Durable Athlete Terms & Conditions
1. Your Acceptance
By using and/or visiting the thedurableathlete.com website, the Durable Athlete mobile application or any other website or mobile application owned by FitForm LLC, or any successor website or mobile application of the foregoing (collectively the “Platform”), you (“You”) acknowledge that You have read, understood and assent to both these Terms of Use. These Terms of Use apply to any and all users of the Platform.
These Terms of Use constitute a binding agreement between You and FitForm LLC and its parents, subsidiaries, affiliates, successors, and assigns (collectively “thedurableathlete.com”) governing Your use of the Platform. You are authorized only to use the Platform if You agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully. If You do not agree to these Terms of Use, please do not use and/or visit the Platform.
2. Platform Access
FitForm LLC hereby grants You permission to use the Platform as set forth in these Terms of Use, provided that: (i) Your use of the Platform as permitted is solely for Your personal, noncommercial use; (ii) You will not copy or distribute any part of the Platform in any medium without FitForm LLC prior written authorization; (iii) You will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purpose; and (iv) You will otherwise comply with the terms and conditions of these Terms of Use.
In order to access some features of the Platform, You will have to create an account. You are not allowed to use another user’s account without permission. When creating Your account, You must provide true, current, accurate and complete information about yourself. If FitForm LLC suspects that Your registration information is not true, complete, current, or accurate, or that You have otherwise violated these Terms of Use, Your account may be subject to suspension or termination, and You may be barred from using thedurableathlete.com Website or the Durable Athlete mobile application. By registering with thedurableathlete.com or the Durable Athlete mobile application, You represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the thedurableathlete.com Platform.
You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You may change Your password at any time. You agree to immediately notify thedurableathlete.com (FitForm LLC) if You suspect or know of any unauthorized use of Your password or account or any other breach of security. FitForm LLC cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 2. You acknowledge and agree that we may preserve user information and may also disclose user information, if required to do so by law or if we believe, in good faith, that such preservation or disclosure is reasonably necessary to0: (i) comply with the legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of thedurableathlete.com (FitForm LLC), its users, or the public.
FitForm LLC also reserves the right to terminate a user’s access to the Platform at any time in its sole discretion and without prior notice.
You agree not to use or launch any automated system or technological devices or programs that access the Platform in a manner that sends more request messages to the thedurableathlete.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You further agree not to access, monitor or copy any content or information of this Platform using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, FitForm LLC grants the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. FitForm LLC reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information (“Personal Information”) including without limitation individual names, account names, email addresses, or other user identifying information from the Platform, nor use the communication systems provided by the Platform for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Platform.
3. Third Party Websites
The Platform may contain links to third party websites that are not owned or controlled by FitForm LLC (thedurableathlete.com). FitForm LLC has no control over and assumes no responsibility for the content, quality, suitability, functionality, legality, privacy policies, or practices of any third party website. You acknowledge and agree that FitForm LLC is not responsible for the content on the internet or on web-pages that are contained outside the Platform. By using the Platform, You specifically release FitForm LLC from any and all liability arising from Your access or use of any third party website, Your correspondence or dealings with other users, advertisers, partners, or other third parties found on or through the Platform, and/or Your participation in promotions, sweepstakes, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third parties.
4. Intellectual Property Rights
The content on the Platform including without limitation, all text, graphics, images, photos, computer code, software, scripts, multimedia files, interactive features trademarks, service marks and logos (the “Content”) are owned by or licensed to FitForm LLC, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Platform is provided to You as is for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of FitForm LLC or as expressly provided herein. FitForm LLC reserves all rights not expressly granted in and to the Platform and the Content contained therein.
You agree not to engage in the use, copying, or distribution of any of the Content for any commercial purposes. If You download or print any Content for personal use, You must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Platform or the Content.
Modifications to the Platform
FitForm LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. FitForm LLC shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Platform.
6. Termination
FitForm LLC may, under certain circumstances and without prior notice, immediately disable or terminate Your thedurableathlete.com account, access to the Platform, or any other thedurableathlete.comservices. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Terms of Use or other incorporated agreements or guidelines; (ii) requests by law enforcement or other government agencies; (iii) a request by You (self-initiated account deletions); (iv) discontinuance or material modification to the Website (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) engagement by You in fraudulent or illegal activities; and/or (viii) nonpayment of any fees owed by You in connection with the Platform or any other FitForm LLC product or service.
