Website Terms and Conditions of Use
The Websites PNPTribe.com & Phit-n-Phat.com ("Websites") and their Content (defined below) are owned by Phit-N-Phat Personal Training, LLC. The term "you" refers to the user or viewer of the Websites.
Please read these Terms and Conditions ("T&C") carefully. You must agree to these T&C and PNP's Rules and Regulations (see https://pnptribe.com/rules-and-regulations/) before you are permitted to enter any online private forums operated by PNP (defined below) for any purpose, whether on a website hosted by PNP or a third-party website such as facebook.com; use any PNP training programs; participate in any PNP one-on-one or group coaching, class, program, or personal training; participate in any PNP workshop or challenge; attend any PNP event or camp; view any PNP video; and/or purchase or take part in any future PNP service or activity, whether now known or unknown (collectively "PNP Activities").
If you do not agree with these T&C, you may not use the Websites or their Content.
As used in these T&C, the term "Releasees" is defined to include the following: (i) Phit-N-Phat Personal Training, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively, "PNP"); (ii) any PNP volunteers; (iii) April Corinne Crabtree; and (iv) John Christopher Crabtree.
The Websites and Content are intended and only suitable for individuals aged 18 and above. Some of their content may not be appropriate for children. Children under the age of 18 are not permitted to use the Websites or Content. PNP hereby disclaims all liability for use by individuals under the age of 18.
Payment and Refunds
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to PNP, without any additional authorization, for which you will receive an electronic receipt. You also agree that PNP is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise we reserve the right to terminate your access to the Websites and all Content immediately and permanently.
If you fail to make payment in a timely manner in accordance with these T&C or voluntarily decide to withdraw from the Websites and Content at any time or for any reason, you will remain fully responsible for the full cost of all payments in any payment plan you choose.
Your satisfaction with the Websites and Content is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Websites and Content, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payments and no refunds will be provided to you at any time. By using the Websites and Content, you understand and agree that all sales are final and no refunds will be provided.
Since we have a clear and explicit Refund Policy in these T&C that you have agreed to prior to completing your purchase, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Websites and Content Ownership
The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Websites, any third-party website PNP may use to distribute or host its content, and contained in e-mails sent to you by PNP (collectively, the "Content") is property of PNP and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
Intellectual Property Rights
PNP's Limited License to You
If you view, purchase or access any Websites or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Websites and Content for your own personal, non-business purposes only. You may not republish, reproduce, duplicate, copy, display, distribute to friends or family, or otherwise use any material from the Websites or Content for commercial purposes or in any way that earns you money. By downloading, printing, or otherwise using the Websites or Content for personal use you in no way assume any ownership rights of the Content - it is still PNP property. Any reproduction or unauthorized use of any materials found on the Websites or Content shall constitute infringement.
You must receive our written permission before using any of the Websites or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Websites or Content are trademarks belonging to PNP, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Your use of any materials found in the Websites or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted ("Unauthorized Use"). You agree to pay liquidated damages of five (5) times your total fees paid for access to the Websites and Content in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for such access, in addition to any legal or equitable remedies PNP may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
Your License to PNP
By posting or submitting any material on or through the Websites such as comments, posts, photos, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of PNP's current or future Websites and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by PNP during PNP Activities that may contain you, your voice and/or your likeness. In PNP's sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to PNP or created by PNP in connection with your participation in any PNP Activities, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or PNP, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Websites or in our Content at any time for any reason.
This means you give PNP permission to use anything you submit or post on the Websites or any third-party forum or website operated by PNP, or anything captured by PNP during your participation in PNP Activities, including images in which your face is visible and recognizable.
Request for Permission to Use PNP Content
If you wish to use any of PNP's Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by completing the "Contact Us" form on the Websites, or by sending an e-mail to email@example.com.
If you are granted permission by PNP, you agree to use the specific Content that PNP allows and only in the ways for which PNP has given you its written permission. If you choose to use the Content in ways that PNP does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you agree to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Websites and Content.
No Pitching, Selling or Promoting Other Products, Groups, Programs, or Events on the Websites
PNP is a "pitch free zone." You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events on the Websites.
This means you agree not to form, or ask PNP members to join, "shadow" groups based on interests or locality. You agree not to invite PNP members to participate in events, such as a race, seminar, or athletic competition, without first receiving approval from PNP. You agree not to promote or sell products such as essential oils, exercise DVDs, or nutritional supplements, unless you are authorized or requested to do so by PNP.
Your Conduct on the Websites
Please choose carefully the materials that you upload to, submit to, or embed on the Websites and any third-party forums operated by PNP. Any material you post on the Websites or in any third-party forums operated by PNP becomes public. You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Websites and any third-party forums operated by PNP, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
PNP, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Websites and any third-party forums operated by PNP. PNP does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. PNP neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Websites or any third-party forums operated by PNP. PNP shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Websites and any third-party forums operated by PNP.
PNP expects our members to be kind and respectful to other members at all times.
