Terms of Service
Agreement between User and https://homegymmentor.com/
Welcome to https://homegymmentor.com/. The https://homegymmentor.com/ website (the “Site”) is operated by Home Gym Mentor LLC (“Home Gym Mentor”). The Site is a hybrid platform comprised of various web pages offering both informational content and e-commerce services, including virtual personal training and affiliate-linked product recommendations.
Your use of https://homegymmentor.com/ is conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://homegymmentor.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://homegymmentor.com/ is a hybrid site, offering both informational content and e-commerce services, including virtual personal training and affiliate-linked product recommendations.
1. User Eligibility
The website is intended for users aged 18 and older. However, users between the ages of 13 and 18 may access the site and its services with the involvement and consent of a parent or guardian. By accessing or using this site, you confirm that you meet the applicable age requirement.
Compliance with COPPA
Home Gym Mentor complies with the Children’s Online Privacy Protection Act (COPPA). We do not knowingly collect personal information from children under the age of 13 without verifiable parental consent. If you are under the age of 13, you are not permitted to use this site or provide any personal information to us. If we become aware that we have inadvertently collected personal information from a user under the age of 13 without parental consent, we will delete such information from our records immediately
For users between the ages of 13 and 18, access to and use of the website and its services is only allowed with the involvement and consent of a parent or guardian. By using this site, you represent and warrant that:
- You meet the age requirement.
- You have the legal capacity to enter into a binding agreement.
- All information you provide to us is accurate and up-to-date.
If we discover that you do not meet these requirements, we reserve the right to terminate your access to the site and its services immediately.
2. Account Creation and Information Collection
You are not required to create an account to browse the website. However, if you wish to access our virtual personal training services or any other paid services, you will need to provide certain personal information during the booking or registration process. This information may include your name, email address, payment details, and physical address.
User Responsibility:
You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You may not share your account details with others or allow anyone else to use your account. If you suspect any unauthorized use of your account, you must notify us immediately.
Security and Privacy:
We are committed to protecting your personal information. All personal data collected through the Site is handled in accordance with our Privacy Policy. We employ industry-standard security measures to safeguard your data; however, we cannot guarantee absolute security.
Right to Terminate or Manage Accounts:
Home Gym Mentor LLC reserves the right to terminate, suspend, or modify your account at our discretion, particularly if we detect any breaches of these Terms, misuse of the Site, or security concerns. Additionally, you may not transfer or assign your account to any other person or entity without our explicit permission.
3. Content, Services, and Third-Party Links
Home Gym Mentor provides a combination of informational content and e-commerce services, including virtual personal training, affiliate-linked product recommendations, and other fitness-related resources. The content provided on the Site is for general informational purposes and is not intended to replace professional advice.
No User-Generated Content:
Currently, users are not permitted to submit their own content, such as comments, reviews, or posts. If we decide to allow user-generated content in the future, it will be subject to review and approval by our team to ensure compliance with our content standards.
Affiliate Links:
Some links on the Site are affiliate links, which means that Home Gym Mentor may earn a commission if you click on the link and make a purchase. These affiliate relationships do not influence our content or the products we recommend.
Modifications to Services:
Home Gym Mentor LLC reserves the right to modify, update, or discontinue any services or content on the Site at any time without prior notice. We are not liable for any modifications, suspensions, or discontinuations of services.
Content Posted On Other Websites:
https://homegymmentor.com/ may contain links to third-party websites and resources. Home Gym Mentor LLC has not reviewed, and cannot review, all of the material made available through these third-party websites and webpages. Home Gym Mentor LLC does not have any control over these third-party websites and is not responsible for their contents or use.
No Endorsement:
By linking to a third-party website, Home Gym Mentor LLC does not represent or imply that it endorses such website, its content, or any products or services offered through it.
User Responsibility:
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content that may be present on third-party websites. Home Gym Mentor LLC disclaims any responsibility for any harm resulting from your use of third-party websites and webpages.
