Terms & Conditions
Last Updated: 18 July 2022
Barbell Rehab, LLC (the “Company”, “we”,” our”, “us”) a limited liability company registered in the Commonwealth of Pennsylvania, provides access to the Company’s website, currently located at https://barbellrehab.com/ (“Website”) through which the Company, which specializes in post-operation and injury rehabilitative workouts, and sells online courses and workout programs, as well as live workshops (the “Courses”). The Courses and Website are defined further under Section 2 of these terms and conditions. These terms and conditions (“Terms”) govern your use and access to the Website and the terms of sale when you purchase the Courses from the Website.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE OR MAKING PURCHASES THROUGH THE WEBSITE AS THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY
1.1. This website is operated by the Company and offers the information, tools and service to you in accordance with the terms set out hereunder.
1.2. Your access and use of the Website constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and The Company. If you do not agree to the Terms, you may not access or use the Website. The Terms expressly supersede prior agreements or arrangements with you by the Company. The Company may immediately terminate the Terms with respect to you, or generally, cease offering or deny access to the Website or any portion thereof, at any time for any reason, except to the extent of any past obligations for Courses or services you have already paid for.
1.3. Supplemental terms may apply to the Website. Supplemental terms are in addition to and shall be deemed a part of the Terms for the purposes of the Website. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the Website.
1.4. The Company may amend the Terms related to the Website from time to time. Amendments will be effective upon The Company’s posting of such updated Terms at this location or the amended policies or supplemental terms on the Website. Your continued access or use of the Website after such posting constitutes your consent to be bound by the Terms, as amended.
1.6. Unless otherwise specified, the present Terms apply generally to all users when using this Website.
2.1 This Website is provided by Barbell Rehab, LLC the contact email of which is firstname.lastname@example.org (“the Company”, “we”,” our”, “us”)
2.2 "This Website" refers to
a) this website, located at barbellrehab.com, including its subdomains and any other website through which the Company makes services or Courses advertised, displayed or accessed through this Website available;
b) applications for mobile, tablet and other smart device systems developed by the Company and accessed through this Website, or otherwise owned by the Company, and through which you, as the user, can access the services and Courses;
c) the Application Program Interfaces (API) accessed through this Website;
d) any and all services accessed by, or made available to a user through this Website, including the Courses (the “services”);
e) any and all Courses, such as online courses and workout programs, or live workshops, or any other type of course sold, advertised, marketed or made available on the Website by the Company (the “Courses”)
f) any applications, sample and content files, source code, scripts, instruction sets or software included as part of a service/Course offered, sold or marketed through this Website or otherwise accessed via this Website, as well as any related documentation;
g) Any and all paid or unpaid services, physical products, Courses or information about services, physical products, or Courses of any kind, purchased, accessed or obtained through this Website.
2.3. Hereinafter, the information, services, and all other items mentioned in Section 2.2a)-g) may be referred to as the “Content.”
2.4. You, as a user accessing this Website and any of its content, may be referred to as a “user”, or “you”, throughout these Terms.
2.5. Prior to purchasing the Courses through the Website, you will be required to open an account and provide information which requested by the Company, including but not limited to, your full name, payment information, shipping address, telephone number, and email address (“User Accounts”).
3.1. The Website is an online store, accordingly, to purchase the Courses or any Content through the Website you will be required to open a User Account. The fees, duration and conditions applicable to the purchase of such Content will be in the dedicated sections of this Website.
3.2. As at the date of these Terms, payment may be made, free of any set-off or deduction in the following methods: Stripe, Partial.ly, or PayPal. The Company may amend, vary or change the available payment methods at their sole and absolute discretion, and users will be notified of the current accepted payment methods via a notice on the Website or via the Content directly.
3.3. Prices are subject to vary and change based on various factors such as availability and demand, however, the price the Course/service or product, after purchase, are fixed, subject to these Terms.
3.4. Payment Authority. You expressly warrant, confirm and represent to the Company that you are the lawful owner of any credit/debit cards or accounts, with payment service providers such as Stripe or PayPal, used to make purchases on the Website, alternately, that you have the express written consent of the lawful owner of the aforementioned credit/debit cards.
