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Terms & Conditions

THERE IS A MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION IN THESE TERMS.  PLEASE REVIEW CAREFULLY.

The following terms (“Terms of Use”) constitute an agreement between Turning Pointe LLC d/b/a PROnatal Fitness (the “Company”) and the purchaser (“You”) of a program, service, or professional course (the “Product” or “Products”) offered by PROnatal Fitness found at https://pronatalfitness.com/ (the “Website”) that governs Your participation with the Products. You agree to abide by the Terms of Use as a condition of Your participation with a Product.

Your purchase of any Product constitutes Your acceptance of, and agreement to the following Terms of Use. Company reserves the right to modify, alter, amend or update its Products, policies and these Terms of Use. These Terms of Use are subject to change without notice. If You do not agree with or do not accept any part of these Terms of Use, You should not purchase any Product. Additionally, Products are hosted on two different external websites – Inspire360 and Exercise.com – and are subject to the Inspire360 or Exercise.com Terms of Service and Privacy Policy.

Privacy Policy

Company respects Your privacy and is committed to protecting it. Your access and use of the Products are subject to the Product’s privacy policy as well.

Disclaimer

You understand that a professional or consulting relationship does not exist between You and Company.  Company has made every effort to ensure that all materials in the Products have been tested for accuracy. There is no guarantee that You will see positive results to Your business using the techniques and materials provided by Company. Company assumes no management responsibility for Your decisions or for policies or practices that You implement.

Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. Company makes no guarantees regarding results, present or future. Company is not responsible for Your earnings, income, sales, or any other business performance as a result of this Agreement.

Medical Information Disclaimer

From time to time, the Products may discuss topics related to health, fitness, nutrition, or medicine. This information is not advice and should not be treated as medical advice. The medical information provided in the Products is provided “as is” without any representations or warranties, express or implied.

You must not rely on the information in the Products as an alternative to advice from Your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided in the Products.  All medical information in the Products is for informational purposes only.

Fitness Information Disclaimer

The Products may discuss topics related to health and fitness and may include information on exercise and workouts.  The fitness information provided in the Products is for informational purposes only. Consult a physician or medical professional before beginning any fitness program. Any form of exercise poses inherent risk of injury and by voluntarily engaging in any exercise or workout presented in the Products You assume the risk of any potential injury that may result. Even if the information provided in the Products is from a certified personal trainer, it is for informational purposes only and the personal trainer has not consulted with You on an individual basis.

Nutrition Disclaimer

All information provided regarding nutrition in the Products is intended to be used for informational purposes only. Content related to nutrition is not medical advice nor is it intended to replace medical advice. The Products are not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program, modifying Your diet, or making changes to the diet of a child in Your care, including following the nutrition information available in the Products, You should seek advice from a licensed professional.

Company is not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available in the Products.

The Food and Drug Administration has not evaluated the statements contained in any information in the Products. Individual results may vary.

Holistic Healing Information Disclaimer

All information provided regarding holistic healing in the Products is intended to be used for informational purposes only. Content related to holistic healing is not medical advice nor is it intended to replace medical advice. The Products are not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before implementing any information provided in the Products, You should seek advice from a licensed medical professional.

We are not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the holistic healing information available in the Products.

Parenting Information Disclaimer

All information in the Products is for informational purposes only and is not a replacement for medical advice from a physician or Your pediatrician. The information in the Products does not replace the relationship between physician/therapist and client in a one-on-one treatment session with an individualized treatment plan based on their professional evaluation.  The information provided in the Products is provided “as is” without any representations or warranties, express or implied.

Do not rely on the information in the Products as an alternative to advice from Your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided in the Products.  All medical information in the Products is for informational purposes only.

Your Responsibility

The Products were developed strictly for educational purposes. You understand and agree that You are fully responsible for Your participation, progress, and results from the Products. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. You understand that Company is not responsible for Your results or any expenses that You may incur as a result of Your purchase. Company assumes no responsibility for errors or omissions that may appear in the Products.

Assumption of Risk and Waiver

The Products may provide or involve workouts or other strenuous activity.  This can have such effects as increasing Your heart rate, placing strain on muscles and/or tendons and ligaments, or may result in injury up to and including death or loss of pregnancy.  You agree that You have expressly discussed Your participation in an exercise program with Your doctor, and Your doctor has given their approval for Your participation. You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury damage, loss, claim, liability, or expense, of any kind that may arise from utilizing the workouts or other information provided during any Products.

