Terms of Service

TERMS OF SERVICE

BY PURCHASING THIS SERVICE YOU (HEREIN REFERRED TO AS “CUSTOMER”) AGREE TO THE FOLLOWING TERMS STATED HEREIN.

Overview

The terms “we,” “us,” and “our” refer to Eldergym LLC. The term the “Site” refers to eldergymacademy.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.

Service

Eldergym Academy is a membership site for online training, courses, resources and other content relating to senior fitness (the “Service”).

Use of eldergymacademy.com, including all materials presented herein and all online services provided by Eldergym LLC, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Parties agree that the Service is in the nature of education. The scope of services provided by Eldergym LLC according to this Agreement are limited to those listed on eldergymacademy.com website. Eldergym LLC reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.

Account Creation

In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Eldergym LLC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

Lawful Purposes

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law

Refusal of Service

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. We reserve the right to remove the accounts held by any individuals representing companies that offer a similar or directly competing Service.

Order Confirmation

We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Duration of Agreement

Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Eldergym LLC when there are reasonable delays in the access of the Service.

Eldergym LLC reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.

Lifetime Access is for the lifetime of the Service. If for any reason, Eldergym LLC should dissolve or cease to exist, then your access to the Service terminates.

If you are paying on a monthly subscription this allows you access to the Service for 30 days. Failure to pay your monthly subscription payment will result in access to the Service being stopped.

For annual subscriptions you will receive 365 days access. You may cancel the automatic renewal of your annual subscription at any time and your access to the Site will end at the end of the current contracted term.

Cancellations & Refunds

We offer a 30 day money back guarantee should you be unhappy with the Service in your first month of membership. To request a refund please contact support at https://eldergymacademy.com/support or email support@eldergymacademy.com.

You may also cancel your monthly subscription at any time via your account page, but due to the nature of the Service no refunds will be made for any membership fees already paid, excluding the 30 day money back guarantee as stated above.

Once you cancel you will no longer have access to the Service, including all content and community resources, once your current membership period is completed.

The 30 day refund period only applies to your first subscription and cannot be used more than once.

No partial refunds are given should you terminate an annual subscription before your renewal date, however you will retain access to the Service until the end of your annual payment term.

It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.

Product Description

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Material You Submit to the Site

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

As a feature of the Service, Eldergym LLC may provide access to a community or social media platforms in conjunction with the Service. Eldergym LLC  is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.

You agree that your use of these community and social media platforms is a privilege and Eldergym LLC may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Eldergym LLC will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Eldergym LLC is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Eldergym LLC’s brand and image integrity.

Intellectual Property Rights to Your Materials

We claim no intellectual property rights over the material you supply to Eldergym LLC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Eldergym LLC remains yours to the extent that you have any legal claims therein. You agree to hold Eldergym LLC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by Eldergym LLC for promotional, business development, and marketing purposes, without compensation to you.  We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.

Our Intellectual Property

The Site and Service contain intellectual property owned by Eldergym LLC, including trademarks, copyrights, proprietary information, and other intellectual property. Eldergym LLC’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Eldergym LLC’s copyrighted materials shall remain the sole property of Eldergym LLC. No license to sell or distribute our materials is granted or implied.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Limitations of Liability

The Service is offered on an “as is,” “where is,” and “where available” basis, with no warranty of any kind — whether express, implied, or statutory — including, but not limited to, warranties of title or the implied warranties of merchantability or fitness for a particular purpose. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

Customer acknowledges that neither Company, its affiliates, nor any of their respective employees, agents, third parties, or licensors warrant that the Service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Service, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information provided through the Service.

Customer understands that Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding your fitness, strength, balance, endurance, or any results of any kind. Customer agrees that its results are dependent on various factors including but not limited to, fitness level, cognition, medical issues, skill, knowledge, ability, dedication, and in no way dependent on any information Company provides to Customer.

Except as specifically provided in this agreement or where the law requires a different standard, you agree that Company is not responsible for any loss, property damage, or bodily injury, caused by use of the Service. To the maximum extent permissible under applicable law, Company will not be responsible to Customer or any third party claims through Customer for any direct, indirect, special or consequential, economic or other damages arising in any way out use of the Service.

This service is intended to provide general information regarding exercises for seniors and the elderly. Physical Therapists in the State of Arizona cannot give specific information to a customer about their healthcare without a prescription and an evaluation. All information will be a general recommendation for the customer to consider and discuss with their physician. Any customer questions or concerns should be directed to the customer’s physician.