3.5. Credit/debit cardholders are subject to validation checks by the issuer, accordingly, should the issuer fail to approve any payments made on the Website, you specifically indemnify and hold the Company harmless for any liability arising therefrom.
3.7. You further agree that by using the Website the third parties, made reference to at Paragraph 3.8, may be granted access to all relevant information contained in your User Account, for the purposes of facilitating any payment. Should you not consent to make such information available as required herein, then you shall not be granted access to the Website.
4. Your use of the Website
4.1. User Accounts. You may use the Website without the creation of a User Account, however, prior to making any purchases, you must register for and maintain an active User Account. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain a User Account. User Account registration requires you to submit to the Company certain personal information, such as your name, address, mobile phone number, and age, as well as one valid payment method. You agree to maintain accurate, complete, and up-to-date information on your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Website or any accompanying services, Courses or Content. You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times.
4.2. Warranty of Authority. You warrant that you are legally and lawfully competent to agree to these Terms and are possessed of the necessary rights, power, and authority to legally bind yourself to these terms.
4.3. Users are responsible for keeping their login credentials confidential and safe. For this reason, users are also required to choose passwords that meet the highest standards of strength permitted by this Website.
4.4. By registering, users agree to be fully responsible for all activities that occur under their username and password. The Company shall not be held responsible for any liabilities, damages, costs, sanctions or claims of any kind (“liabilities”), arising out of the users creation of a User Account, provision of information related to such a User Account, or the use of the Content and this Website, and the user agrees that they shall defend, indemnify and hold harmless the Company for all liabilities arising out of their use of their User Account, on demand, and such liabilities shall include any reasonable attorney fees or legal expenses.
4.5. Users are required to immediately and unambiguously inform the Company via the contact details indicated in this document, if they think their personal information, including but not limited to User Accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
4.6. Users can terminate their account and stop using the Content at any time by doing the following:
a) By using the tools provided for account termination on this Website.
b) By directly contacting the Company at the contact details provided in this document, only in the event that the steps in Section 4.6.a of these Terms described above do not lead to the successful termination of a User Account.
4.7. The Company reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User Accounts which it deems inappropriate, offensive or in violation of these Terms.
4.8. The suspension or deletion of User Accounts shall not entitle users to any claims for compensation, damages or reimbursement, and the user agrees that the Company shall not be liable for any losses, liabilities, loss of data, economic damages, loss of information, or costs of any kind incurred by the user, when the Company decides to exercise any of its powers described in this Section 4 or elsewhere in these Terms.
4.9. The suspension or deletion of User Accounts due to causes attributable to the user does not exempt the user from paying any applicable fees or prices.
4.10. The user agrees that any user owned content and information (“User Content”) uploaded to the Website or User Account shall be free from viruses, malware, spyware, or any other software of a malicious nature, and that it shall be free from any illegal, obscene or inappropriate materials, which shall include child pornography, pornography, materials which contain discriminatory, racist, sexist, homophobic, xenophobic, or hate speech/content (defined as any derogatory, defamatory or demeaning information or communications related to any individual, or groups, based on certain identifiable or personal characteristics, such as race, religion, sex, sexual orientation, country of origin, nationality, cultural practices, membership or affiliations, or otherwise defined by the Company in their sole and absolute discretion), other prejudicial messages, images or information of any kind, or any other materials or User Content which the Company deems inappropriate in their sole and absolute discretion (“Restricted User Content”). The Company may, at their sole and absolute discretion, remove any Restricted User Content if detected on this Website, and further delete or restrict access to the user’s User Account if they have been found to have uploaded any Restricted User Content, without any liabilities for loss of data, or damages of any kind, whatsoever. If you upload any Restricted User Content, the Company may also report you to the relevant authorities at their sole discretion.
4.11. Users acknowledge and accept that by providing their User Content on this Website they grant the Company a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Website as contractually required.
5.1. All orders are subject to availability and acceptance. The Courses/services in your shopping basket are not reserved and may be purchased by other customers.
5.2. Delivery of the Courses is subject to our express acceptance of the order, irrespective of whether payment has been made or not.
5.3. Acceptance of orders are subject to our sole and absolute discretion, and, may be rejected for any reason whatsoever, including:
a. where payment authorization cannot be obtained;
b. there was a pricing error in respect of the Courses purchased.
5.4. Should an order be rejected by the Company for any reason whatsoever, you specifically indemnify and hold the Company harmless against any liability arising therefrom.
5.5. Should payment have been made and the Courses are no longer available for any reason, you shall be refunded as soon as we are able to affect the refund.
5.6. PLEASE NOTE: The Company is not liable or responsible in any way whatsoever for the purchase of any items, services or products from third party websites, locations or entities, regardless of whether such purchased items bear the logo or trademarks of the Company. By purchasing any materials from a third-party or third-party website, you agree not to hold the Company liable in any form whatsoever, for the fulfilment of any orders of goods or services (including the purchase of merchandise) made from such third-party sources, even if the Company has promoted or communicated the existence of such third-party sources/websites via this Website or otherwise. You agree that the owners and operators of these third-party websites or sales channels are directly responsible for the fulfillment of any orders for goods/services made therefrom, and not the Company.
6. Medical Disclaimer
6.1. The Website has been created to sell the Courses which provide you with videos and information about physical training and rehabilitation for your professional or personal use and education. You should not exclusively rely on any content purchased or accessed from the Website as a substitute for professional health care advice, diagnosis, or treatment.
6.2. The purchase of the Courses or use of the Website does not create a client-patient relationship, therefore, any information obtained through the Website or the Company’s social media pages must not be taken to the practice of medical or therapeutic care.
6.3. By purchasing the Courses or consulting the Website’s resources, you agree and understand that all the use of any information provided on the Website is solely at your own risk.
7. Release of Responsibility
You acknowledge that all sports, physical training, or fitness activities carry inherent risk and your participation in the Courses or use of the Website’s resources carry inherent risks, consequently, you hereby release and grant a full, final, and complete discharge to the Company and its directors, officers, employees, volunteers, representatives, and agents or any other person for whom the Company is responsible from all liability, demand, cause of action, claim, recourse, action, conflict, dispute and/or pursuit of any kind or nature whatsoever in law or in equity, present or future, resulting directly or indirectly from the use of the Courses or the Website, renouncing to such demand, cause of action, claim, recourse, action, conflict, dispute and/or pursuit save for in the event of the personal acts of the Company or its representatives and for which the onus falls on you.
8. Disclaimer for Live Events
8.1. By attending any live event hosted by the Company, you specifically acknowledge and agree that any live event can carry with it the potential for death, serious injury, and property loss, which, the loss can arise from other participants or employees and agents acting under the control and supervision of the Company or as a result of contagious and potentially life-threatening diseases such as Covid-19.
8.2. By participating in a live event hosted by the Company you hereby take action for yourself, executors administrators, heirs, next of kin, successors and assigns as follows (a) waiving, releasing, and discharging from any and all liability for your death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter accrue to you from your attendance at a live event, (b) the Company and its directors, officers, employees, volunteers, representatives, and agents or any other person involved in the organization of the live workshop.
9. General Disclaimers, Indemnification, and Liability Limitation
9.1. Professional Directory. As a part of the services, we may provide a directory of referrals to clinicians and coaches who have passed our Courses, received certifications issued by us, or who we may otherwise recommend for the provision of their own services (“Clinicians”). The Clinicians are not our employees, agents or representatives and are independent service providers. The Website’s role is limited to enabling the user to access any required Clinician services available from the Clinicians directly, and such Clinician services are the responsibility of the Clinician who provides them. If you feel the Clinician services provided by the Clinician do not fit your needs or expectations, you may choose a different Clinician listed on the Website, or search independently for an appropriate Clinician.
Our endeavor is to identify, vet and list professionally qualified and experienced Clinicians on the Website who can provide good quality Clinician services to the Customers. However, please note that such Clinicians may or may not be licensed professionals in the jurisdiction where the users are located. Therefore, you agree that any service that you avail from any Clinician is at your own choice and initiative. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT AND INFORMATION, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE, OR ANY OTHER INFORMATION RELATED TO CLINICIANS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT ACCESSED VIA THE WEBSITE WHICH RELATES TO ANY CLINICIANS. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED OR ACCESSIBLE THROUGH THE WEBSITE.
9.2. Barbell Rehab Method Certification. Do note that any certification obtained, earned, received or awarded through participation in any Courses or services, does not amount to a professional or medical qualification, and nor do we purport to endorse any recipient of such certifications for the practice of any profession, the practice of medicine in general, or the practice of any rehabilitative procedures or physiotherapy, for which professional and government approved licensing is required under law. The sole function of any awarded certifications is to indicate that a participant has completed a specific Course offered by the Company.
9.3. The Company makes no warranty of fitness for a particular purpose with respect to any Content, services or Courses sold or accessed on this site. The user of any Content listed on this Website agrees that such Content is purchased or accessed “as is,” which means that they accept them as listed or described in the Website, and will not hold the Company accountable for anything beyond what is specifically listed in terms of the Content specifically or explicitly described on this Website. The Company bears no liability for any costs, injuries to person or property, or damages of any kind, arising from the use or misuse of the Content accessed or purchased on this Website. All such Content is purchased or accessed at the sole risk and discretion of the user, and in accessing the Content, the user acknowledges that such Content is accessed or purchased as is, while waiving all claims against the Company for any damages arising out of the use or application of any Content provided via this Website. Once Content is purchased or accessed from this Website, there are no refunds permitted, unless the Company, in their sole and absolute discretion, deems that a refund is warranted to the user.
9.4. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE CONTENT, INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, THE COMPANY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR SHALL REMAIN UNINTERRUPTED OR ACCESSIBLE AT ALL TIMES. ACCESS TO THE PRODUCT OR CONTENT MAY BE DISCONTINUED AT ANY TIME, AT THE SOLE AND ABSOLUTE DISCRETION OF THE COMPANY, EXCEPT TO THE EXTENT OF ANY CONTRACTUAL OBLIGATIONS BINDING THE COMPANY WHICH ARISE EXCLUSIVELY FROM THE PAYMENT BY THE USER FOR ANY PRODUCT OR CONTENT. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY COMPANY PRODUCTS OR CONTENT, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE WEBSITE OR THE COURSES (OR ANY OTHER GOOD OR SERVICE WHICH MAY BE OFFERED FROM TIME TO TIME) REQUESTED OR PURCHASED THROUGH THE USE OF THE WEBSITE, OR THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
9.5. Shipping and Risk of Loss. The Company bears no liability for risk of loss for any Content which involves physical products sold on this Website. The Company’s sole shipping responsibility shall be to dispatch the products to the designated shipper, and if requested, provide a shipping receipt to the user, if applicable. After the Company has provided the products as described on this Website to the shipper, the Company shall bear no further liabilities for the condition or arrival of the products at destination after the goods as described have been taken into the custody of the shipper. The Company cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by You, nor for any damages or delays after handover to the carrier. If products purchased are not received or collected at the time or within the deadline specified, the products will be returned to the Company, who will contact you to schedule a second delivery attempt or to agree on the future course of action. Unless otherwise agreed, any delivery attempt starting from the second shall be at Your expense. Furthermore, for any purchase of merchandise or other physical products on third party websites which are not located at the URL of this Website, and which are not sold from this Website, You acknowledge that the Company bears no liability or responsibility whatsoever for the delivery or fulfillment of such orders, even if such merchandise bears the logo or trademarks of the Company, as such merchandise is sold, produced and delivered entirely by third parties, who are directly responsible for such product sales and deliveries. The Company is in no way responsible or liable for the delivery of products or merchandise sold from any other websites or locations other than this Website or the Company’s own operated or owned product sale locations, even if the Company provides a link to such third-party websites on this Website.
