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Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously and comply with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). If you believe that any material accessible on or from this site (the “Application”) infringes your copyright—including user-generated content such as photos, videos, or instructional materials posted in groups or by fitness professionals—you may request removal of such material by submitting a written notification to our designated copyright agent, identified below.
To be effective under the DMCA, your written notice (the “DMCA Notice”) must include substantially the following:
Designated Copyright Agent
Copyright Agent
Mind-Muscle Connection, LLC
119 Lancha Circle, Apt. 201
Indian Harbour Beach, FL 32937
Phone: 321-323-9102
Email: contact@mind-muscleconnection.com
If you fail to comply with all of the requirements set out in Section 512(c)(3) of the DMCA, your notice may not be effective.
Please be aware that if you knowingly and materially misrepresent that content on the Application is infringing your copyright, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on the Application was removed or access to it was disabled by mistake or misidentification, you may file a counter notification (“Counter Notice”) by submitting a written notice to the same copyright agent listed above.
To be effective under the DMCA, a Counter Notice must include substantially the following:
The DMCA permits us to restore the removed content if the party filing the original DMCA Notice does not file a court action within ten business days of receiving a copy of your Counter Notice. However, please note that the decision to restore any content is at our sole discretion.
Please be aware that if you knowingly and materially misrepresent that content was removed or disabled by mistake or misidentification, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers
In accordance with the DMCA and our Terms of Use, it is our policy, in appropriate circumstances, to disable or terminate the accounts of users who are repeat infringers. We reserve the right to take this action in our sole discretion and in accordance with our enforcement procedures set forth in the Application Terms of Use. We do not have to wait for multiple offences to take this action, but may take it upon a single offense.
This Application End User License Agreement (“Agreement“) is a binding agreement between you (“End User” or “you“) and Mind-Muscle Connection, LLC (“Company“). This Agreement governs your use of the Mind-Muscle Connection App (including all related documentation, the “Application“). The Application is licensed, not sold, to you.
BY CLICKING THE “AGREE” BUTTON, DOWNLOADING, INSTALLING, or USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR DEVICE.
Users may be able to select from available payment schedules for Recurring Access Fees at the time of enrollment. If payment fails or is not completed, access to the relevant Group or Paid Feature may be suspended or terminated until payment is successfully processed. By purchasing any Paid Feature, you authorize the Company (or its payment processor) to charge your designated payment method for the applicable fee and any associated taxes. The Company may, in its discretion, offer limited-time discounts or trial access to certain Paid Features. Upon expiration of a trial period, standard fees will apply unless the user cancels access before the renewal or payment date. All fees are non-refundable except as expressly stated in the Company’s refund policy or required by law. The Company reserves the right to modify its fees, billing policies, or refund terms at any time upon reasonable notice to users. Continued use of the Application or any Paid Feature following notice of a fee change constitutes agreement to the updated pricing. You are solely responsible for maintaining accurate payment and billing information in your account settings.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
All advice, programs, services, and information made available through the Application—whether provided by Fitness Professionals, Fitness Facility, users, or third parties—is for general informational purposes only. The Company does not warrant or guarantee the safety, effectiveness, accuracy, or appropriateness of any advice, recommendations, programs, or services made available through the Application, nor does it endorse or recommend any particular facility, professional, or training methodology.
The Company does not verify, endorse, or guarantee the credentials, certifications, qualifications, licenses, or experience of any Fitness Professional or Fitness Facility listed on or accessed through the Application. It is your sole responsibility to evaluate the competence, suitability, and background of any Fitness Professional or Fitness Facility before engaging in any activity, service, or program they offer.
You are solely responsible for evaluating your physical health, determining the suitability of any activity, and consulting with a qualified healthcare provider before beginning any new fitness or health-related program. You assume full responsibility for any injury or harm that may result from your participation in any activity or reliance on any information made available through the Application.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Last Modified: 09/27/2024
Acceptance of the Fitness Facility Terms of Use
These Application Fitness Facility Terms of Use are entered into by and between You and Mind-Muscle Connection, LLC (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Fitness Facility Terms of Use“), govern your access to and use of the Company’s Application, including the Application located at https://mind-muscleconnection.com, including any content, functionality, and services offered on or through https://mind-muscleconnection.com (the “Application“), whether as a guest or a registered user. If you register as a Fitness Facility, you acknowledge that your use of the Application is also governed by the Application’s normal Terms of Use and any additional guidelines, requirements, Yeah or agreements we may implement, and incorporated herein by reference.
Please read the Fitness Facility Terms of Use carefully before you start to use the Application. By using the Application or by clicking to accept or agree to the Fitness Facility Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Fitness Facility Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Fitness Facility Terms of Use or the Privacy Policy, you must not access or use the Application.
This Application is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Application, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application.
The Company is based in the State of Florida in the United States, and we provide this Application for use only by individuals located in the United States and its territories. We make no claims that the Application or any of its content is accessible, lawful, or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries, and the Company disclaims all responsibility for any use of the Application that violates applicable law in a foreign jurisdiction.
If you access the Application from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. You further agree that your use of the Application will not subject the Company to the laws or jurisdiction of any country or territory other than those of the United States, but will subject you to the laws of the United States and the state of Florida.
Geographic Restrictions
The owner of the Application is based in the State of Florida in the United States. We provide this Application for use only by persons located in the United States. We make no claims that the Application or any of its content is accessible or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Independent Platform User Acknowledgment
Fitness Facility acknowledges and agree that they are professional users of the Application and not employees, agents, partners, joint venturers, franchisees, or contractors of the Company. Use of the Application to offer services does not create any employment, agency, partnership, joint venture, or other formal business relationship between the Fitness Facility and the Company. Fitness Facility acts independently and are solely responsible for their own business operations, taxes, insurance, and compliance with all applicable federal, state, and local laws, including those related to the provision of fitness or wellness services.
Fitness Facility Representations and Warranties
If you register or use the Application as a Fitness Facility, you represent, warrant, and agree that:
Facility Access and Use Policies
The Facility agrees to maintain a safe, sanitary, and professionally managed environment for all clients, users, and guests who access its premises through the Application. Without limiting the foregoing, the Facility expressly agrees to the following:
The Facility acknowledges that failure to maintain lawful, safe, and accessible premises may result in the suspension or removal of its listing from the Application, and may subject the Facility to further action in accordance with these Terms of Use.
Client Safety and Professional Conduct
As a Fitness Facility using the Application, you agree that you are solely responsible for evaluating the health, physical condition, and suitability of each client or user before providing any fitness-related services or guidance. You will not provide services that exceed your certifications, licenses, or qualifications, and you will refrain from offering medical, therapeutic, or nutritional advice unless you are duly licensed to do so under applicable law. You agree to advise all clients to consult with a licensed medical professional before beginning any new exercise, training, or wellness program.
You further agree to conduct yourself in a professional, respectful, and responsible manner at all times. Specifically, you agree to:
Violation of these standards may result in suspension or termination of your account, removal of your content, and other actions deemed appropriate by the Company in its sole discretion.
Insurance Requirements
You agree to maintain, at your own expense, appropriate liability insurance coverage for the services you provide through the platform, including general liability and (if applicable) professional liability insurance.
Non-Solicitation of Platform Clients
Fitness Facility agrees not to solicit, divert, or attempt to circumvent the platform by offering or accepting payments outside of the platform from any user they met or interacted with through the Application. This restriction applies during the time they use the platform and for six (6) months thereafter. Violation of this clause may result in immediate termination of access, forfeiture of any outstanding compensation, and legal action.
Payment Terms
The Application may offer or facilitate online payment tools for users to purchase services, subscriptions, digital content, or other offerings from Fitness Facility through the platform. All payments made through the Application are subject to the terms set forth in this section.
You acknowledge and agree that any payments for services rendered by a Fitness Facility through the Application must be made through the platform’s designated payment system. Fitness Facility is prohibited from soliciting or accepting payment for services offered on the Application through alternative or unauthorized channels.
The Company may charge a transaction fee, processing fee, or other platform fee for payments made through the Application. The amount of such fee shall be determined by the Company in its sole discretion and may be updated from time to time. The applicable fee will be deducted automatically from the payment made by the client before remittance to the Fitness Facility. By using the Application to offer or purchase services, you agree to the applicable fees in effect at the time of the transaction.
Payments may be processed by the Company directly or by a third-party payment processor. By submitting your payment information, you authorize the Company and its designated third-party processor to process transactions and to store your payment information as necessary to complete the transaction and to comply with applicable law.
Subject to the Company’s standard processing schedules, and provided there are no disputes or holds, payments (less any applicable transaction fees) will be disbursed to Fitness Facility to the payment account they provide. The Company may delay disbursement for purposes including, but not limited to, fraud prevention, dispute resolution, or compliance with legal or regulatory obligations.
Fitness Facility is solely responsible for determining, collecting, reporting, and remitting any and all applicable taxes, duties, or other governmental assessments associated with services provided through the Application. The Company does not provide tax advice and will not be held liable for any tax obligations incurred by users.
All refund and chargeback requests are subject to the Company’s refund policy in effect at the time of the transaction. The Company reserves the right to withhold amounts from disbursement to Fitness Facility to satisfy refund obligations, resolve chargebacks, or otherwise comply with applicable law. Users and Fitness Facility agrees to cooperate in good faith in resolving any disputes arising from payment issues.
The Company reserves the right to change its transaction fees, processing fees, or other charges at any time upon reasonable notice to users. Continued use of the Application following such notice constitutes agreement to the revised fee schedule.
Subscription Billing
From time to time, the Company may offer subscription-based access to certain features, services, or content available on the Application, including ongoing access to Fitness Facility services, digital programs, or exclusive group offerings (“Subscription Services”). If introduced, the following terms will apply:
If you enroll in any Subscription Service, you authorize the Company to automatically charge the payment method on file at the recurring intervals disclosed at the time of purchase (e.g., monthly or annually) until you cancel your subscription in accordance with the applicable cancellation policy.
The Company may, at its discretion, offer limited-time trials or introductory pricing for Subscription Services. Upon the expiration of any trial or promotional period, the full subscription rate will apply unless canceled prior to renewal.
If subscription billing is implemented, users will be able to manage or cancel their subscriptions through their account settings. Unless otherwise stated, cancellations will take effect at the end of the current billing cycle, and no refunds will be issued for partial periods. The Company reserves the right to modify its cancellation and refund policy upon reasonable notice.
Subscription fees may be modified at the Company’s discretion, and users will be notified of any changes in advance. Continued use of the Subscription Services after the effective date of the fee change constitutes agreement to the new pricing.
All subscriptions will renew automatically at the end of each billing cycle unless canceled prior to the renewal date. You are responsible for ensuring that your billing information is current to avoid service interruptions.
Accessing the Application and Account Security
Fitness Facility may be required to provide proof of licensure, certification, insurance, or other qualifications as a condition of account approval or continued use of the Application. We reserve the right to withdraw or amend this Application, and any service or material we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including registered users.
You are responsible for both:
To access the Application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all the information you provide on the Application is correct, current, and complete. You agree that all information you provide to register with this Application or otherwise, including, but not limited to, through the use of any interactive features on the Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Application or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, 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 Fitness Facility Terms of Use.
Compliance with Privacy and Health Information Laws
You agree to comply with all applicable federal, state, and local laws governing the collection, use, storage, and disclosure of personal, health-related, or sensitive information obtained from users through the Application or in connection with your services. If you collect or access any health information that is protected under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or any similar state law, you represent and warrant that you will handle such information in strict compliance with all applicable privacy and security requirements. You further agree not to collect, store, or share any health or medical information unless legally permitted to do so and unless necessary to provide your services.
Any misuse, unauthorized disclosure, or unlawful handling of user information may result in immediate termination of your account and referral to law enforcement or regulatory authorities, in addition to any civil or criminal liability you may incur.
Intellectual Property Rights
The Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Fitness Facility Terms of Use permit you to use the Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Application, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Application or any services or materials available through the Application.
If you wish to make any use of material on the Application other than that set out in this section, please address your request to: contact@mind-muscleconnection.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Application in breach of the Fitness Facility Terms of Use, your right to use the Application will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Application or any content on the Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Application not expressly permitted by these Fitness Facility Terms of Use is a breach of these Fitness Facility Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the terms Mind-Muscle, and all trade names used by the Company and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Application are the trademarks of their respective owners.
User Contributions
The Application may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Application.
All User Contributions are owned by you, and you must comply with the Content Standards set out in these Fitness Facility Terms of Use. If you are a Fitness Facility, you acknowledge and agree that any health, fitness, or wellness information you post, share, or distribute through the Application is your own responsibility and must comply with all applicable laws and industry standards. You further represent that you possess the appropriate qualifications, training, and expertise to provide such content.
Content Responsibility and License
If you are a Fitness Facility and choose to upload, post, submit, or otherwise share User Contributions, including, videos, photos, training materials, workout plans, or any other content through the Application, you retain ownership of your original content. However, by posting or submitting any User Contribution, you hereby grant the Company and its affiliates, service providers, licensees, successors, and assigns a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and otherwise exploit such content in connection with the Application, for marketing, promotional, and commercial purposes in any media format and through any media channels, whether now known or hereafter developed.
Without limiting the foregoing, you specifically grant the Company and its affiliates the right to use, reproduce, display, and distribute any User Contributions that include your name, image, likeness, voice, and biographical details for promotional, advertising, and public-facing media, including use on the Application, in the mobile application, and in digital advertisements. You acknowledge and agree that such uses may occur without further notice to you, approval from you, or compensation to you, and you hereby waive any right to inspect or approve the finished product or the context in which it appears.
You represent and warrant that:
You understand and agree that you are solely responsible for all User Contributions you submit or share, and you, not the Company, assume full responsibility for the legality, reliability, accuracy, and appropriateness of such content. The Company assumes no responsibility and disclaims all liability for any User Contributions posted by you or any other Fitness Facility or user of the platform.
Prohibited Uses
You may use the Application only for lawful purposes and in accordance with these Fitness Facility Terms of Use. You agree not to use the Application:
Additionally, you agree not to:
If you are a Fitness Facility, in addition to the above, you agree not to misrepresent your qualifications, provide medical advice without a license, or solicit clients outside the platform in a manner that violates our terms.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Groups
The Application may allow users to create or participate in user-generated groups (“Groups”) that facilitate communication, coordination, or sharing among users with similar fitness goals, interests, or affiliations. All Groups are considered Interactive Services under these Fitness Facility Terms of Use and are subject to the same standards applicable to User Contributions, including but not limited to the Content Standards and restrictions on unlawful, harmful, or inappropriate content.
Users who create Groups (“Group Creators”) are responsible for the administration, moderation, and content of their Groups. By creating a Group, you agree to:
The Company reserves the right, but does not undertake the obligation, to monitor, review, remove, or disable access to any Group or group-related content at any time, for any reason or no reason, including but not limited to violations of these Fitness Facility Terms of Use, the failure of the Group Creator to monitor activity appropriately, or any other behavior deemed harmful to the Application, its users, or the public. The Company may close any Group at any time and for any reason.
Group Creators may be removed or restricted from creating or managing future Groups if they fail to uphold the responsibilities outlined in this section. The Company shall not be liable for any loss, harm, or damage arising from the creation, use, participation in, or removal of any Group or related content.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Changes to the Fitness Facility Terms of Use
We may revise and update these Fitness Facility Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Application thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Application.
Your continued use of the Application following the posting of revised Fitness Facility Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Changes to the Application
We may update the content on this Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Application may be out of date at any given time, and we are under no obligation to update such material.
Reliance on Information Posted
The information presented on or through the Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Application, or by anyone who may be informed of any of its contents.
This Application may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links from the Application
If the Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Applications linked to this Application, you do so entirely at your own risk and subject to the terms and conditions of use for such Applications.
Linking to the Application and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Application may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. Subject to the foregoing, you must not:
The Application from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Fitness Facility Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Copyright Infringement
If you believe that any content or User Contributions on the Application infringe your copyright, please refer to our Copyright Policy for instructions on how to submit a notice of copyright infringement. The Copyright Policy explains our procedures for addressing alleged infringement. We reserve the right to remove infringing content and the termination of user accounts for offenders. Your use of the Application in relation to any intellectual property is subject to the terms set forth in the Copyright Policy.
Privacy and Data Collection
All information we collect through the Application is governed by our Privacy Policy, which explains how we collect, use, store, and disclose your personal information. By accessing or using the Application, you consent to the practices described in the Privacy Policy. Additionally, users located in jurisdictions with enhanced data protection laws should review our Consumer Health Data Privacy Policy for more information about how we handle sensitive health-related data, where applicable.
Online Purchases
All purchases or transactions made through the Application—including the purchase of goods, services, or access to features—are governed by our Terms of Sale. The Terms of Sale contain important information about pricing, billing, refunds, shipping, and related matters. By placing an order through the Application, you agree to be bound by the Terms of Sale, which are incorporated by reference into these Fitness Facility Terms of Use.
Other Terms and Conditions
Your use of specific portions, services, or features of the Application may also be subject to additional terms and conditions, including but not limited to the following:
These supplemental terms apply based on your role, the services you use, and the platform (web or devise) you access. To the extent any of these additional terms conflict with these Fitness Facility Terms of Use, the more specific agreement shall control as to the subject matter it governs.
Disclaimer of Warranties
You understand and acknowledge that participation in and providing fitness activities—whether conducted at a gym, training studio, or other physical location—carries inherent risks of physical injury, including serious bodily harm or death. The Company provides a digital platform that connects users with independent fitness facilities, gyms, and similar establishments (collectively, “Fitness Facilities”), as well as with personal trainers, coaches, and other professionals (collectively, “Fitness Professionals”).
All advice, programs, services, and information made available through the Application—whether provided by Fitness Facilities, Fitness Facility, users, or third parties—is for general informational purposes only. The Company does not warrant or guarantee the safety, effectiveness, accuracy, or appropriateness of any advice, recommendations, programs, or services made available through the Application, device application, or mobile applications, nor does it endorse or recommend any particular facility, professional, or training methodology.
The Company does not verify, endorse, or guarantee the credentials, certifications, qualifications, licenses, or experience of any Fitness Facility or Fitness Facility listed on or accessed through the Application. It is your sole responsibility to evaluate the competence, suitability, and background of any Fitness Facility or Fitness Facility before engaging in any activity, service, or program they offer.
You are solely responsible for evaluating your physical health, determining the suitability of any activity, and consulting with a qualified healthcare provider before beginning any new fitness or health-related program. You assume full responsibility for any injury or harm that may result from your participation in any activity or reliance on any information made available through the Application.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APPLICATION LINKED TO IT.
YOUR USE OF THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE APPLICATION OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (“Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees (“Claims”) arising out of or relating to your violation of these Fitness Facility Terms of Use or your use of the Application, including, but not limited to, your User Contributions, any use of the Application’s content, services, and products other than as expressly authorized in these Fitness Facility Terms of Use, or your use of any information obtained from the Application. Specifically, any Fitness Facility and/or Fitness Facility agrees to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all Claims arising out of or relating to any interaction, transaction, conduct, act, or omission between any Fitness Facility and/or Fitness Facility and any third party, including but not limited to users of the platform, including arising from your services, advice, representations, or use of the platform.
Governing Law and Jurisdiction
All matters relating to the Application and these Fitness Facility Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Without reducing the obligation to arbitrate disputes, any legal suit, action, or proceeding arising out of, or related to, these Fitness Facility Terms of Use or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Orlando and County of Orange, although we retain the right to bring any suit, action, or proceeding against you for breach of these Fitness Facility Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
Any dispute, controversy, or claim arising out of or relating to these Fitness Facility Terms of Use, or your use of the Application, including disputes concerning their interpretation, breach, validity, performance, or termination, shall be resolved by final and binding arbitration administered by the American Arbitration Association in accordance with its Rules of Arbitration. The arbitration shall be conducted by a single arbitrator in Orlando, Florida, and the proceedings shall be confidential. The arbitrator shall apply the laws of the State of Florida, without regard to its conflict of law principles. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
WAIVER OF CLASS ARBITRATION NOTWITHSTANDING THE OBLIGATION TO ARBITRATE DISPUTES, THE PARTIES AGREE TO ARBITRATE OR LITIGATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING, LITIGATION, OR ANY OTHER PROCEEDING. THE ARBITRAL TRIBUNAL OR COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Fitness Facility Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Fitness Facility Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Fitness Facility Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Fitness Facility Terms of Use will continue in full force and effect.
Entire Agreement
The Fitness Facility Terms of Use, and our Privacy Policy, and Terms of Sale, and Copyright Policy constitute the sole and entire agreement between you and Mind-Muscle Connection, LLC regarding the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Application.
Your Comments and Concerns
This Application is operated by Mind-Muscle Connection, LLC, 119 Lancha Circle, Apt. 201, Indian Harbour Beach, FL 32937.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Application should be directed to: contact@mind-muscleconnection.com.
Last Modified: 09/27/2024
Acceptance of the Fitness Professional Terms of Use
These Application Fitness Professional Terms of Use are entered into by and between You and Mind-Muscle Connection, LLC (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Fitness Professional Terms of Use“), govern your access to and use of the Company’s Application (the “Application“), whether as a guest or a registered user. If you register as a Fitness Professional, you acknowledge that your use of the Application is also governed by the Application’s normal Terms of Use and any additional guidelines, requirements, or agreements we may implement, and incorporated herein by reference.
Please read the Fitness Professional Terms of Use carefully before you start to use the Application. By using the Application or by clicking to accept or agree to the Fitness Professional Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Fitness Professional Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Fitness Professional Terms of Use or the Privacy Policy, you must not access or use the Application.
This Application is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Application, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application.