Purchase Policies

You may purchase Products on the Website. To purchase a Products, You will be required to select a payment option and provide information regarding Your credit card or other payment instrument. You represent and warrant to Company that such information is true and that You are authorized to use the payment instrument. You will promptly update Company with any changes (for example, a change in Your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Use. You hereby authorize Company to bill Your payment instrument in advance in accordance with the terms of the applicable payment plan until You complete full payment and You further agree to pay any charges so incurred. If You dispute any charges You must let Company know within thirty (30) days after the date that Company charges You.

Products that are Self-Guided Training Programs (“Programs”) found at https://pronatalfitness.com/online-workouts/ include 3 workouts per week for duration of program, weekly emails with tips and resources (including nutrition information, childbirth preparation, and other resources specific to stage), and access to a private PROnatal Client Community Facebook Group. You will have lifetime access to these Programs and support group as long as the Company offers them.

The Products that are for Personal Training Services found at https://pronatalfitness.com/personal-training/ are for working directly with a PROnatal Fitness Personal Trainer – either online or in-person. Trainers will perform an assessment, develop a customized training plan based on assessment, and perform 60-minute coaching sessions for each session purchased. Sessions must be used prior to expiration date.

Products that are professional courses (“Courses”) found at https://pronatalfitness.com/fitness-professionals/overview/ include downloadable text, prerecorded webinars, self-checks, and several downloadable materials (including videos, templates, forms, worksheets, and client handouts). Courses are lifetime access (including all updates) and the Pre/Postnatal Performance Training Specialist Course includes access to a private PROnatal Professionals Facebook Group.  You will have lifetime access to the Courses so long as the Company offers the Courses.

Registration and Restricted Access

Access to the Products is restricted to Product purchasers.  When You register, You will create a user profile, which may include a username and password. You agree to keep Your username and password confidential.  You may not share Your username and password with anyone, for any reason, without express written consent by Company.  If You suspect Your password has been compromised, You must notify Company immediately at info@pronatalfitness.com. Company will not be liable for any loss caused by the unauthorized use of Your account; however, You may be liable to Company or other third parties for any losses incurred due to such unauthorized use.

Company may disable Your username and password and access to Products at its sole discretion.

Company reserves the right to modify methods for registration and access levels of registered users from time to time.

Refund Policy

All Professional courses found at https://pronatalfitness.com/fitness-professionals/overview/ are NOT eligible for refunds or exchanges.

All Self-Guided Programs found at https://pronatalfitness.com/online-workouts/ are eligible for refund within thirty (30) days of purchase.  Please contact info@pronatalfitness.com within thirty (30) days of purchase to request a refund. No refunds will be granted thereafter.

All Personal Training services found at https://pronatalfitness.com/personal-training/ are eligible for refunds on any unused sessions within the expiration period.  Please contact info@pronatalfitness.com to request a refund of unused package sessions prior to the package expiration. No refunds will be granted thereafter.

Certain jurisdictions may have longer periods where refunds will be granted. Company will honor such periods as required by law.

License for use of Products

All Products available for sale on the Website were developed solely for Your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.  You may not create any derivative works of the Products.  When You purchase any of the Products, You agree that You will not use any information You gain from the Products to create any product or service, whether offered for commercial or personal use, without express written consent of the Company.  All inquiries for use of Company intellectual property must be submitted to info@pronatalfitness.com. Company reserves the right to seek equitable and compensatory relief for any violation of this term.

Confidentiality & Privacy

Company respects Your privacy and insists You agree to respect the privacy of Company and all other Product participants (“Participants”). Any confidential information (“Confidential Information”) shared by Product Participants or any Company representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. All Parties agree not to disclose, reveal, or make use of any Confidential Information or any transactions, during discussions, in the Products, or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants. Confidential Information includes, but is not limited to, information disclosed in connection with these Terms of Use, and information related to the business or client information of Company or a Participant or health information of a Participant and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft. You agree not to violate the Company’s publicity or privacy rights. Furthermore, You will NOT reveal any information to a third party obtained in connection with these Terms of Use. By purchasing a Product, You agree that if You violate or display any likelihood of violating these Terms of Use, the Company and/or the other Participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

Intellectual Property

All original materials provided by Company as part any Product are owned by Company. Any original materials are provided for Your individual use only. You are not authorized to use or transfer any of Company’s intellectual property or any aspect of any Product. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

By accessing and viewing any Product, You agree that You will not create any electronic information product that utilizes the information gained through the Product whether or not that information was available through other means.