9.6. Information Provided During the Courses, Live Events, or via the Website/Content. You agree that any information provided by the Company or any subcontractors or agents of the Company involved in delivering services or Courses, or otherwise contained in the Courses, represents the reasonable opinion of the Company, or such subcontractors/agents. As such, you agree to accept such information “as is”, and take full responsibility for relying on such information at your sole risk and discretion. You thereby agree to waive any and all claims against the Company which arise from your reliance on such information, and you agree that it is your sole responsibility to verify the accuracy and effectiveness of such information. Any information provided via the Content (or Courses specifically), does NOT amount to medical or health related advice, and you agree that it is your responsibility to consult your physician for any health or medical advice you require and which may or may not relate to the information provided via the Content or Courses.
9.7 Liability for Third Party Paid Products, Paid Services, or Promoted Content
The user agrees that the Company is not responsible for the content, form, accuracy, or delivery of any products, services or content provided by third parties via the use of the Website or accessed via links located on this Website or elsewhere (“Third-Party User Content”), and the user agrees not to hold the Company liable for any Third-Party User Content, under any circumstances whatsoever. The user hereby acknowledges that the Company is not responsible for facilitating the user’s access to or rights arising from the purchase of any Third-Party User Content purchased from any third parties via the Website or otherwise. Any third parties providing products or services to the user will be directly responsible for honoring the legal rights of users who make use of such products or services. The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through any communications or any hyperlinked website or service on the Website, and the Company shall not be a party to or in any way monitor any transaction between users and third-party providers of products or services.
9.8 Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Company, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
a) any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Content;
b) any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Content or User Accounts or the information contained therein;
c) any errors, mistakes, or inaccuracies of Content;
d) personal injury or property damage, of any nature whatsoever, resulting from user access to or use of the Content (which is not attributable to the gross negligence or willful misconduct of the Company);
e) any unauthorized access to or use of the Company’s secure servers and/or any and all personal information stored therein;
f) any interruption or cessation of transmission to or from the Content;
g) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Content;
h) any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through the Website; and/or
i) the defamatory, offensive, or illegal conduct of any user or third party. In no event shall the Company, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by user to the Company hereunder in the preceding 12 months.
j) This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Company has been advised of the possibility of such damage.
k) Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to user. The terms give user specific legal rights, and user may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
9.9. Indemnification. The user agrees to defend, indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:
a) user’s use of and access to the Content, including any data or information transmitted or received by user (except to the extent of the Company’s own negligence or willful misconduct);
b) user’s violation of these Terms, including, but not limited to, user’s breach of any of the representations and warranties set forth in these terms;
c) user’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
d) user’s violation of any statutory law, rule, or regulation;
e) any User Content or other Content that is submitted from user’s User Account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
f) user’s willful misconduct; or
g) any statutory provision under which a user or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees may be liable to indemnify the Company, to the extent allowed by applicable law.
10. Refunds and Cancellation Policy
10.1. Refunds are made at the sole discretion of the Company. For any live events included in the Courses, a full refund may be given only if requested 30 days prior to the date of a live event. A 50% refund will be given if requested within 15-29 days prior to the date of the live event. No refunds will be given within 14 days of the live event; however, the purchaser can transfer their registration to another participant or use it as credit towards a future event up to the day of the event.
10.2. If a live event has to be canceled or rescheduled due to COVID-19, full refunds will be available regardless of when you bought your ticket.
10.3. A full refund for an online Course will be given if requested within 30 days from purchasing. However, if the user completes the entire online course, no refunds will be given once a certificate is generated.
10.4. The Company reserves the right to amend the above refund policy at their sole discretion, by providing notice via the publication of a revised policy on the Website.
10.5 Refunds for Third Party Website Purchases.
Any refunds will be governed by the return policy on this Website as described above or otherwise. Furthermore, the Company has no obligation to make any refunds or accept any returned goods or services purchased by You outside of this Website from any third-party source or Website, regardless of whether you have accessed such third-party sources or websites via this Website or via a communication from the Company or its agents, employees, officers or contractors.