The Company is based in the State of Florida in the United States, and we provide this Application for use only by individuals located in the United States and its territories. We make no claims that the Application or any of its content is accessible, lawful, or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries, and the Company disclaims all responsibility for any use of the Application that violates applicable law in a foreign jurisdiction.
If you access the Application from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. You further agree that your use of the Application will not subject the Company to the laws or jurisdiction of any country or territory other than those of the United States, but will subject you to the laws of the United States and the state of Florida.
Geographic Restrictions
The owner of the Application is based in the State of Florida in the United States. We provide this Application for use only by persons located in the United States. We make no claims that the Application or any of its content is accessible or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Independent Platform User Acknowledgment
Fitness Professionals acknowledge and agree that they are professional users of the Application and not employees, agents, partners, joint venturers, franchisees, or contractors of the Company. Use of the Application to offer services does not create any employment, agency, partnership, joint venture, or other formal business relationship between the Fitness Professional and the Company. Fitness Professionals act independently and are solely responsible for their own business operations, taxes, insurance, and compliance with all applicable federal, state, and local laws, including those related to the provision of fitness or wellness services.
Fitness Professional Representations and Warranties
If you register or use the Application as a Fitness Professional, you represent, warrant, and agree that:
Client Safety and Professional Conduct
As a Fitness Professional using the Application, you agree that you are solely responsible for evaluating the health, physical condition, and suitability of each client or user before providing any fitness-related services or guidance. You will not provide services that exceed your certifications, licenses, or qualifications, and you will refrain from offering medical, therapeutic, or nutritional advice unless you are duly licensed to do so under applicable law. You agree to advise all clients to consult with a licensed medical professional before beginning any new exercise, training, or wellness program.
You further agree to conduct yourself in a professional, respectful, and responsible manner at all times. Specifically, you agree to:
Violation of these standards may result in suspension or termination of your account, removal of your content, and other actions deemed appropriate by the Company in its sole discretion.
Insurance Requirements
You agree to maintain, at your own expense, appropriate liability insurance coverage for the services you provide through the platform, including general liability and (if applicable) professional liability insurance.
Non-Solicitation of Platform Clients
Fitness Professionals agree not to solicit, divert, or attempt to circumvent the platform by offering or accepting payments outside of the platform from any user they met or interacted with through the Application. This restriction applies during the time they use the platform and for six (6) months thereafter. Violation of this clause may result in immediate termination of access, forfeiture of any outstanding compensation, and legal action.
Payment Terms
The Application may offer or facilitate online payment tools for users to purchase services, subscriptions, digital content, or other offerings from Fitness Professionals through the platform. All payments made through the Application are subject to the terms set forth in this section.
You acknowledge and agree that any payments for services rendered by a Fitness Professional through the Application must be made through the platform’s designated payment system. Fitness Professionals are prohibited from soliciting or accepting payment for services offered on the Application through alternative or unauthorized channels.
The Company may charge a transaction fee, processing fee, or other platform fee for payments made through the Application. The amount of such fee shall be determined by the Company in its sole discretion and may be updated from time to time. The applicable fee will be deducted automatically from the payment made by the client before remittance to the Fitness Professional. By using the Application to offer or purchase services, you agree to the applicable fees in effect at the time of the transaction.
Payments may be processed by the Company directly or by a third-party payment processor. By submitting your payment information, you authorize the Company and its designated third-party processor to process transactions and to store your payment information as necessary to complete the transaction and to comply with applicable law.
Subject to the Company’s standard processing schedules, and provided there are no disputes or holds, payments (less any applicable transaction fees) will be disbursed to Fitness Professionals to the payment account they provide. The Company may delay disbursement for purposes including, but not limited to, fraud prevention, dispute resolution, or compliance with legal or regulatory obligations.
Fitness Professionals are solely responsible for determining, collecting, reporting, and remitting any and all applicable taxes, duties, or other governmental assessments associated with services provided through the Application. The Company does not provide tax advice and will not be held liable for any tax obligations incurred by users.
All refund and chargeback requests are subject to the Company’s refund policy in effect at the time of the transaction. The Company reserves the right to withhold amounts from disbursement to Fitness Professionals to satisfy refund obligations, resolve chargebacks, or otherwise comply with applicable law. Users and Fitness Professionals agree to cooperate in good faith in resolving any disputes arising from payment issues.
The Company reserves the right to change its transaction fees, processing fees, or other charges at any time upon reasonable notice to users. Continued use of the Application following such notice constitutes agreement to the revised fee schedule.
Subscription Billing
From time to time, the Company may offer subscription-based access to certain features, services, or content available on the Application, including ongoing access to Fitness Professional services, digital programs, or exclusive group offerings (“Subscription Services”). If introduced, the following terms will apply:
If you enroll in any Subscription Service, you authorize the Company to automatically charge the payment method on file at the recurring intervals disclosed at the time of purchase (e.g., monthly or annually) until you cancel your subscription in accordance with the applicable cancellation policy.
The Company may, at its discretion, offer limited-time trials or introductory pricing for Subscription Services. Upon the expiration of any trial or promotional period, the full subscription rate will apply unless canceled prior to renewal.
If subscription billing is implemented, users will be able to manage or cancel their subscriptions through their account settings. Unless otherwise stated, cancellations will take effect at the end of the current billing cycle, and no refunds will be issued for partial periods. The Company reserves the right to modify its cancellation and refund policy upon reasonable notice.
Subscription fees may be modified at the Company’s discretion, and users will be notified of any changes in advance. Continued use of the Subscription Services after the effective date of the fee change constitutes agreement to the new pricing.
All subscriptions will renew automatically at the end of each billing cycle unless canceled prior to the renewal date. You are responsible for ensuring that your billing information is current to avoid service interruptions.
Accessing the Application and Account Security
Fitness Professionals may be required to provide proof of licensure, certification, insurance, or other qualifications as a condition of account approval or continued use of the Application. We reserve the right to withdraw or amend this Application, and any service or material we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including registered users.
You are responsible for both:
To access the Application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all the information you provide on the Application is correct, current, and complete. You agree that all information you provide to register with this Application or otherwise, including, but not limited to, through the use of any interactive features on the Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Application or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, 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 Fitness Professional Terms of Use.
Compliance with Privacy and Health Information Laws
You agree to comply with all applicable federal, state, and local laws governing the collection, use, storage, and disclosure of personal, health-related, or sensitive information obtained from users through the Application I or in connection with your services. If you collect or access any health information that is protected under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or any similar state law, you represent and warrant that you will handle such information in strict compliance with all applicable privacy and security requirements. You further agree not to collect, store, or share any health or medical information unless legally permitted to do so and unless necessary to provide your services.
Any misuse, unauthorized disclosure, or unlawful handling of user information may result in immediate termination of your account and referral to law enforcement or regulatory authorities, in addition to any civil or criminal liability you may incur.
Intellectual Property Rights
The Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Fitness Professional Terms of Use permit you to use the Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Application, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Application or any services or materials available through the Application.
If you wish to make any use of material on the Application other than that set out in this section, please address your request to: contact@mind-muscleconnection.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Application in breach of the Fitness Professional Terms of Use, your right to use the Application will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Application or any content on the Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Application not expressly permitted by these Fitness Professional Terms of Use is a breach of these Fitness Professional Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the terms Mind-Muscle, and all trade names used by the Company and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Application are the trademarks of their respective owners.
User Contributions
The Application may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Application.
All User Contributions are owned by you, and you must comply with the Content Standards set out in these Fitness Professional Terms of Use. If you are a Fitness Professional, you acknowledge and agree that any health, fitness, or wellness information you post, share, or distribute through the Application is your own responsibility and must comply with all applicable laws and industry standards. You further represent that you possess the appropriate qualifications, training, and expertise to provide such content.
Content Responsibility and License
If you are a Fitness Professional and choose to upload, post, submit, or otherwise share User Contributions, including, videos, photos, training materials, workout plans, or any other content through the Application, you retain ownership of your original content. However, by posting or submitting any User Contribution, you hereby grant the Company and its affiliates, service providers, licensees, successors, and assigns a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and otherwise exploit such content in connection with the Application, for marketing, promotional, and commercial purposes in any media format and through any media channels, whether now known or hereafter developed.
Without limiting the foregoing, you specifically grant the Company and its affiliates the right to use, reproduce, display, and distribute any User Contributions that include your name, image, likeness, voice, and biographical details for promotional, advertising, and public-facing media, including use on the Application, in the mobile application, and in digital advertisements. You acknowledge and agree that such uses may occur without further notice to you, approval from you, or compensation to you, and you hereby waive any right to inspect or approve the finished product or the context in which it appears.
You represent and warrant that:
You understand and agree that you are solely responsible for all User Contributions you submit or share, and you, not the Company, assume full responsibility for the legality, reliability, accuracy, and appropriateness of such content. The Company assumes no responsibility and disclaims all liability for any User Contributions posted by you or any other Fitness Professional or user of the platform.
Prohibited Uses
You may use the Application only for lawful purposes and in accordance with these Fitness Professional Terms of Use. You agree not to use the Application:
Additionally, you agree not to:
If you are a Fitness Professional, in addition to the above, you agree not to misrepresent your qualifications, provide medical advice without a license, or solicit clients outside the platform in a manner that violates our terms.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Groups
The Application may allow users to create or participate in user-generated groups (“Groups”) that facilitate communication, coordination, or sharing among users with similar fitness goals, interests, or affiliations. All Groups are considered Interactive Services under these Fitness Professional Terms of Use and are subject to the same standards applicable to User Contributions, including but not limited to the Content Standards and restrictions on unlawful, harmful, or inappropriate content.
Users who create Groups (“Group Creators”) are responsible for the administration, moderation, and content of their Groups. By creating a Group, you agree to:
The Company reserves the right, but does not undertake the obligation, to monitor, review, remove, or disable access to any Group or group-related content at any time, for any reason or no reason, including but not limited to violations of these Fitness Professional Terms of Use, the failure of the Group Creator to monitor activity appropriately, or any other behavior deemed harmful to the Application, its users, or the public. The Company may close any Group at any time and for any reason.
Group Creators may be removed or restricted from creating or managing future Groups if they fail to uphold the responsibilities outlined in this section. The Company shall not be liable for any loss, harm, or damage arising from the creation, use, participation in, or removal of any Group or related content.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Changes to the Fitness Professional Terms of Use
We may revise and update these Fitness Professional Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Application thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Application.
Your continued use of the Application following the posting of revised Fitness Professional Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Changes to the Application
We may update the content on this Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Application may be out of date at any given time, and we are under no obligation to update such material.
Reliance on Information Posted
The information presented on or through the Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Application, or by anyone who may be informed of any of its contents.
This Application may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links from the Application
If the Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Applications linked to this Application, you do so entirely at your own risk and subject to the terms and conditions of use for such Applications.
Linking to the Application and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Application may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. Subject to the foregoing, you must not:
The Application from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Fitness Professional Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Copyright Infringement
If you believe that any content or User Contributions on the Application infringe your copyright, please refer to our Copyright Policy for instructions on how to submit a notice of copyright infringement. The Copyright Policy explains our procedures for addressing alleged infringement. We reserve the right to remove infringing content and the termination of user accounts for offenders. Your use of the Application in relation to any intellectual property is subject to the terms set forth in the Copyright Policy.
Privacy and Data Collection
All information we collect through the Application is governed by our Privacy Policy, which explains how we collect, use, store, and disclose your personal information. By accessing or using the Application, you consent to the practices described in the Privacy Policy. Additionally, users located in jurisdictions with enhanced data protection laws should review our Consumer Health Data Privacy Policy for more information about how we handle sensitive health-related data, where applicable.
Online Purchases
All purchases or transactions made through the Application—including the purchase of goods, services, or access to features—are governed by our Terms of Sale. The Terms of Sale contain important information about pricing, billing, refunds, shipping, and related matters. By placing an order through the Application, you agree to be bound by the Terms of Sale, which are incorporated by reference into these Fitness Professional Terms of Use.
Other Terms and Conditions
Your use of specific portions, services, or features of the Application may also be subject to additional terms and conditions, including but not limited to the following:
These supplemental terms apply based on your role, the services you use, and the platform (web or devise) you access. To the extent any of these additional terms conflict with these Fitness Professional Terms of Use, the more specific agreement shall control as to the subject matter it governs.
Disclaimer of Warranties
You understand and acknowledge that participation in fitness activities, including but not limited to strength training, weightlifting, group exercise, or personal training, carries inherent risks of physical injury, including serious bodily harm or death. The Company provides a platform that connects users with independent fitness facilities, gyms, and similar facilities (collectively, “Fitness Facility”) as well as personal trainers, coaches, and related professionals (collectively, “Fitness Professionals”).
All advice, programs, services, and information made available through the Application—whether provided by Fitness Professionals, Fitness Facility, users, or third parties—is for general informational purposes only. The Company does not warrant or guarantee the safety, effectiveness, accuracy, or appropriateness of any advice, recommendations, programs, or services made available through the Application, device application, or mobile applications, nor does it endorse or recommend any particular facility, professional, or training methodology.
The Company does not verify, endorse, or guarantee the credentials, certifications, qualifications, licenses, or experience of any Fitness Professional or Fitness Facility listed on or accessed through the Application. It is your sole responsibility to evaluate the competence, suitability, and background of any Fitness Professional or Fitness Facility before engaging in any activity, service, or program they offer.
You are solely responsible for evaluating your physical health, determining the suitability of any activity, and consulting with a qualified healthcare provider before beginning any new fitness or health-related program. You assume full responsibility for any injury or harm that may result from your participation in any activity or reliance on any information made available through the Application.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APPLICATION LINKED TO IT.
YOUR USE OF THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE APPLICATION OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (“Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees (“Claims”) arising out of or relating to your violation of these Fitness Professional Terms of Use or your use of the Application, including, but not limited to, your User Contributions, any use of the Application’s content, services, and products other than as expressly authorized in these Fitness Professional Terms of Use, or your use of any information obtained from the Application. Specifically, any Fitness Professional and/or Fitness Facility agrees to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all Claims arising out of or relating to any interaction, transaction, conduct, act, or omission between any Fitness Professional and/or Fitness Facility and any third party, including but not limited to users of the platform, including arising from your services, advice, representations, or use of the platform.
Governing Law and Jurisdiction
All matters relating to the Application and these Fitness Professional Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Without reducing the obligation to arbitrate disputes, any legal suit, action, or proceeding arising out of, or related to, these Fitness Professional Terms of Use or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Orlando and County of Orange, although we retain the right to bring any suit, action, or proceeding against you for breach of these Fitness Professional Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
Any dispute, controversy, or claim arising out of or relating to these Fitness Professional Terms of Use, or your use of the Application, including disputes concerning their interpretation, breach, validity, performance, or termination, shall be resolved by final and binding arbitration administered by the American Arbitration Association in accordance with its Rules of Arbitration. The arbitration shall be conducted by a single arbitrator in Orlando, Florida, and the proceedings shall be confidential. The arbitrator shall apply the laws of the State of Florida, without regard to its conflict of law principles. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
WAIVER OF CLASS ARBITRATION
NOTWITHSTANDING THE OBLIGATION TO ARBITRATE DISPUTES, THE PARTIES AGREE TO ARBITRATE OR LITIGATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING, LITIGATION, OR ANY OTHER PROCEEDING. THE ARBITRAL TRIBUNAL OR COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Fitness Professional Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Fitness Professional Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Fitness Professional Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Fitness Professional Terms of Use will continue in full force and effect.
Entire Agreement
The Fitness Professional Terms of Use, and our Privacy Policy, and Terms of Sale, and Copyright Policy constitute the sole and entire agreement between you and Mind-Muscle Connection, LLC regarding the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Application.
Your Comments and Concerns
This Application is operated by Mind-Muscle Connection, LLC, 119 Lancha Circle, Apt. 201, Indian Harbour Beach, FL 32937.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Application should be directed to: contact@mind-muscleconnection.com.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously and comply with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). If you believe that any material accessible on or from this site (the “Website”) infringes your copyright—including user-generated content such as photos, videos, or instructional materials posted in groups or by fitness professionals—you may request removal of such material by submitting a written notification to our designated copyright agent, identified below.
To be effective under the DMCA, your written notice (the “DMCA Notice”) must include substantially the following:
Designated Copyright Agent
Copyright Agent
Mind-Muscle Connection, LLC
119 Lancha Circle, Apt. 201
Indian Harbour Beach, FL 32937
Phone: 321-323-9102
Email: contact@mind-muscleconnection.com
If you fail to comply with all of the requirements set out in Section 512(c)(3) of the DMCA, your notice may not be effective.
Please be aware that if you knowingly and materially misrepresent that content on the Website is infringing your copyright, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification (“Counter Notice”) by submitting a written notice to the same copyright agent listed above.
To be effective under the DMCA, a Counter Notice must include substantially the following:
The DMCA permits us to restore the removed content if the party filing the original DMCA Notice does not file a court action within ten business days of receiving a copy of your Counter Notice. However, please note that the decision to restore any content is at our sole discretion.
Please be aware that if you knowingly and materially misrepresent that content was removed or disabled by mistake or misidentification, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers
In accordance with the DMCA and our Terms of Use, it is our policy, in appropriate circumstances, to disable or terminate the accounts of users who are repeat infringers. We reserve the right to take this action in our sole discretion and in accordance with our enforcement procedures set forth in the Website Terms of Use. We do not have to wait for multiple offences to take this action, but may take it upon a single offense.
Last Modified: 09/27/2024
Acceptance of the Fitness Facility Terms of Use
These Website Fitness Facility Terms of Use are entered into by and between You and Mind-Muscle Connection, LLC (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Fitness Facility Terms of Use“), govern your access to and use of the Company’s website, including the website located at https://mind-muscleconnection.com, including any content, functionality, and services offered on or through https://mind-muscleconnection.com (the “Website“), whether as a guest or a registered user. If you register as a Fitness Facility, you acknowledge that your use of the Website is also governed by the Website’s normal Terms of Use and any additional guidelines, requirements, Yeah or agreements we may implement, and incorporated herein by reference.
Please read the Fitness Facility Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Fitness Facility Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Fitness Facility Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Fitness Facility Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
The Company is based in the State of Florida in the United States, and we provide this Website for use only by individuals located in the United States and its territories. We make no claims that the Website or any of its content is accessible, lawful, or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries, and the Company disclaims all responsibility for any use of the Website that violates applicable law in a foreign jurisdiction.
If you access the Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. You further agree that your use of the Website will not subject the Company to the laws or jurisdiction of any country or territory other than those of the United States, but will subject you to the laws of the United States and the state of Florida.
Geographic Restrictions
The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Independent Platform User Acknowledgment
Fitness Facility acknowledges and agree that they are professional users of the Website and not employees, agents, partners, joint venturers, franchisees, or contractors of the Company. Use of the Website to offer services does not create any employment, agency, partnership, joint venture, or other formal business relationship between the Fitness Facility and the Company. Fitness Facility acts independently and are solely responsible for their own business operations, taxes, insurance, and compliance with all applicable federal, state, and local laws, including those related to the provision of fitness or wellness services.
Fitness Facility Representations and Warranties
If you register or use the Website as a Fitness Facility, you represent, warrant, and agree that:
Facility Access and Use Policies
The Facility agrees to maintain a safe, sanitary, and professionally managed environment for all clients, users, and guests who access its premises through the Website. Without limiting the foregoing, the Facility expressly agrees to the following:
The Facility acknowledges that failure to maintain lawful, safe, and accessible premises may result in the suspension or removal of its listing from the Website, and may subject the Facility to further action in accordance with these Terms of Use.
Client Safety and Professional Conduct
As a Fitness Facility using the Website, you agree that you are solely responsible for evaluating the health, physical condition, and suitability of each client or user before providing any fitness-related services or guidance. You will not provide services that exceed your certifications, licenses, or qualifications, and you will refrain from offering medical, therapeutic, or nutritional advice unless you are duly licensed to do so under applicable law. You agree to advise all clients to consult with a licensed medical professional before beginning any new exercise, training, or wellness program.
You further agree to conduct yourself in a professional, respectful, and responsible manner at all times. Specifically, you agree to:
Violation of these standards may result in suspension or termination of your account, removal of your content, and other actions deemed appropriate by the Company in its sole discretion.
Insurance Requirements
You agree to maintain, at your own expense, appropriate liability insurance coverage for the services you provide through the platform, including general liability and (if applicable) professional liability insurance.
Non-Solicitation of Platform Clients
Fitness Facility agrees not to solicit, divert, or attempt to circumvent the platform by offering or accepting payments outside of the platform from any user they met or interacted with through the Website or Application. This restriction applies during the time they use the platform and for six (6) months thereafter. Violation of this clause may result in immediate termination of access, forfeiture of any outstanding compensation, and legal action.
Payment Terms
The Website may offer or facilitate online payment tools for users to purchase services, subscriptions, digital content, or other offerings from Fitness Facility through the platform. All payments made through the Website are subject to the terms set forth in this section.
You acknowledge and agree that any payments for services rendered by a Fitness Facility through the Website must be made through the platform’s designated payment system. Fitness Facility is prohibited from soliciting or accepting payment for services offered on the Website through alternative or unauthorized channels.
The Company may charge a transaction fee, processing fee, or other platform fee for payments made through the Website. The amount of such fee shall be determined by the Company in its sole discretion and may be updated from time to time. The applicable fee will be deducted automatically from the payment made by the client before remittance to the Fitness Facility. By using the Website to offer or purchase services, you agree to the applicable fees in effect at the time of the transaction.
Payments may be processed by the Company directly or by a third-party payment processor. By submitting your payment information, you authorize the Company and its designated third-party processor to process transactions and to store your payment information as necessary to complete the transaction and to comply with applicable law.
Subject to the Company’s standard processing schedules, and provided there are no disputes or holds, payments (less any applicable transaction fees) will be disbursed to Fitness Facility to the payment account they provide. The Company may delay disbursement for purposes including, but not limited to, fraud prevention, dispute resolution, or compliance with legal or regulatory obligations.
Fitness Facility is solely responsible for determining, collecting, reporting, and remitting any and all applicable taxes, duties, or other governmental assessments associated with services provided through the Website. The Company does not provide tax advice and will not be held liable for any tax obligations incurred by users.
All refund and chargeback requests are subject to the Company’s refund policy in effect at the time of the transaction. The Company reserves the right to withhold amounts from disbursement to Fitness Facility to satisfy refund obligations, resolve chargebacks, or otherwise comply with applicable law. Users and Fitness Facility agrees to cooperate in good faith in resolving any disputes arising from payment issues.
The Company reserves the right to change its transaction fees, processing fees, or other charges at any time upon reasonable notice to users. Continued use of the Website following such notice constitutes agreement to the revised fee schedule.
Subscription Billing
From time to time, the Company may offer subscription-based access to certain features, services, or content available on the Website, including ongoing access to Fitness Facility services, digital programs, or exclusive group offerings (“Subscription Services”). If introduced, the following terms will apply:
If you enroll in any Subscription Service, you authorize the Company to automatically charge the payment method on file at the recurring intervals disclosed at the time of purchase (e.g., monthly or annually) until you cancel your subscription in accordance with the applicable cancellation policy.
The Company may, at its discretion, offer limited-time trials or introductory pricing for Subscription Services. Upon the expiration of any trial or promotional period, the full subscription rate will apply unless canceled prior to renewal.
If subscription billing is implemented, users will be able to manage or cancel their subscriptions through their account settings. Unless otherwise stated, cancellations will take effect at the end of the current billing cycle, and no refunds will be issued for partial periods. The Company reserves the right to modify its cancellation and refund policy upon reasonable notice.
Subscription fees may be modified at the Company’s discretion, and users will be notified of any changes in advance. Continued use of the Subscription Services after the effective date of the fee change constitutes agreement to the new pricing.
All subscriptions will renew automatically at the end of each billing cycle unless canceled prior to the renewal date. You are responsible for ensuring that your billing information is current to avoid service interruptions.
Accessing the Website and Account Security
Fitness Facility may be required to provide proof of licensure, certification, insurance, or other qualifications as a condition of account approval or continued use of the Website. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, 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 Fitness Facility Terms of Use.
Compliance with Privacy and Health Information Laws
You agree to comply with all applicable federal, state, and local laws governing the collection, use, storage, and disclosure of personal, health-related, or sensitive information obtained from users through the Website or in connection with your services. If you collect or access any health information that is protected under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or any similar state law, you represent and warrant that you will handle such information in strict compliance with all applicable privacy and security requirements. You further agree not to collect, store, or share any health or medical information unless legally permitted to do so and unless necessary to provide your services.
Any misuse, unauthorized disclosure, or unlawful handling of user information may result in immediate termination of your account and referral to law enforcement or regulatory authorities, in addition to any civil or criminal liability you may incur.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Fitness Facility Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: contact@mind-muscleconnection.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Fitness Facility Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Fitness Facility Terms of Use is a breach of these Fitness Facility Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the terms Mind-Muscle, and all trade names used by the Company and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.
All User Contributions are owned by you, and you must comply with the Content Standards set out in these Fitness Facility Terms of Use. If you are a Fitness Facility, you acknowledge and agree that any health, fitness, or wellness information you post, share, or distribute through the Website is your own responsibility and must comply with all applicable laws and industry standards. You further represent that you possess the appropriate qualifications, training, and expertise to provide such content.
Content Responsibility and License
If you are a Fitness Facility and choose to upload, post, submit, or otherwise share User Contributions, including, videos, photos, training materials, workout plans, or any other content through the Website, you retain ownership of your original content. However, by posting or submitting any User Contribution, you hereby grant the Company and its affiliates, service providers, licensees, successors, and assigns a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and otherwise exploit such content in connection with the Website, for marketing, promotional, and commercial purposes in any media format and through any media channels, whether now known or hereafter developed.
Without limiting the foregoing, you specifically grant the Company and its affiliates the right to use, reproduce, display, and distribute any User Contributions that include your name, image, likeness, voice, and biographical details for promotional, advertising, and public-facing media, including use on the Website, in the mobile application, and in digital advertisements. You acknowledge and agree that such uses may occur without further notice to you, approval from you, or compensation to you, and you hereby waive any right to inspect or approve the finished product or the context in which it appears.
You represent and warrant that:
You understand and agree that you are solely responsible for all User Contributions you submit or share, and you, not the Company, assume full responsibility for the legality, reliability, accuracy, and appropriateness of such content. The Company assumes no responsibility and disclaims all liability for any User Contributions posted by you or any other Fitness Facility or user of the platform.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Fitness Facility Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
If you are a Fitness Facility, in addition to the above, you agree not to misrepresent your qualifications, provide medical advice without a license, or solicit clients outside the platform in a manner that violates our terms.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Groups
The Website may allow users to create or participate in user-generated groups (“Groups”) that facilitate communication, coordination, or sharing among users with similar fitness goals, interests, or affiliations. All Groups are considered Interactive Services under these Fitness Facility Terms of Use and are subject to the same standards applicable to User Contributions, including but not limited to the Content Standards and restrictions on unlawful, harmful, or inappropriate content.
Users who create Groups (“Group Creators”) are responsible for the administration, moderation, and content of their Groups. By creating a Group, you agree to:
The Company reserves the right, but does not undertake the obligation, to monitor, review, remove, or disable access to any Group or group-related content at any time, for any reason or no reason, including but not limited to violations of these Fitness Facility Terms of Use, the failure of the Group Creator to monitor activity appropriately, or any other behavior deemed harmful to the Website, its users, or the public. The Company may close any Group at any time and for any reason.
Group Creators may be removed or restricted from creating or managing future Groups if they fail to uphold the responsibilities outlined in this section. The Company shall not be liable for any loss, harm, or damage arising from the creation, use, participation in, or removal of any Group or related content.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Changes to the Fitness Facility Terms of Use
We may revise and update these Fitness Facility Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Fitness Facility Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Fitness Facility Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Copyright Infringement
If you believe that any content or User Contributions on the Website infringe your copyright, please refer to our Copyright Policy for instructions on how to submit a notice of copyright infringement. The Copyright Policy explains our procedures for addressing alleged infringement. We reserve the right to remove infringing content and the termination of user accounts for offenders. Your use of the Website in relation to any intellectual property is subject to the terms set forth in the Copyright Policy.
Privacy and Data Collection
All information we collect through the Website is governed by our Privacy Policy, which explains how we collect, use, store, and disclose your personal information. By accessing or using the Website, you consent to the practices described in the Privacy Policy. Additionally, users located in jurisdictions with enhanced data protection laws should review our Consumer Health Data Privacy Policy for more information about how we handle sensitive health-related data, where applicable.
Online Purchases
All purchases or transactions made through the Website—including the purchase of goods, services, or access to features—are governed by our Terms of Sale. The Terms of Sale contain important information about pricing, billing, refunds, shipping, and related matters. By placing an order through the Website, you agree to be bound by the Terms of Sale, which are incorporated by reference into these Fitness Facility Terms of Use.
Other Terms and Conditions
Your use of specific portions, services, or features of the Website may also be subject to additional terms and conditions, including but not limited to the following:
These supplemental terms apply based on your role, the services you use, and the platform (web or devise) you access. To the extent any of these additional terms conflict with these Fitness Facility Terms of Use, the more specific agreement shall control as to the subject matter it governs.
Disclaimer of Warranties
You understand and acknowledge that participation in and providing fitness activities—whether conducted at a gym, training studio, or other physical location—carries inherent risks of physical injury, including serious bodily harm or death. The Company provides a digital platform that connects users with independent fitness facilities, gyms, and similar establishments (collectively, “Fitness Facilities”), as well as with personal trainers, coaches, and other professionals (collectively, “Fitness Professionals”).
All advice, programs, services, and information made available through the Website—whether provided by Fitness Facility, Fitness Facility users, or third parties—is for general informational purposes only. The Company does not warrant or guarantee the safety, effectiveness, accuracy, or appropriateness of any advice, recommendations, programs, or services made available through the Website, device application, or mobile applications, nor does it endorse or recommend any particular facility, professional, or training methodology.
The Company does not verify, endorse, or guarantee the credentials, certifications, qualifications, licenses, or experience of any Fitness Facility or Fitness Facility listed on or accessed through the Website. It is your sole responsibility to evaluate the competence, suitability, and background of any Fitness Facility or Fitness Facility before engaging in any activity, service, or program they offer.
You are solely responsible for evaluating your physical health, determining the suitability of any activity, and consulting with a qualified healthcare provider before beginning any new fitness or health-related program. You assume full responsibility for any injury or harm that may result from your participation in any activity or reliance on any information made available through the Website.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (“Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees (“Claims”) arising out of or relating to your violation of these Fitness Facility Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Fitness Facility Terms of Use, or your use of any information obtained from the Website. Specifically, any Fitness Facility and/or Fitness Facility agrees to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all Claims arising out of or relating to any interaction, transaction, conduct, act, or omission between any Fitness Facility and/or Fitness Facility and any third party, including but not limited to users of the platform, including arising from your services, advice, representations, or use of the platform.
Governing Law and Jurisdiction
All matters relating to the Website and these Fitness Facility Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Without reducing the obligation to arbitrate disputes, any legal suit, action, or proceeding arising out of, or related to, these Fitness Facility Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Orlando and County of Orange, although we retain the right to bring any suit, action, or proceeding against you for breach of these Fitness Facility Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
Any dispute, controversy, or claim arising out of or relating to these Fitness Facility Terms of Use, or your use of the Website, including disputes concerning their interpretation, breach, validity, performance, or termination, shall be resolved by final and binding arbitration administered by the American Arbitration Association in accordance with its Rules of Arbitration. The arbitration shall be conducted by a single arbitrator in Orlando, Florida, and the proceedings shall be confidential. The arbitrator shall apply the laws of the State of Florida, without regard to its conflict of law principles. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
WAIVER OF CLASS ARBITRATION NOTWITHSTANDING THE OBLIGATION TO ARBITRATE DISPUTES, THE PARTIES AGREE TO ARBITRATE OR LITIGATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING, LITIGATION, OR ANY OTHER PROCEEDING. THE ARBITRAL TRIBUNAL OR COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Fitness Facility Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Fitness Facility Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Fitness Facility Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Fitness Facility Terms of Use will continue in full force and effect.
Entire Agreement
The Fitness Facility Terms of Use, and our Privacy Policy, and Terms of Sale, and Copyright Policy constitute the sole and entire agreement between you and Mind-Muscle Connection, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by Mind-Muscle Connection, LLC, 119 Lancha Circle, Apt. 201, Indian Harbour Beach, FL 32937.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: contact@mind-muscleconnection.com.
Last Modified: 09/27/2024
Acceptance of the Fitness Professional Terms of Use
These Website Fitness Professional Terms of Use are entered into by and between You and Mind-Muscle Connection, LLC (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Fitness Professional Terms of Use“), govern your access to and use of the Company’s website, including the website located at https://mind-muscleconnection.com, including any content, functionality, and services offered on or through https://mind-muscleconnection.com (the “Website“), whether as a guest or a registered user. If you register as a Fitness Professional, you acknowledge that your use of the Website is also governed by the Website’s normal Terms of Use and any additional guidelines, requirements, or agreements we may implement, and incorporated herein by reference.
Please read the Fitness Professional Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Fitness Professional Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Fitness Professional Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Fitness Professional Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
The Company is based in the State of Florida in the United States, and we provide this Website for use only by individuals located in the United States and its territories. We make no claims that the Website or any of its content is accessible, lawful, or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries, and the Company disclaims all responsibility for any use of the Website that violates applicable law in a foreign jurisdiction.
If you access the Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. You further agree that your use of the Website will not subject the Company to the laws or jurisdiction of any country or territory other than those of the United States, but will subject you to the laws of the United States and the state of Florida.
Geographic Restrictions
The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Independent Platform User Acknowledgment
Fitness Professionals acknowledge and agree that they are professional users of the Website and not employees, agents, partners, joint venturers, franchisees, or contractors of the Company. Use of the Website to offer services does not create any employment, agency, partnership, joint venture, or other formal business relationship between the Fitness Professional and the Company. Fitness Professionals act independently and are solely responsible for their own business operations, taxes, insurance, and compliance with all applicable federal, state, and local laws, including those related to the provision of fitness or wellness services.
Fitness Professional Representations and Warranties
If you register or use the Website as a Fitness Professional, you represent, warrant, and agree that:
Client Safety and Professional Conduct
As a Fitness Professional using the Website, you agree that you are solely responsible for evaluating the health, physical condition, and suitability of each client or user before providing any fitness-related services or guidance. You will not provide services that exceed your certifications, licenses, or qualifications, and you will refrain from offering medical, therapeutic, or nutritional advice unless you are duly licensed to do so under applicable law. You agree to advise all clients to consult with a licensed medical professional before beginning any new exercise, training, or wellness program.
You further agree to conduct yourself in a professional, respectful, and responsible manner at all times. Specifically, you agree to:
Violation of these standards may result in suspension or termination of your account, removal of your content, and other actions deemed appropriate by the Company in its sole discretion.
Insurance Requirements
You agree to maintain, at your own expense, appropriate liability insurance coverage for the services you provide through the platform, including general liability and (if applicable) professional liability insurance.
Non-Solicitation of Platform Clients
Fitness Professionals agree not to solicit, divert, or attempt to circumvent the platform by offering or accepting payments outside of the platform from any user they met or interacted with through the Website or Application. This restriction applies during the time they use the platform and for six (6) months thereafter. Violation of this clause may result in immediate termination of access, forfeiture of any outstanding compensation, and legal action.
Payment Terms
The Website may offer or facilitate online payment tools for users to purchase services, subscriptions, digital content, or other offerings from Fitness Professionals through the platform. All payments made through the Website are subject to the terms set forth in this section.
You acknowledge and agree that any payments for services rendered by a Fitness Professional through the Website must be made through the platform’s designated payment system. Fitness Professionals are prohibited from soliciting or accepting payment for services offered on the Website through alternative or unauthorized channels.
The Company may charge a transaction fee, processing fee, or other platform fee for payments made through the Website. The amount of such fee shall be determined by the Company in its sole discretion and may be updated from time to time. The applicable fee will be deducted automatically from the payment made by the client before remittance to the Fitness Professional. By using the Website to offer or purchase services, you agree to the applicable fees in effect at the time of the transaction.
Payments may be processed by the Company directly or by a third-party payment processor. By submitting your payment information, you authorize the Company and its designated third-party processor to process transactions and to store your payment information as necessary to complete the transaction and to comply with applicable law.
Subject to the Company’s standard processing schedules, and provided there are no disputes or holds, payments (less any applicable transaction fees) will be disbursed to Fitness Professionals to the payment account they provide. The Company may delay disbursement for purposes including, but not limited to, fraud prevention, dispute resolution, or compliance with legal or regulatory obligations.
Fitness Professionals are solely responsible for determining, collecting, reporting, and remitting any and all applicable taxes, duties, or other governmental assessments associated with services provided through the Website. The Company does not provide tax advice and will not be held liable for any tax obligations incurred by users.
All refund and chargeback requests are subject to the Company’s refund policy in effect at the time of the transaction. The Company reserves the right to withhold amounts from disbursement to Fitness Professionals to satisfy refund obligations, resolve chargebacks, or otherwise comply with applicable law. Users and Fitness Professionals agree to cooperate in good faith in resolving any disputes arising from payment issues.
The Company reserves the right to change its transaction fees, processing fees, or other charges at any time upon reasonable notice to users. Continued use of the Website following such notice constitutes agreement to the revised fee schedule.
Subscription Billing
From time to time, the Company may offer subscription-based access to certain features, services, or content available on the Website, including ongoing access to Fitness Professional services, digital programs, or exclusive group offerings (“Subscription Services”). If introduced, the following terms will apply:
If you enroll in any Subscription Service, you authorize the Company to automatically charge the payment method on file at the recurring intervals disclosed at the time of purchase (e.g., monthly or annually) until you cancel your subscription in accordance with the applicable cancellation policy.
The Company may, at its discretion, offer limited-time trials or introductory pricing for Subscription Services. Upon the expiration of any trial or promotional period, the full subscription rate will apply unless canceled prior to renewal.
If subscription billing is implemented, users will be able to manage or cancel their subscriptions through their account settings. Unless otherwise stated, cancellations will take effect at the end of the current billing cycle, and no refunds will be issued for partial periods. The Company reserves the right to modify its cancellation and refund policy upon reasonable notice.
Subscription fees may be modified at the Company’s discretion, and users will be notified of any changes in advance. Continued use of the Subscription Services after the effective date of the fee change constitutes agreement to the new pricing.
All subscriptions will renew automatically at the end of each billing cycle unless canceled prior to the renewal date. You are responsible for ensuring that your billing information is current to avoid service interruptions.
Accessing the Website and Account Security
Fitness Professionals may be required to provide proof of licensure, certification, insurance, or other qualifications as a condition of account approval or continued use of the Website. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, 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 Fitness Professional Terms of Use.
Compliance with Privacy and Health Information Laws
You agree to comply with all applicable federal, state, and local laws governing the collection, use, storage, and disclosure of personal, health-related, or sensitive information obtained from users through the Website or in connection with your services. If you collect or access any health information that is protected under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or any similar state law, you represent and warrant that you will handle such information in strict compliance with all applicable privacy and security requirements. You further agree not to collect, store, or share any health or medical information unless legally permitted to do so and unless necessary to provide your services.
Any misuse, unauthorized disclosure, or unlawful handling of user information may result in immediate termination of your account and referral to law enforcement or regulatory authorities, in addition to any civil or criminal liability you may incur.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Fitness Professional Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: contact@mind-muscleconnection.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Fitness Professional Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Fitness Professional Terms of Use is a breach of these Fitness Professional Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the terms Mind-Muscle, and all trade names used by the Company and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.
All User Contributions are owned by you, and you must comply with the Content Standards set out in these Fitness Professional Terms of Use. If you are a Fitness Professional, you acknowledge and agree that any health, fitness, or wellness information you post, share, or distribute through the Website is your own responsibility and must comply with all applicable laws and industry standards. You further represent that you possess the appropriate qualifications, training, and expertise to provide such content.
Content Responsibility and License
If you are a Fitness Professional and choose to upload, post, submit, or otherwise share User Contributions, including, videos, photos, training materials, workout plans, or any other content through the Website, you retain ownership of your original content. However, by posting or submitting any User Contribution, you hereby grant the Company and its affiliates, service providers, licensees, successors, and assigns a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and otherwise exploit such content in connection with the Website, for marketing, promotional, and commercial purposes in any media format and through any media channels, whether now known or hereafter developed.
Without limiting the foregoing, you specifically grant the Company and its affiliates the right to use, reproduce, display, and distribute any User Contributions that include your name, image, likeness, voice, and biographical details for promotional, advertising, and public-facing media, including use on the Website, in the mobile application, and in digital advertisements. You acknowledge and agree that such uses may occur without further notice to you, approval from you, or compensation to you, and you hereby waive any right to inspect or approve the finished product or the context in which it appears.
You represent and warrant that:
You understand and agree that you are solely responsible for all User Contributions you submit or share, and you, not the Company, assume full responsibility for the legality, reliability, accuracy, and appropriateness of such content. The Company assumes no responsibility and disclaims all liability for any User Contributions posted by you or any other Fitness Professional or user of the platform.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Fitness Professional Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
If you are a Fitness Professional, in addition to the above, you agree not to misrepresent your qualifications, provide medical advice without a license, or solicit clients outside the platform in a manner that violates our terms.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Groups
The Website may allow users to create or participate in user-generated groups (“Groups”) that facilitate communication, coordination, or sharing among users with similar fitness goals, interests, or affiliations. All Groups are considered Interactive Services under these Fitness Professional Terms of Use and are subject to the same standards applicable to User Contributions, including but not limited to the Content Standards and restrictions on unlawful, harmful, or inappropriate content.
Users who create Groups (“Group Creators”) are responsible for the administration, moderation, and content of their Groups. By creating a Group, you agree to:
The Company reserves the right, but does not undertake the obligation, to monitor, review, remove, or disable access to any Group or group-related content at any time, for any reason or no reason, including but not limited to violations of these Fitness Professional Terms of Use, the failure of the Group Creator to monitor activity appropriately, or any other behavior deemed harmful to the Website, its users, or the public. The Company may close any Group at any time and for any reason.
Group Creators may be removed or restricted from creating or managing future Groups if they fail to uphold the responsibilities outlined in this section. The Company shall not be liable for any loss, harm, or damage arising from the creation, use, participation in, or removal of any Group or related content.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Changes to the Fitness Professional Terms of Use
We may revise and update these Fitness Professional Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Fitness Professional Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Fitness Professional Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Copyright Infringement
If you believe that any content or User Contributions on the Website infringe your copyright, please refer to our Copyright Policy for instructions on how to submit a notice of copyright infringement. The Copyright Policy explains our procedures for addressing alleged infringement. We reserve the right to remove infringing content and the termination of user accounts for offenders. Your use of the Website in relation to any intellectual property is subject to the terms set forth in the Copyright Policy.
Privacy and Data Collection
All information we collect through the Website is governed by our Privacy Policy, which explains how we collect, use, store, and disclose your personal information. By accessing or using the Website, you consent to the practices described in the Privacy Policy. Additionally, users located in jurisdictions with enhanced data protection laws should review our Consumer Health Data Privacy Policy for more information about how we handle sensitive health-related data, where applicable.