The content and materials contained in this service are provided for general information purposes only and do not constitute medical or other professional advice on any subject matter. Always consult your doctor before undertaking a new exercise program or otherwise increasing your activity level.

The Company cannot be held responsible for any error, omission or dated material in this service. In no way are there any expressed or implied representations by Company, its directors or employees that this content, materials and information constitute or are to be a substitute for medical advice or guidance by a qualified doctor or medical professional regarding specific medical complaints, issues, conditions or diagnoses. Company, its directors and employees do not accept any responsibility for any loss which may arise from reliance on information contained in this service.

The Company is not liable for any damage or injury or other adverse outcome of applying the information in this service in an exercise program carried out independently or under the care of a licensed trainer or practitioner. If you have questions concerning the application of the information provided in this service, consult your doctor. Please consult your doctor before beginning an exercise program or otherwise increasing your activity level.

The Company respects the Customer’s privacy and insists that the Customer respects the Company’s and the other Service Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by the Company, any representative of the Company, or the Participants is confidential, proprietary, and belongs solely and exclusively to the Party who discloses it. All Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, from the forum or otherwise.

Customer agrees not to use such confidential information in any manner other than in discussion with the Company or other Participants during the Retreat. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.

Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. The parties understand that the other may release Confidential Information when release is necessary to comply with law.

Further, Customer agrees that if they violate or display any likelihood of violating this section the Company and/or the other Participant will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

Non-Disclosure of Materials

Material given to Customer in the course of Customer’s work with the Company is proprietary, copyrighted and developed specifically for Company. Customer agrees that such proprietary material is solely for Customer’s own personal use. Any disclosure to a third party is strictly prohibited.

No Transfer of Intellectual Property

The Service is copyrighted and the original materials that have been provided to Customer are for Customer’s individual use only and a single-user license. Customer is not authorized to use any of Company’s intellectual property for Customer’s business purposes. All intellectual property, including Company’s copyrighted Service, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.

Customer agrees that if Customer violates, or displays any likelihood of violating, any of Customer’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

Customer Responsibility

Customer accepts and agrees that Customer is fully responsible for their progress and results from the Service. Company makes no representations, warranties or guarantees verbally or in writing regarding Customer’s performance. Customer understands that because of the nature of the Service and extent, the results experienced by each customer may significantly vary. Customer acknowledges there is no guarantee that Customer will reach their goals as a result of participation in the Service.

Force Majeure

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

Severability/Waiver

If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

Miscellaneous

A) Limitation of Liability. Customer agrees they used the Service at their own risk and that the Service is only an educational service being provided. Customer releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Customer accepts any and all risks, foreseeable or unforeseeable.

Customer agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Service or enrollment in the Service. Customer knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death Customer may sustain as a result of participating in the Service.

Customer further declares and represents that no promise, inducement or agreement not herein expressed has been made to Customer to enter into this release. The release made pursuant to this paragraph shall bind Customer’s heirs, executors, personal representatives, successors, assigns, and agents.

B) Non-Disparagement. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of its services, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

C) Assignment. This Agreement may not be assigned by the Customer. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.

D) Termination. Company is committed to providing all Customers in the Service with a positive experience. Customer agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Customer’s access to the Service without refund or forgiveness of annual payments if Customer becomes disruptive to Company or Participants, difficult to work with or upon violation of the terms as determined by Company. Customer will still be liable to pay the total contract amount.

E) Indemnification. Customer shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Service, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Customer shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Customer recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.

F) Governing Law/Venue. All disputes regarding the construction, interpretation and parties’ obligations under this Agreement will be governed by and construed in accordance with the city of Mesa, Arizona, USA, notwithstanding any of that city’s laws to the contrary, regardless of the location of the Engagement. The venue and jurisdiction for the resolution of any such dispute are the courts in the city of Mesa, Arizona, USA. Company agrees to abide by all applicable local laws. If Company brings a claim for unpaid fees, Customer shall pay all court costs, attorney fees.

G) Equitable Relief. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

H) Notices. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: douglas@eldergym.com

I) Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Eldergym LLC

P.O. Box 13943

Mesa, AZ 85216

USA

BY PURCHASING THIS SERVICE, I HAVE READ AND AGREE TO THE WORKING AGREEMENTS ABOVE.

Updated: December 2019

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