Termination of Your thedurableathlete.com account includes: (i) removal of access to all pages within the Platform; (ii) deletion of Your password and all related information, files and materials, including User Submissions associated with or inside Your account (or any part thereof); and (iii) barring of further use of the Platform. Further, You agree that all terminations for cause shall be made in FitForm LLC sole discretion and that FitForm LLC shall not be liable to You or any third party for any termination of Your account, any associated email address, or access to the Platform.
7. Warranty & Safety Disclaimer
You agree that your use of the Platform shall be at your sole risk to the fullest extent permitted by law, FitForm LLC, and any parent, subsidiary, affiliate, successor, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of FitForm LLC, disclaim all warranties, express or implied, in connection with the website or Durable Athlete mobile application and your use thereof. FitForm LLC makes no warranties or representations about the accuracy or completeness of the website’s content, the Durable Athlete mobile application or the content of any sites linked to this site or mobile application and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website or any of its products and/or services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the website or mobile application, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website or mobile application by any third party, and/or (v) any errors or omissions in any content, user submission or other material or for any loss or damage of any kind incurred as a result of the use of any content, user submission, or other material posted, emailed, transmitted, or otherwise made available via the website or mobile application. FitForm LLC does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked website or other promotion, and FitForm LLC (thedurableathlete.com) will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. no advice or information, whether oral or written, obtained by you from FitForm LLC (thedurableathlete.com) shall create any warranty not expressly stated in the terms of use. as with the purchase of a product or service through any medium or in any environment, use your best judgment and exercise caution where appropriate.
8. Limitation of Liability
In no event shall FitForm LLC, or any parent, subsidiary, affiliate, successor, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of FitForm LLC, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our Platform, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Platform by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that FitForm LLC shall not be liable for user submissions or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The Platform is controlled and offered by FitForm LLC from its facilities in the United States of America. FitForm LLC makes no representations that the Platform is appropriate or available for use in other locations. Those who access or use the website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9. Indemnity
You agree to defend, indemnify and hold harmless FitForm LLC and any parent, subsidiary, affiliate, successor, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of FitForm LLC, from and against any and all alleged claims, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s’ fees) arising from: (i) Your use of and access to the Platform; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any alleged claim, claim, or cause of action that one (or more) of Your User Submissions caused, is causing, or will cause damage to a third party, as a result of infringement or otherwise. This defense and indemnification obligation will survive these Terms of Use and Your use of the Platform.
10. Ability to Accept Terms of Use
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. FitForm LLC is not intended for children under 13. If You are under 13 years of age, then please do not use the thedurableathlete.com Website.
11. Assignment
These Terms of Use, and any rights and licenses granted hereunder may not be assigned, transferred, delegated, and sublicensed by You, but may be assigned, transferred, delegated, and sublicensed by FitForm LLC without restriction.
12. Intellectual Property
The thedurableathlete.com Platform is owned by FitForm LLC. No portion of the Platform may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose.
All of the thedurableathlete.com or Durable Athlete mobile app trademarks, including but not limited to the Durable Athlete and the Durable Athlete app are owned by FitForm LLC and may not be used for any purpose without the prior written permission of FitForm LLC.
13. General
In the event any provision contained in these Terms of Use is determined to be invalid, illegal or otherwise unenforceable in any respect for any reason, the validity, legality and enforceability of the provision in every other respect and the remaining provisions of these Terms of Use will not be in any way impaired and shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and FitForm LLC failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. FitForm LLC reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Platform. It is Your responsibility to review these Terms of Use for any changes.
Your use of the Platform following any amendment of these Terms of Use will signify Your assent to and acceptance of its revised terms. These Terms of Use constitute an agreement that shall be governed by and construed in accordance with laws of the State of Texas without regard to its conflict of law provisions and without regard to the actual state or county of incorporation or residence of either party. You agree to submit to the personal and exclusive jurisdiction of the courts located in Travis County, Texas, in connection with any action arising under this Agreement. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
14. Community Standards Policy
1. Adult Nudity & Sexual Activity
People sometimes share content containing nudity for reasons like awareness campaigns or artistic projects. thedurableathlete.com restricts the display of nudity and sexual activity because some audiences within our global community may be sensitive to this type of content – particularly because of their cultural background or age. In order to treat people fairly and respond to community reports quickly.
