Agreement between User and www.1Workout4Life.com
Welcome to www.1Workout4Life.com. The www.1Workout4Life.com website (the “Site”) is comprised of various web pages operated by Fitness Spark Plug, LLC (“Fitness Spark Plug”).
www.1Workout4Life.com (the “Service”) is offered to you (the “User”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.1Workout4Life.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.1Workout4Life.com is a Fitness Exercise and Nutrition Education Site.
The purpose of this Site is to promote the “1 Workout 4 Life” mobile software application (the “App”) and to convey information and education in the fields of fitness exercise and nutrition. Products related to “1 Workout 4 Life” and “Fitness Spark Plug” are also available for purchase through this Site – including sportswear, apparel, drink ware, accessories, and other miscellaneous goods.
Privacy
Your use of www.1Workout4Life.com is subject to Fitness Spark Plug’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
DISCLAIMER ON PHYSICAL ACTIVITY
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER FITNESS PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THE INFORMATION PROVIDED IN THIS PROGRAM IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE, ON THE “1 WORKOUT 4 LIFE” SOFTWARE APPLICATION, OR ANY OTHER PRODUCTS OR MATERIALS RELEASED BY FITNESS SPARK PLUG. FITNESS SPARK PLUG, LLC IS NOT A MEDICAL ORGANIZATION. PRODUCTS AND MATERIALS ARE PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED AS MEDICAL ADVICE. INFORMATION CONTAINED IN THESE PRODUCTS AND MATERIALS SHOULD NOT BE USED TO DIAGNOSE OR TREAT ANY ILLNESS. DO NOT START A DIET OR FITNESS ROUTINE WITH US IF YOUR HEALTH CARE PROVIDER ADVISES AGAINST IT. THIS SITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS.
In becoming a User with the intent of using this Service, you affirm that either (A) all of the following statements are true:
• – (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;
• – (ii) you have never felt chest pain when engaging in physical activity;
• – (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month;
• – (iv) you have never lost your balance because of dizziness and you have never lost consciousness;
• – (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity;
• – (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and
• – (viii) you do not know of any other reason you should not exercise;
or (B) your physician has specifically approved of your use of Services provided by Fitness Spark Plug and the “1 Workout 4 Life” software application.
And if you are a woman with the intent of using the Site and/or App, you further affirm that either (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of Services provided by Fitness Spark Plug and the “1 Workout 4 Life” software application.
By using the “1 Workout 4 Life” software application, you certify that you have received consent from your physician to participate in the programs, workouts, and exercises to be provided by Fitness Spark Plug. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and or death.
Fitness Spark Plug, LLC is not responsible for any health problems that may result from training programs, products, contests, or events you learn about through www.1Workout4Life.com, the “1 Workout 4 Life” software application, or any other Fitness Spark Plug service. If you engage in any exercise program you receive through Fitness Spark Plug, you agree that you do so at your own risk, and are voluntarily participating in these activities.
Electronic Communications
Visiting www.1Workout4Life.com or sending emails to Fitness Spark Plug constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Age
Fitness Spark Plug does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. To download the “1 Workout 4 Life” software application or any Fitness Spark Plug service, on any device, and/or to provide any information to us, you must be at least 18 years of age. To make any purchases through our Site and/or our App, you must be the minimum age required to enter into a contract in the area in which you reside. The minimum age for any product purchase is 18 years old.
Production & Shipping Times
Products available through the Site’s store are produced and shipped from a fulfillment center on average 2-3 business days after purchase. Shipping times can then be calculated from the map below (map shown is “Ground Shipping”).
Cancellation/Refund Policy
Products available through the Site’s store are “Print on Demand.” Therefore, once orders are completed for merchandise, there are no cancellations, refunds, returns, or exchanges.
CustomCat, LLC (the merchandise fulfillment company who creates and ships the tangible good products available on our website) states: “We stand behind the quality of our products and guarantee our workmanship 100%. Any defects or errors on our part will result in a replacement at no charge. We typically do not accept returns due to user error such as incorrect selection of sizes, designs, colors, etc.”
Links to Third Party Sites/Third Party Services
www.1Workout4Life.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Fitness Spark Plug and Fitness Spark Plug is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fitness Spark Plug is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fitness Spark Plug of the site or any association with its operators.
Certain services made available via www.1Workout4Life.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.1Workout4Life.com domain, you hereby acknowledge and consent that Fitness Spark Plug may share such information and data with any third party with whom Fitness Spark Plug has a contractual relationship to provide the requested product, service or functionality on behalf of www.1Workout4Life.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.1Workout4Life.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Fitness Spark Plug that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Fitness Spark Plug or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Fitness Spark Plug content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Fitness Spark Plug and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Fitness Spark Plug or our licensors except as expressly authorized by these Terms.
Licensing for Shared Content
You are responsible for all activity and content (data, graphics, photos, links) that you upload or create on this Site, on the “1 Workout 4 Life” mobile software application, submit through a pop-up form, or email to any email account owned and managed by Fitness Spark Plug, LLC.
In exchange for the services provided by Fitness Spark Plug, you grant a continued, worldwide, unlimited, irrevocably, non-exclusive license without any extra remuneration by Fitness Spark Plug, including the right to sub-license, to all information, including but not limited for texts, images, photos, video and sound files, designs and user information, which is uploaded to, shared with or saved within the Services or shared with Fitness Spark Plug in any other way by you (the “Shared Content”) to use, copy, distribute, transfer, perform, modify, or use otherwise, for commercial or other purposes through all existing media.
By accepting these Terms, you guarantee that the Shared Content does not infringe any intellectual property right, privacy or other rights of third parties, does not contravene the law, does not contain (child) pornographic material or is otherwise offensive, does not constitute threat or defamation, is free from viruses or other code which is harmful or can be harmful to computers, other electronics or the data or programs contained thereon, and has no commercial purpose.
You remain fully responsible and liable for any direct or indirect damage caused for Fitness Spark Plug and third parties due the Shared Content from and/or by you.
International Users
The Service is controlled, operated and administered by Fitness Spark Plug from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Fitness Spark Plug Content accessed through www.1Workout4Life.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Fitness Spark Plug, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Fitness Spark Plug reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fitness Spark Plug in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Fitness Spark Plug agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FITNESS SPARK PLUG, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FITNESS SPARK PLUG, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FITNESS SPARK PLUG, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FITNESS SPARK PLUG, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FITNESS SPARK PLUG, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Fitness Spark Plug reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fitness Spark Plug as a result of this agreement or use of the Site. Fitness Spark Plug’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fitness Spark Plug’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Fitness Spark Plug with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fitness Spark Plug with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fitness Spark Plug with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Fitness Spark Plug reserves the right, in its sole discretion, to change the Terms under which www.1Workout4Life.com is offered. The most current version of the Terms will supersede all previous versions. Fitness Spark Plug encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Fitness Spark Plug welcomes your questions or comments regarding the Terms:
