Wellness Inc./All Star Training Center Inc./All Star Trainers NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICES, OR RELIANCE ON THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY ANYTIME HEALTH OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT.
THE AGGREGATE LIABILITY OF All Star Wellness Inc./All Star Training Center Inc./All Star Trainers AND ITS AFFILIATES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICES, OR RELIANCE ON THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION IN AN AMOUNT NOT TO EXCEED THE AGGREGATE SERVICE FEES ACTUALLY RECEIVED BY All Star Wellness Inc./All Star Training Center Inc./All Star Trainers FROM YOU DURING THE TWO (2) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES OCCURRED.
NEITHER All Star Wellness Inc./All Star Training Center Inc./All Star Trainers NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICES, OR RELIANCE ON THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF All Star Wellness Inc./All Star Training Center Inc./All Star Trainers OR ITS CONTENT PROVIDERS, AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations or exclusions may not apply in all cases.
You will defend, indemnify, and hold harmless All Star Wellness Inc./All Star Training Center Inc./All Star Trainers and its affiliates, and each of their respective employees, officers, directors, members, and representatives from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services (including any activities under your account); (b) your Submission; (c) your breach of any of your obligations under this Agreement of any of the representations or warranties made in this Agreement; or (d) violation of applicable law. We will promptly notify you of any claim subject to this AGREEMENT, but our failure to promptly notify you will only affect your obligations under this AGREEMENT to the extent that our failure prejudices your ability to defend the claim. You may: (a) use counsel of your own choosing (subject to our written consent) to defend against any claim; and (b) settle the claim as you deem appropriate, provided that you obtain our prior written consent before entering into any settlement. We may also assume control of the defense and settlement of the claim at any time.
Modifications to the Agreement
We may modify this Agreement (including any Policies) at any time by posting a revised version on the iplay4work.com website or by providing notice to you as set forth in this Agreement. The modified terms will become effective upon posting. By continuing to use the Services after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check the iplay4work.com regularly for modifications to this Agreement.
Confidentiality of Our Information
You may use All Star Wellness Inc./All Star Training Center Inc./All Star Trainers Confidential Information only in connection with your use of the Services as permitted under this Agreement. You will not disclose All Star Wellness Inc./All Star Training Center Inc./All Star Trainers Confidential Information during the term of this Agreement or at any time following the end of such term. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of All Star Wellness Inc./All Star Training Center Inc./All Star Trainers Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. “All Star Wellness Inc./All Star Training Center Inc./All Star Trainers Confidential Information” means all nonpublic information disclosed by us, our affiliates, business partners or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. All Star Wellness Inc./All Star Training Center Inc./All Star Trainers Confidential Information includes: (a) nonpublic information relating to our or our affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us or our affiliates. All Star Wellness Inc./All Star Training Center Inc./All Star Trainers Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to All Star Wellness Inc./All Star Training Center Inc./All Star Trainers Confidential Information.
Coaches Independent Contractors
Nothing contained in this Agreement shall be deemed to constitute either party being an agent, representative, partner, joint venture or employee of the other party for any purpose. We and you are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other, incur any liability on behalf of the other, nor to direct the employees of the other. As independent contractors, each shall be separately responsible for the payment of their income or other taxes. In addition, each party shall be separately responsible for carrying workers’ compensation insurance on themselves and their employees and agents. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement.
All communications and notices to be made or given pursuant to this Agreement must be in the English language. We may provide any notice to you under this Agreement by means of posting a general notice on our website or by sending a message to the email address then-associated with your account. Notices we provide by posting on our website will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then-associated with your account when we send the email, whether or not you actually receive the email. You may give notice to us at any time by our contact form on the website. You will not assign this Agreement, or delegate or sublicense any of your rights under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns. We may assign this Agreement at any time without your written consent.
Governing Law and Venue
This Agreement shall be governed by the laws of the State of Florida, United States, without giving effect to its conflicts of law principles. For the purpose of resolving conflicts related to or arising out of this Agreement, the parties expressly agree and consent to the exclusive jurisdiction of, and venue in, the federal and state courts in Orlando, Florida United States. You hereby irrevocably consent to the jurisdiction of the state and federal courts within MIAMI, Florida. This Agreement includes the Policies and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control. This Agreement has been prepared in English, and English is the controlling language with respect to all matters concerning this Agreement.
COPYRIGHTS AND TRADEMARKS:
The Services, including but not limited to the Sites, and all materials incorporated in the Services and the Sites (including, but not limited to text, photographs, graphics, video and audio) are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights under laws of the United States and other countries. The copyright proprietors have licensed this Content for private use only and not for public exhibition. Unauthorized copying, editing, exhibition, broadcast or distribution of a copyrighted program can result in severe criminal and civil penalties under U.S. laws. In particular, criminal copyright infringement, including without monetary gain, is investigated by the FBI and is punishable by up to 5 years in prison and a fine of $250,000.
Some of the characters, logos or other images incorporated by All Star Wellness Inc./All Star Training Center Inc./All Star Trainers, on the Services and the Sites are also protected as registered or unregistered trademarks, trade names and/or Service marks owned by All Star Wellness Inc./All Star Training Center Inc./All Star Trainers (“Trademarks”).