Online Purchases
All purchases or transactions made through the Website—including the purchase of goods, services, or access to features—are governed by our Terms of Sale. The Terms of Sale contain important information about pricing, billing, refunds, shipping, and related matters. By placing an order through the Website, you agree to be bound by the Terms of Sale, which are incorporated by reference into these Fitness Professional Terms of Use.
Other Terms and Conditions
Your use of specific portions, services, or features of the Website may also be subject to additional terms and conditions, including but not limited to the following:
These supplemental terms apply based on your role, the services you use, and the platform (web or devise) you access. To the extent any of these additional terms conflict with these Fitness Professional Terms of Use, the more specific agreement shall control as to the subject matter it governs.
Disclaimer of Warranties
You understand and acknowledge that participation in fitness activities, including but not limited to strength training, weightlifting, group exercise, or personal training, carries inherent risks of physical injury, including serious bodily harm or death. The Company provides a platform that connects users with independent fitness facilities, gyms, and similar facilities (collectively, “Fitness Facility”) as well as personal trainers, coaches, and related professionals (collectively, “Fitness Professionals”).
All advice, programs, services, and information made available through the Website—whether provided by Fitness Professionals, Fitness Facility, users, or third parties—is for general informational purposes only. The Company does not warrant or guarantee the safety, effectiveness, accuracy, or appropriateness of any advice, recommendations, programs, or services made available through the Website, device application, or mobile applications, nor does it endorse or recommend any particular facility, professional, or training methodology.
The Company does not verify, endorse, or guarantee the credentials, certifications, qualifications, licenses, or experience of any Fitness Professional or Fitness Facility listed on or accessed through the Website. It is your sole responsibility to evaluate the competence, suitability, and background of any Fitness Professional or Fitness Facility before engaging in any activity, service, or program they offer.
You are solely responsible for evaluating your physical health, determining the suitability of any activity, and consulting with a qualified healthcare provider before beginning any new fitness or health-related program. You assume full responsibility for any injury or harm that may result from your participation in any activity or reliance on any information made available through the Website.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (“Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees (“Claims”) arising out of or relating to your violation of these Fitness Professional Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Fitness Professional Terms of Use, or your use of any information obtained from the Website. Specifically, any Fitness Professional and/or Fitness Facility agrees to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all Claims arising out of or relating to any interaction, transaction, conduct, act, or omission between any Fitness Professional and/or Fitness Facility and any third party, including but not limited to users of the platform, including arising from your services, advice, representations, or use of the platform.
Governing Law and Jurisdiction
All matters relating to the Website and these Fitness Professional Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Without reducing the obligation to arbitrate disputes, any legal suit, action, or proceeding arising out of, or related to, these Fitness Professional Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Orlando and County of Orange, although we retain the right to bring any suit, action, or proceeding against you for breach of these Fitness Professional Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
Any dispute, controversy, or claim arising out of or relating to these Fitness Professional Terms of Use, or your use of the Website, including disputes concerning their interpretation, breach, validity, performance, or termination, shall be resolved by final and binding arbitration administered by the American Arbitration Association in accordance with its Rules of Arbitration. The arbitration shall be conducted by a single arbitrator in Orlando, Florida, and the proceedings shall be confidential. The arbitrator shall apply the laws of the State of Florida, without regard to its conflict of law principles. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
WAIVER OF CLASS ARBITRATION NOTWITHSTANDING THE OBLIGATION TO ARBITRATE DISPUTES, THE PARTIES AGREE TO ARBITRATE OR LITIGATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING, LITIGATION, OR ANY OTHER PROCEEDING. THE ARBITRAL TRIBUNAL OR COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Fitness Professional Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Fitness Professional Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Fitness Professional Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Fitness Professional Terms of Use will continue in full force and effect.
Entire Agreement
The Fitness Professional Terms of Use, and our Privacy Policy, and Terms of Sale, and Copyright Policy constitute the sole and entire agreement between you and Mind-Muscle Connection, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by Mind-Muscle Connection, LLC, 119 Lancha Circle, Apt. 201, Indian Harbour Beach, FL 32937.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: contact@mind-muscleconnection.com.
Last Modified: 09/27/2024
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Mind-Muscle Connection, LLC (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of the Company’s website, including the website located at https://mind-muscleconnection.com, including any content, functionality, and services offered on or through https://mind-muscleconnection.com (the “Website“), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
The Company is based in the State of Florida in the United States, and we provide this Website for use only by individuals located in the United States and its territories. We make no claims that the Website or any of its content is accessible, lawful, or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries, and the Company disclaims all responsibility for any use of the Website that violates applicable law in a foreign jurisdiction.
If you access the Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. You further agree that your use of the Website will not subject the Company to the laws or jurisdiction of any country or territory other than those of the United States, but will subject you to the laws of the United States and the state of Florida.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, 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 of Use.
Payment Terms and Group Access Fees
The Company may charge fees for access to certain features, services, or content available through the Website, including but not limited to ad-free experiences, premium tools, enhanced functionality, or participation in user-created Groups (collectively, “Paid Features”).
Users may be required to pay a General Access Fee to unlock Website-wide Paid Features. In addition, the Website may allow users to join or create Groups, which may be subject to separate fees determined by the Group creator or by the Company (each, a “Group Access Fee”).
Group Access Fees may take one of the following forms:
Users may be able to select from available payment schedules for Recurring Access Fees at the time of enrollment. If payment fails or is not completed, access to the relevant Group or Paid Feature may be suspended or terminated until payment is successfully processed.
By purchasing any Paid Feature, you authorize the Company (or its payment processor) to charge your designated payment method for the applicable fee and any associated taxes. The Company may, in its discretion, offer limited-time discounts or trial access to certain Paid Features. Upon expiration of a trial period, standard fees will apply unless the user cancels access before the renewal or payment date.
All fees are non-refundable except as expressly stated in the Company’s refund policy or required by law. The Company reserves the right to modify its fees, billing policies, or refund terms at any time upon reasonable notice to users. Continued use of the Website or any Paid Feature following notice of a fee change constitutes agreement to the updated pricing.
You are solely responsible for maintaining accurate payment and billing information in your account settings.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: contact@mind-muscleconnection.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the terms Mind-Muscle, and all trade names used by the Company and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.
All User Contributions is owned by you, and you must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose except as may be restricted by applicable account settings. Without limiting the foregoing, you specifically grant the Company and its affiliates the right to use, reproduce, display, and distribute any User Contributions that include your name, image, likeness, voice, or biographical details for promotional, advertising, and marketing purposes, including but not limited to use on the Website, in the mobile application, in digital advertisements, and in public-facing media. You acknowledge and agree that such use may occur without further notice, approval, or compensation, and you hereby waive any right to inspect or approve the finished product or its eventual use.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Groups
The Website may allow users to create or participate in user-generated groups (“Groups”) that facilitate communication, coordination, or sharing among users with similar fitness goals, interests, or affiliations. All Groups are considered Interactive Services under these Terms of Use and are subject to the same standards applicable to User Contributions, including but not limited to the Content Standards and restrictions on unlawful, harmful, or inappropriate content.
Users who create Groups (“Group Creators”) are responsible for the administration, moderation, and content of their Groups. By creating a Group, you agree to:
The Company reserves the right, but does not undertake the obligation, to monitor, review, remove, or disable access to any Group or group-related content at any time, for any reason or no reason, including but not limited to violations of these Terms of Use, the failure of the Group Creator to monitor activity appropriately, or any other behavior deemed harmful to the Website, its users, or the public. The Company may close any Group at any time and for any reason.
Group Creators may be removed or restricted from creating or managing future Groups if they fail to uphold the responsibilities outlined in this section. The Company shall not be liable for any loss, harm, or damage arising from the creation, use, participation in, or removal of any Group or related content.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Copyright Infringement
If you believe that any content or User Contributions on the Website infringe your copyright, please refer to our Copyright Policy for instructions on how to submit a notice of copyright infringement. The Copyright Policy explains our procedures for addressing alleged infringement. We reserve the right to remove infringing content and the termination of user accounts for offenders. Your use of the Website in relation to any intellectual property is subject to the terms set forth in the Copyright Policy.
Privacy and Data Collection
All information we collect through the Website is governed by our Privacy Policy, which explains how we collect, use, store, and disclose your personal information. By accessing or using the Website, you consent to the practices described in the Privacy Policy. Additionally, users located in jurisdictions with enhanced data protection laws should review our Consumer Health Data Privacy Policy for more information about how we handle sensitive health-related data, where applicable.
Online Purchases
All purchases or transactions made through the Website—including the purchase of goods, services, or access to features—are governed by our Terms of Sale. The Terms of Sale contain important information about pricing, billing, refunds, shipping, and related matters. By placing an order through the Website, you agree to be bound by the Terms of Sale, which are incorporated by reference into these Terms of Use.
Other Terms and Conditions
Your use of specific portions, services, or features of the Website may also be subject to additional terms and conditions, including but not limited to the following:
These supplemental terms apply based on your role, the services you use, and the platform (web or devise) you access. To the extent any of these additional terms conflict with these Terms of Use, the more specific agreement shall control as to the subject matter it governs.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand and acknowledge that participation in fitness activities, including but not limited to strength training, weightlifting, group exercise, or personal training, carries inherent risks of physical injury, including serious bodily harm or death. The Company provides a platform that connects users with independent fitness facilities, gyms, and similar facilities (collectively, “Fitness Facility”) as well as personal trainers, coaches, and related professionals (collectively, “Fitness Professionals”).
All advice, programs, services, and information made available through the Website—whether provided by Fitness Professionals, Fitness Facility, users, or third parties—is for general informational purposes only. The Company does not warrant or guarantee the safety, effectiveness, accuracy, or appropriateness of any advice, recommendations, programs, or services made available through the Website, devise application, or mobile applications, nor does it endorse or recommend any particular facility, professional, or training methodology.
The Company does not verify, endorse, or guarantee the credentials, certifications, qualifications, licenses, or experience of any Fitness Professional or Fitness Facility listed on or accessed through the Website. It is your sole responsibility to evaluate the competence, suitability, and background of any Fitness Professional or Fitness Facility before engaging in any activity, service, or program they offer.
You are solely responsible for evaluating your physical health, determining the suitability of any activity, and consulting with a qualified healthcare provider before beginning any new fitness or health-related program. You assume full responsibility for any injury or harm that may result from your participation in any activity or reliance on any information made available through the Website.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (“Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees (“Claims”) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website. Specifically, any Fitness Professional and/or Fitness Facility agrees to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all Claims arising out of or relating to any interaction, transaction, conduct, act, or omission between any Fitness Professional and/or Fitness Facility and any third party, including but not limited to users of the platform, including arising from your services, advice, representations, or use of the platform.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Without reducing the obligation to arbitrate disputes, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Orlando and County of Orange, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms of Use, or your use of the Website, including disputes concerning their interpretation, breach, validity, performance, or termination, shall be resolved by final and binding arbitration administered by the American Arbitration Association in accordance with its Rules of Arbitration. The arbitration shall be conducted by a single arbitrator in Orlando, Florida, and the proceedings shall be confidential. The arbitrator shall apply the laws of the State of Florida, without regard to its conflict of law principles. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
WAIVER OF CLASS ARBITRATION NOTWITHSTANDING THE OBLIGATION TO ARBITRATE DISPUTES, THE PARTIES AGREE TO ARBITRATE OR LITIGATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING, LITIGATION, OR ANY OTHER PROCEEDING. THE ARBITRAL TRIBUNAL OR COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, and our Privacy Policy, and Terms of Sale, and Copyright Policy constitute the sole and entire agreement between you and Mind-Muscle Connection, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by Mind-Muscle Connection, LLC, 119 Lancha Circle, Apt. 201, Indian Harbour Beach, FL 32937.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: contact@mind-muscleconnection.com.
Last modified: 09/27/2024
Introduction
Mind-Muscle Connection, LLC (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you use the Company application (our “App“) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
It does not apply to information collected by:
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our App. By accessing, downloading, or using this App, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Children Under the Age of 18
Our App is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the App. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this App or through any of its features, register on the App, make any purchases through the App, use any of the interactive or public comment features of this App, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at contact@mind-muscleconnection.com.
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our App, including information:
We collect this information:
Information You Provide to Us
The information we collect on or through our App may include:
You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the App, or transmitted to other users of the App or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although we may limit access to certain parts of the App as it is developed you may have certain setting which allows you to set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the App with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our App, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
We also may use these technologies to collect information about your interactions with the App over time and across other mobile applications, websites, or online services for purposes such as behavioral tracking, analytics, or personalized advertising.
The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our App and to deliver a better and more personalized service, including by enabling us to:
The technologies we use for this automatic data collection may include:
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the App are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different applications and websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the order form/registration form), adjust your user preferences in your account profile, or contact us at this email address: contact@mind-muscleconnection.com.
We may use the information we have collected from you to enable us to display in-app advertisements that are tailored to your interests or behavior. Even though we do not disclose your personal information for these purposes without your consent, if you tap on or otherwise interact with an advertisement, the advertiser may infer that you meet its targeting criteria.
Use of User Information for Fitness Features, Goals, and Challenges
By using the Application, you acknowledge and agree that the Company may collect and use certain personal information you provide—including fitness preferences, workout history, health-related inputs, activity tracking data, and user-submitted goals—for the purpose of enabling and enhancing fitness-related features offered through the platform. These features may include, but are not limited to:
Participation in any such feature is voluntary and, where required, may be subject to additional opt-in consent or user settings. You understand that the Company’s ability to provide accurate or useful fitness content depends on the completeness and accuracy of the information you submit.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
We may also disclose your personal information:
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.
Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.
Sale of Aggregate and De-Identified Data
We may use and disclose aggregated or de-identified information that does not reasonably identify you to any third party for any lawful purpose, including for research, analytics, business planning, marketing, or commercial licensing purposes. This information may be derived from your usage of the App or services, but it is not considered personal information under applicable law because it cannot reasonably be linked to you.
For users located in California: Under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, the “CPRA”), the disclosure of de-identified or aggregate information is generally not considered a “sale” of personal information. However, to the extent any of our data practices are interpreted to constitute a “sale” under California law, you have the right to opt out. You may exercise your opt-out rights by emailing us at contact@mind-muscleconnection.com or by using the settings provided in your user account, if applicable.
Accessing and Correcting Your Information
You can review and change your personal information by logging into the App and visiting your account profile page.
You may also send us an email at contact@mind-muscleconnection.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other App users. Proper access and use of information provided on the App, including User Contributions, is governed by our terms of use.
Residents of certain states, such as California, Nevada, Colorado, Virginia, and Utah may have additional personal information rights and choices.
Your State Privacy Rights
State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents’ privacy rights, visit https://www.oag.ca.gov/privacy/ccpa. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to contact@mind-muscleconnection.com or write us at: 119 Lancha Circle, Apt. 201, Indian Harbour Beach, FL 32937.
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
To exercise any of these rights, please contact Us At 119 Lancha Circle, Apt. 201, Indian Harbour Beach, FL 32937. Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: 119 Lancha Circle, Apt. 201, Indian Harbour Beach, FL 32937.
Your California Privacy Rights
If you are a California resident, you have specific rights under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CPRA”). Subject to certain exceptions, these rights include:
You or your authorized agent may submit a request to exercise any of these rights by contacting us at:
???? Email: contact@mind-muscleconnection.com
???? Phone: 321-323-9102
If you have an account with us, you may also adjust your preferences or submit opt-out requests through your account settings.
To opt out of the sale or sharing of your personal information for advertising or analytics purposes, you may also use the “Do Not Sell or Share My Personal Information” link (where available) or submit your request by email or phone.
We may request verification of your identity before processing certain requests, and we will respond within the timeframes required by law.
Data Security
We take appropriate technical and organizational safety measures to protect your personal information. However, the security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the App like message boards. The information you share in public areas may be viewed by any user of the App.
Please note that the transmission of information over the internet or through mobile networks is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the App.
Governing Law and Jurisdiction
All matters relating to the App and this App Privacy Policy, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Without reducing the obligation to arbitrate disputes, any legal suit, action, or proceeding arising out of, or related to, this Privacy Policy or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Orlando and County of Orange, although we retain the right to bring any suit, action, or proceeding against you for breach of this Privacy Policy in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
Any dispute, controversy, or claim arising out of or relating to this Privacy Policy, or your use of the App, including disputes concerning their interpretation, breach, validity, performance, or termination, shall be resolved by final and binding arbitration administered by the American Arbitration Association in accordance with its Rules of Arbitration. The arbitration shall be conducted by a single arbitrator in Orlando, Florida, and the proceedings shall be confidential. The arbitrator shall apply the laws of the State of Florida, without regard to its conflict of law principles. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
WAIVER OF CLASS ARBITRATION NOTWITHSTANDING THE OBLIGATION TO ARBITRATE DISPUTES, THE PARTIES AGREE TO ARBITRATE OR LITIGATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING, LITIGATION, OR ANY OTHER PROCEEDING. THE ARBITRAL TRIBUNAL OR COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account and/or through a notice on the App. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring that we have an up-to-date, active, and deliverable email address for you, and for regularly reviewing the App or this Privacy Policy to stay informed about any updates.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
119 Lancha Circle, Apt. 201, Indian Harbour Beach, FL 32937
or via our phone number: 321-323-9102
To register a complaint or concern, please email us at contact@mind-muscleconnection.com.
Last modified: 09/27/2024
Introduction
Mind-Muscle Connection, LLC (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website, including the website located at https://mind-muscleconnection.com (our “Website“) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
It does not apply to information collected by:
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Children Under the Age of 18
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at contact@mind-muscleconnection.com.
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
We collect this information:
Information You Provide to Us
The information we collect on or through our Website may include:
You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although we may limit access to certain pages and as the website is developed you may have certain setting which allows you to set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
The technologies we use for this automatic data collection may include:
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the order form/registration form), adjust your user preferences in your account profile, or contact us at this email address: contact@mind-muscleconnection.com.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Use of User Information for Fitness Features, Goals, and Challenges
By using the Website or Application, you acknowledge and agree that the Company may collect and use certain personal information you provide—including fitness preferences, workout history, health-related inputs, activity tracking data, and user-submitted goals—for the purpose of enabling and enhancing fitness-related features offered through the platform. These features may include, but are not limited to:
Participation in any such feature is voluntary and, where required, may be subject to additional opt-in consent or user settings. You understand that the Company’s ability to provide accurate or useful fitness content depends on the completeness and accuracy of the information you submit.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
We may also disclose your personal information:
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.
Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.
Sale of Aggregate and De-Identified Data
We may use and disclose aggregated or de-identified information that does not reasonably identify you to any third party for any lawful purpose, including for research, analytics, business planning, marketing, or commercial licensing purposes. This information may be derived from your usage of the Website or services, but it is not considered personal information under applicable law because it cannot reasonably be linked to you.
For users located in California: Under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, the “CPRA”), the disclosure of de-identified or aggregate information is generally not considered a “sale” of personal information. However, to the extent any of our data practices are interpreted to constitute a “sale” under California law, you have the right to opt out. You may exercise your opt-out rights by emailing us at contact@mind-muscleconnection.com or by using the settings provided in your user account, if applicable.
Accessing and Correcting Your Information
You can review and change your personal information by logging into the Website and visiting your account profile page.
You may also send us an email at contact@mind-muscleconnection.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our terms of use.
Residents of certain states, such as California, Nevada, Colorado, Virginia, and Utah may have additional personal information rights and choices.
Your State Privacy Rights
State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents’ privacy rights, visit https://www.oag.ca.gov/privacy/ccpa. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to contact@mind-muscleconnection.com or write us at: 119 Lancha Circle, Apt. 201, Indian Harbour Beach, FL 32937.
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
To exercise any of these rights please contact Us At 119 Lancha Circle, Apt. 201, Indian Harbour Beach, FL 32937. Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: 119 Lancha Circle, Apt. 201, Indian Harbour Beach, FL 32937.
Your California Privacy Rights
If you are a California resident, you have specific rights under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CPRA”). Subject to certain exceptions, these rights include:
You or your authorized agent may submit a request to exercise any of these rights by contacting us at:
???? Email: contact@mind-muscleconnection.com
???? Phone: 321-323-9102
If you have an account with us, you may also adjust your preferences or submit opt-out requests through your account settings.
To opt out of the sale or sharing of your personal information for advertising or analytics purposes, you may also use the “Do Not Sell or Share My Personal Information” link (where available) or submit your request by email or phone.
We may request verification of your identity before processing certain requests, and we will respond within the timeframes required by law.
Data Security
Although we take safety measures. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Governing Law and Jurisdiction
All matters relating to the Website and this Website Privacy Policy, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Without reducing the obligation to arbitrate disputes, any legal suit, action, or proceeding arising out of, or related to, this Privacy Policy or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Orlando and County of Orange, although we retain the right to bring any suit, action, or proceeding against you for breach of this Privacy Policy in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
Any dispute, controversy, or claim arising out of or relating to this Privacy Policy, or your use of the Website, including disputes concerning their interpretation, breach, validity, performance, or termination, shall be resolved by final and binding arbitration administered by the American Arbitration Association in accordance with its Rules of Arbitration. The arbitration shall be conducted by a single arbitrator in Orlando, Florida, and the proceedings shall be confidential. The arbitrator shall apply the laws of the State of Florida, without regard to its conflict of law principles. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
WAIVER OF CLASS ARBITRATION NOTWITHSTANDING THE OBLIGATION TO ARBITRATE DISPUTES, THE PARTIES AGREE TO ARBITRATE OR LITIGATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING, LITIGATION, OR ANY OTHER PROCEEDING. THE ARBITRAL TRIBUNAL OR COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
119 Lancha Circle, Apt. 201, Indian Harbour Beach, FL 32937
or via our phone number: 321-323-9102
To register a complaint or concern, please email us at contact@mind-muscleconnection.com.