2. Hate Speech
thedurableathlete.com removes hate speech when reported or seen by community administrators or moderators. This includes content that directly attacks people based on their:
- Race
- Ethnicity
- National origin
- Religious affiliation
- Sexual orientation
- Sex, gender, or gender identity
- Serious disabilities or diseases
Personal attacks and harassment will not be tolerated. Sexist, racist, misogynist, homophobic, and broad, offensive generalizations about groups of people are simply not allowed. Comments or discussions written intentionally to provoke will also be removed.
People dedicated to promoting hatred against these protected groups are not allowed a presence on thedurableathlete.com or Durable Athlete mobile application.
3. Violence and Graphic Content
thedurableathlete.com and Durable Athlete mobile application is a community where people share their experiences and raise awareness. Sometimes, those experiences and issues involve violence and graphic images that are of public interest or concern, such as human rights abuses or acts of terrorism. Many times when people share this type of content, they are condemning it or raising awareness about it. We remove graphic images when they are reported or seen by community admin or moderators. When people share anything on thedurableathlete.com or the Durable Athlete mobile application, we expect that they will share it responsibly, including carefully choosing who will see that content. We also ask that people warn their audience about what they are about to see if it includes graphic violence. “Thank you for being considerate to our community policy and helping us uphold our community standards.
15. Violations of These Terms of Use
Please report any violations of the Terms of Use, including objectionable User Submissions or behavior, to Contact Us. Please state the reasons for your concern and provide a link to the User Submission, other material or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, FitForm LLC in its sole discretion may investigate the matter and take such action as FitForm LLC determines to be appropriate
16. Refunds, Returns, & Satisfaction Guarantee
*Returns & Replacements – We guarantee 100% satisfaction*
If you are unsatisfied with an item that you have purchased, you may return the unused item for an exchange or refund within 30 days of receiving the order (14 -days for digital content). Shipping costs for the return will be covered by the customer unless the item was defective or if the wrong item was shipped.
Durable Athlete Subscription – cancel anytime within 14 days and your account will not be charged. App cancelations need to be requested before your charge is completed. If you request a cancelation after your charge has been processed, you will not be charged moving forward but we can not go back and submit a refund. If you need to cancel your app subscription please follow the steps below:
If purchased on www.thedurableathlete.com you can log into your account, go to “my account”, “subscriptions” to cancel your subscription. If purchased through the app, log into the app, go to “profile”, “manage subscription”,”app” and unsubscribe.
In-Person Training – Cancel anytime within 14 days of purchase with no issues. All In-Person Training sessions purchased must be used within 1 year of the original purchase date.
Mentor Calls – Cancel anytime within 14 days of purchase with no issues. All Mentor call sessions purchased must be used within 1 year of the original purchase date.
Custom Programing – Once purchased this product is not refundable once the Durable Athlete has taken time to write out and program this customized product specifically for said customer.
*Please Note The Following Conditions Apply:*
– Shipping charges are not refunded when you return an item.
– A $5.00 processing fee will be added to any returns/refunds.
– Items must be in new, resalable condition. Clothing items must have tags attached to be returnable and all merchandise must be unwashed and unworn.
– If we do not have your requested exchange item on hand, we may issue a refund or store credit for your returned merchandise instead. We will make every effort to fulfill exchange requests whenever possible
– ALL MARKED SALE ITEMS ARE FINAL SALE
In the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.
Usage and Obligations
Affiliates are permitted to use the thedurableathlete.com brand and marketing resources available to you upon request. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright, or any other rights to these materials.
The Affiliate will never imply that they are acting on behalf of thedurableathlete.com and will never advertise thedurableathlete.com products directly. The Affiliate will never bid for advertisements that compete with thedurableathlete.com
The Affiliate will never represent themselves, thedurableathlete.com or their relationship with thedurableathlete.com in a false or misleading way.
The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing thedurableathlete.com.
Term and Termination
Either party has the right to terminate the agreement immediately without prior notice.
If the Affiliate terminates the agreement, no further commissions from thedurableathlete.com will be paid for any past or future customer transactions.
If thedurableathlete.com chooses to terminate the agreement, any balance greater than $25 USD will be paid to the affiliate within 30 days of termination. Balances that are smaller than $25 will be forfeited.
Governing Law
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Texas, without regard to its conflict of laws rules.
Arbitration
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Texas. An award of arbitration may be confirmed in a court of competent jurisdiction.
Modification
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures, and Affiliate Program rules.
Terms of Use last revised August 5th, 2020