Certain of the names, logos, and other materials displayed in the Products constitute Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Company IP”). You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company and You agree not to make any claims or assertions of any other party’s ownership of Company IP.

PROnatal Fitness is a trademark of Company and is protected by United States trademark law. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company.

Use of the Products

Each Products includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. You may view, download, print, email and use materials from a Product for personal, noncommercial purposes only subject to the license below. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from any Product for commercial purposes, unless expressly approved for such purposes by Company. Any reproduction or unauthorized use of any materials found in the Products shall constitute infringement.

Unless otherwise stated, Company owns the intellectual property and rights to all content and material in the Products. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for Your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

  • Republication of content from the Products, unless content is specifically and expressly made available for republication;
  • Sale, rental or sub-license of any content from the Products;
  • Reproduction or duplication of any content in the Products for commercial purposes;
  • Modification of any content in the Products, unless content is specifically and expressly made available for modification;
  • Redistribution of content in the Products, unless content is specifically and expressly made available for redistribution.

From time to time, the Products will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Company.

You must not use the Products in a way that causes, or may cause, damage to the Products or impairs the availability of access to the Products. You must not decompile, reverse engineer, disassemble or otherwise reduce the Products, except to the extent that such activity is expressly permitted by applicable law. You must not use the Products to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Products without Company’s express written permission.

You must not use the Products to transmit or send any unsolicited commercial communications.

You must not use the Products for any third-party marketing without Company’s express written permission.

COMMENT POLICY

The Products, including any Facebook or support groups provided therewith, may offer You the option to provide comments either written or verbal.  The following types of comments will not be tolerated and will be deleted:

  • harassment directed toward any content creator, Participant or Company;
  • spam;
  • hate speech;
  • defamatory to Company or any third party;
  • reference illegal acts;
  • violate the legal rights of a third party; or
  • Any other action that may impede the use and enjoyment of the Products by other participants.

Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to You if Your comment was determined to be in violation with this policy.  Company reserves the right, in its sole discretion, to revoke access to the Products in the event You violate this provision.  In this event, no refunds will be due to You.

You are, and shall remain, solely responsible for the any content You upload, submit, post, transmit, communicate, share, or exchange by means of any Products, including any associated Facebook/support group and for the consequences of submitting or posting same. COMPANY DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE PRODUCTS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PARTICIPANTS OF THE PRODUCTS. YOU ACKNOWLEDGE AND UNDERSTAND THAT COMPANY HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS PARTICIPANTS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS PARTICIPANTS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS PARTICIPANTS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER PARTICIPANTS PARTICULARLY IF YOU DECIDE TO MEET ANOTHER PARTICIPANT IN PERSON. COMPANY DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS PARTICIPANTS. IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY PARTICIAPNT’S CONDUCT, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN PARTICIPANTS.

You and any Participant violating the Terms of Use may be immediately and permanently removed from the Products, in Company’s sole discretion.

Any content posted in the Facebook Groups (“Groups”) that are included with some Products is the sole responsibility of the person(s) who created it, and Company and its employees, agents, directors, and officers, undertake no obligation or liability related to such content. Company and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful content posted by Participants, nor does it assume responsibility or liability that may arise from any content posted in the Groups, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.

Company reserves the right to report to the appropriate authority any post, comment, message or Participant in the Products that Company deems, in its sole discretion, may implicate the safety of either a Participant or a third-party.

Communication – Electronic Notice

You consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

Third Parties

The Products offer resources that may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that You have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to Your use of a third-party website.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Products, You must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked in the Products, You expressly hold Company harmless from any and all liability in any dispute.

No Warranties

The Products are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Company makes no representations or warranties in relation to the Products or the information and materials provided therein.

Company makes no warranty the Products will meet Your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Products.

Limitation of Liability

COMPANY WILL NOT BE LIABILE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE, THE PRODUCTS OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Indemnity

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) Your negligence or intentional misconduct, (ii) Your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by You including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, Your obligations hereunder.

Equitable Relief

You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, You agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

Miscellaneous

The Terms of Use will be governed and construed in accordance with the laws of the State of New York. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in New York County, New York. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by You without Company’s prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Product offered by Company. Company reserves the right to amend, alter, or modify the Terms of Use at any time. All notices with respect to the Terms of Use must be in writing and may be via email to info@pronatalfitness.com for Company and to Your email address.

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.