You are strictly forbidden from the following:
- Harassing, fighting with, or being disrespectful to other members
- Causing damage to the Websites
- Using the Websites for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using the Websites to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using the Websites to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from the Websites
- Sharing private and proprietary information from other PNP members with anyone else
If, in PNP's sole discretion, your conduct on the Websites violates these T&C in any way, you agree that PNP may immediately and permanently terminate your access to the Websites and Content without refund.
Username and Password
PNP reserves the right in its sole discretion to refuse or terminate your access to the Websites and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Websites or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Websites and its Content will still apply now and in the future, even after termination by you or PNP.
Personal Responsibility, Assumption of Risk, Disclaimers, and Indemnification
- You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees.
- You acknowledge that, by engaging with PNP for PNP Activities, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in PNP Activities, whether or not caused by the active or passive negligence of the Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to PNP for PNP Activities.
- You represent and warrant to Releasees that you are able to safely participate in PNP Activities and have no medical condition that would make your participation in PNP Activities more hazardous. You acknowledge that you have had a physical examination and have been given a physician's permission to participate, or that you have decided to participate in PNP Activities without the approval of a physician.
- The Websites and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Websites or Content prevents, cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. PNP disclaims any liability for your reliance on any opinions or advice contained in the Websites or Content. If you have thoughts about harming others or yourself, you should NOT use the Websites or Content. Instead, you should immediately call 911 and seek appropriate professional help. If PNP is informed of your intention to harm yourself or others, we reserve the right to contact proper authorities and release whatever information we possess to protect the individual(s) at risk.
- You agree that PNP has not made and does not make any representations about the earnings or results you may receive as a result of your use of the Websites or Content. PNP cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Websites or Content, and you understand that results and earnings differ for each individual.
- Any links to third-party products, services, or sites are subject to separate terms and conditions. PNP is not responsible for or liable for any content on or actions taken by such third-party company or website. Although PNP may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
- PNP tries to ensure that the availability and delivery of the Websites and Content is uninterrupted and error-free. However, PNP cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
- THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITES AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PNP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PNP DOES NOT WARRANT THAT THE WEBSITES OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITES, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- PNP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITES, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITES.
- PNP controls and operates the Websites from offices in the United States. PNP does not represent that materials on the Websites are appropriate or available for use in other locations. People who choose to access the Websites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- You expressly agree that these T&C are intended to be as broad and inclusive as permitted by the law of the State of Tennessee, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
PNP may change, modify or update these T&C at any time without notice. Any access or use of the Websites or Content by you after PNP posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact firstname.lastname@example.org.
By clicking on the box when signing up at neacreative-pnptribe.pantheonsite.io, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document.
PNPTribe.com owns and operates this website. We are committed to the privacy and security of our visitors' information. The following is a statement of our privacy practices:
- Your personal information is not required to visit PNPTribe.com
- Any personal information collected is knowingly provided by you and only when requested/required during account registration for interactive participation on PNPTribe.com and during the ordering process
- Your IP address is a numeric address assigned to your computer, assigned by your Internet service provider. We automatically collect your IP address as traffic data so that we can send information back to you when requested. This is not used to identify your personal information.
- Referrers are references to the web address you linked from and is automatically passed along by your web browser. We collect referrers your browser sends as part of traffic data. This is not attached to personally identifiable information.
- System information such as your operating system/platform, and the type of web browser you use. This is not attached to personally identifiable information.
- Your information is maintained on a secure web server in what we believe to be a well protected environment.
- PNPTribe.com only shares personal information to billing companies for completing transactions and for no other purpose. No other information is shared with any other third-party company for any purpose, under any circumstance.
- PNPTribe.com makes every effort to preserve your privacy, personal information may be disclosed when required by law where we have a good-faith belief that such action is necessary to comply with a judicial proceeding, court order or legal process.
PNPTribe.com relies on "cookie" technology to allow you to re-access your registered account profile during a web session. This mechanism is employed solely for your convenience and for no other purpose.
This Web site contains links to other sites. Please be aware that we, PNPTribe.com, are not responsible for the privacy practices of such other sites. We encourage our visitors to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
This web site takes every precaution to protect our visitor's information. When visitors submit sensitive information via the web site, their information is protected both online and off-line.
We do everything in our power to protect user-information off-line. All of our customers' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Finally, the servers that store personally identifiable information are in a secure environment, in a locked facility.
If visitors have any questions about the security on PNPTribe.com, feel free to contact Customer Service.
Correcting, Updating, Deleting & Deactivating Personal Information
If a visitor's personally identifiable information changes (such as zip code, phone, email or postal address), or if a visitor no longer desires our service, we provide a way to correct, update or delete/deactivate personally identifiable information. This can usually be done at the 'Your Account' page or by contacting our Customer Service.
Notification of Changes
If, however, we are going to use visitors' personally identifiable information in a manner different from that stated at the time of collection we will notify users by posting a notice on our web site for 30 days.