4. Payment and Subscription for Virtual Personal Training
If you choose to purchase virtual personal training services or any other paid services offered on the Site, you will be required to provide payment information at the time of booking. Payments are processed through secure third-party payment gateways, such as Stripe or PayPal.
Payment Methods:
We accept major credit cards and payments through PayPal. Payment is required at the time of booking, and your payment information will be securely processed through our third-party payment provider.
Refund Policy:
- Cancellations: You may cancel a session up to 24 hours before the scheduled time to receive a full refund or to reschedule the session. Cancellations made within 24 hours of the scheduled session will not be eligible for a refund.
- No-Show Policy: If you fail to attend a scheduled session without prior notice, no refund will be provided.
- Technical Issues: If a session is disrupted due to technical issues on our end, you may reschedule the session at no additional cost. We are not responsible for technical issues on the client’s side, such as poor internet connectivity.
Subscription Services:
If we offer subscription-based services in the future, you will be billed on a recurring basis according to the plan you select. You may cancel your subscription at any time, but no refunds will be issued for unused portions of the subscription once a billing cycle has begun.
5. User Conduct
By using this Site, you agree to adhere to the following rules and standards of conduct:
Prohibited Activities:
You may not engage in any of the following activities while using the Site:
- Unlawful Behavior: Engaging in any illegal activities or using the Site for any unlawful purposes.
- Harassment: Harassing, threatening, or abusing other users or any individuals associated with Home Gym Mentor.
- Spamming: Sending unsolicited messages, promotions, or advertisements through the Site’s communication channels.
- Hacking: Attempting to gain unauthorized access to the Site, its servers, or any associated data.
- Inappropriate Content: Posting or sharing any content that is defamatory, obscene, offensive, or otherwise inappropriate.
Monitoring and Enforcement:
Home Gym Mentor LLC reserves the right to monitor user activity on the Site and remove any content or terminate any user account that violates these Terms or engages in prohibited activities. We may take any action we deem necessary to enforce these Terms, including reporting unlawful behavior to law enforcement authorities.
Reporting Violations:
If you become aware of any violations of these Terms, you are encouraged to report them to us immediately. We will investigate and take appropriate action as necessary.
6. Intellectual Property and Legal Responsibilities
All content on the Site, including but not limited to text, graphics, logos, images, videos, and software, is the property of Home Gym Mentor LLC or its licensors and is protected by intellectual property laws, including copyright, trademark, and other proprietary rights.
License to Use Content:
Home Gym Mentor grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the content on the Site for your personal, non-commercial use. You may not reproduce, distribute, modify, or create derivative works from any content on the Site without express written permission from Home Gym Mentor LLC.
Prohibited Use:
You may not:
- Remove any copyright or other proprietary notices from the content.
- Use any content for commercial purposes without obtaining a license from us.
- Reverse-engineer, disassemble, or attempt to extract the source code of any software provided on the Site.
User-Generated Content (if applicable):
If, in the future, the Site allows users to submit content (e.g., reviews, comments, or other materials), you retain ownership of your content but grant Home Gym Mentor LLC a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display your content in connection with the operation of the Site.
General Representation and Warranty:
By using https://homegymmentor.com/, you represent and warrant that:
- Your use of the Site will be in strict accordance with the Home Gym Mentor Privacy Policy, these Terms, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area regarding online conduct and acceptable content).
- Your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification:
You agree to indemnify and hold harmless Home Gym Mentor LLC, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of these Terms.
Intellectual Property Infringement:
If you believe that your intellectual property rights have been infringed by content on the Site, please contact us immediately with detailed information about the alleged infringement. We will investigate and take appropriate action, which may include removing the infringing content.
7. Disclaimers
The content and services provided on https://homegymmentor.com/ are for informational purposes only and are not intended as a substitute for professional advice. The following disclaimers apply:
Fitness and Health Advice:
The fitness and health information provided on the Site, including any advice or training plans, is intended to assist users in their personal fitness goals. However, it should not be considered medical advice. Always consult with a healthcare professional before starting any exercise program, particularly if you have any pre-existing health conditions. Home Gym Mentor LLC is not responsible for any injuries, health issues, or other problems that may result from using the Site or following any of the advice provided.
Financial Advice:
Any recommendations for fitness equipment or related products are based on personal opinions and should not be construed as financial advice. Users should conduct their own research and consult with a financial advisor if necessary before making any purchases. Home Gym Mentor LLC does not guarantee the financial benefits of any products or services mentioned on the Site.
No Warranties:
The Site and all content, services, and products provided through the Site are offered “as is” and “as available,” without any warranties of any kind, either express or implied. Home Gym Mentor LLC makes no representations or warranties regarding the accuracy, reliability, or completeness of the content on the Site. We do not warrant that the Site will be available at all times, uninterrupted, or free of errors.
Technical Disclaimers:
Home Gym Mentor LLC is not responsible for any technical issues, including but not limited to interruptions, server errors, or connectivity problems, that may affect your use of the Site or any services provided. Users are responsible for ensuring they have the necessary equipment and internet connection to access and use the Site.
Limitation of Liability:
To the fullest extent permitted by law, Home Gym Mentor LLC shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Site, including but not limited to health issues, financial loss, or technical problems. If you are dissatisfied with any aspect of the Site, your sole and exclusive remedy is to discontinue using the Site.
8. Privacy Policy
Your privacy is important to us. The collection and use of personal information on https://homegymmentor.com/ are governed by our Privacy Policy. By using the Site, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
Data Collection:
We collect personal information such as your name, email address, payment details, and physical address when you use our services. This information is necessary to provide the services you request, process transactions, and communicate with you effectively.
Cookies and Tracking Technologies:
The Site may use cookies and similar tracking technologies to enhance your user experience, analyze site traffic, and support our marketing efforts. Please review our Privacy Policy for more details on how these technologies are used and how you can manage your preferences.
Third-Party Services:
We may share your information with third-party service providers who assist us in operating the Site, processing payments, and delivering services. These providers are required to protect your information and use it only for the purposes for which it was shared.
Your Rights:
You have certain rights regarding your personal information, including the right to access, correct, or delete your data. For more information on how to exercise these rights, please refer to our Privacy Policy.
Updates to Privacy Policy:
We may update our Privacy Policy from time to time to reflect changes in our practices or legal requirements. Any updates will be posted on the Privacy Policy page, and continued use of the Site constitutes your acceptance of these changes.
9. Governing Law and Miscellaneous Legal Provisions
These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. By accessing or using https://homegymmentor.com/, you agree that any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court located in the State of Florida.
Jurisdiction:
You hereby consent to the exclusive jurisdiction and venue of the courts in Florida in all disputes arising out of or relating to the use of the Site. You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
International Use:
Home Gym Mentor LLC makes no representation that the content or services on the Site are appropriate or available for use in locations outside of the United States. Accessing the Site from territories where its content is illegal is prohibited. If you choose to access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.
Choice of Law and Venue:
Except to the extent applicable law provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the State of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Florida.
Arbitration:
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in [Your Location], in the English language, and the arbitral decision may be enforced in any court.
Severability:
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
Waiver:
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Assignment:
You may assign your rights under this Agreement to any party that consents to and agrees to be bound by its terms and conditions; Home Gym Mentor LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
10. Modification of Terms
Home Gym Mentor LLC reserves the right to update or modify these Terms at any time, without prior notice. Any changes will be effective immediately upon posting to the Site. It is your responsibility to review these Terms periodically to ensure that you are aware of any changes.
Notification of Changes:
Significant changes to these Terms may be communicated to you by posting a notice on the Site or by sending an email to the address you provided. By continuing to use the Site after such modifications, you agree to be bound by the updated Terms.
Binding Agreement:
Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of those changes. If you do not agree to the modified Terms, you should discontinue your use of the Site immediately.
11. Contact Information
If you have any questions, concerns, or feedback regarding these Terms, the Site, or any of the services provided by Home Gym Mentor LLC, please feel free to contact us via email:
Email: homegymmentor@gmail.com
We will do our best to respond to your inquiries promptly.
Effective Date: This Privacy Policy was last revised on August 12th, 2024