11. Personal Information
12. Intellectual Property
12.1. All intellectual property rights in the Website and published on it are owned by us and our licensors. All such rights are reserved.
12.2. You cannot modify any content obtained from the Website, including, any videos, images, illustrations, graphics, or texts, for any reason whatsoever. Should you wish to use any part of the content of the Website, you may only do with the express written consent of the Company.
12.3. “BARBELL REHAB” and its associated logos, images, and marks are trademarks owned by the Company and may not be used without our prior written approval. Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Company or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Company or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
12.4. For the purposes of these Terms, intellectual property means all ideas, information, designs, images, titles, articles, Content, patentable materials, trade names, trademarks, copyrightable materials, trade secrets and any information, content or material contained on this Website, the Courses or the Content. Such intellectual property may not be reused, duplicated, copied, licensed or sold to any third party without the express written consent of the Company.
12.5. No Content sold or accessed on this website may be copied, duplicated, resold, reverse engineered or modified for sale in any form by a user, and such Content is only to be used for the use expressly permitted by the Company by these terms or otherwise in writing. Any acts or omissions (“acts”) which violate the terms of this clause shall render the user responsible for such acts fully liable to the Company upon demand, and such liabilities include lost profits, legal fees, attorney fees, and any costs incurred by the Company in remedying the consequences of and preventing the acts in violation of this clause. By accessing this Website, you agree that you shall be fully liable for any failure to comply with the requirements of this clause. Any commercial reselling, duplication or reverse engineering of any Content, intellectual property, service or physical good accessed through this Website is by default an act in violation of this clause, and the perpetrator of such an act shall be fully liable to the Company, on demand, as described in this clause.
13. Restricted Activities
13.1. Users shall not under any circumstances:-
13.1.1. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website;
13.1.2. grant or sell access to a third party to access your User Account, or impersonate or act as another user;
13.1.3. contravene any laws in the use of the Website;
13.1.4. link to, mirror or frame the Website or any portion thereof;
13.1.5. remove any copyright, trademark or other proprietary notice from any portion or aspect of the Website;
13.1.6. reproduce, modify, distribute, license, sub-license, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website except as expressly permitted by the Company;
13.1.7. use the Website in a way that infringes any third party’s intellectual property rights; and
13.1.8. use any robot, spider, site search/retrieval website, or other manual or automatic or process to retrieve, index, scrape, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
13.1.9. Upload or disseminate any Restricted User Content via the Content or Website.
14.1. Your User Account may be restricted, or terminated, without any further notice, on the following bases:
14.1.1. Should the User Account be flagged for any illegal or suspicious activity or Restricted User Content, by the Company, its duly authorized representative responsible for data security or any governmental organization; or
14.1.2. Where the Company, in its sole and absolute discretion, determines that there is a material breach of these Terms.
14.2. The suspension or deletion of User Accounts shall not entitle users to any claims for compensation, damages or reimbursement, and the user agrees that the Company shall not be liable for any losses, liabilities, loss of data, economic damages, loss of information, or costs of any kind incurred by the user, when the Company decides to exercise any of its powers described in this Section 12 or elsewhere in these Terms.
14.3. The suspension or deletion of accounts due to causes attributable to the user does not exempt the user from paying any applicable fees or prices.
15. Force Majeure
The Company will not be held liable for any loss, damage of the Users due to Force Majeure. A “Force Majeure Event” for the purposes of these Terms shall mean any event that is beyond the reasonable control of The Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer viruses breach of security and encryption or any other cause beyond the control of The Company.
16. Governing Law; Dispute Resolution
BY AGREEING TO THE TERMS YOU EXPRESSLY AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS. THIS WILL EXPRESSLY PRECLUDE YOU FROM BRINGING ANY CLASS ACTION AGAINST THE COMPANY, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST THE COMPANY BY SOMEONE ELSE.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed pursuant to the laws of the Commonwealth of Pennsylvania. Any dispute, conflict, claim, or controversy arising out of or broadly in connection with or relating to your use or access to the Website or these Terms, including those relating to its validity, its construction, or its enforceability (any “Dispute”) shall be settled by the exclusive jurisdiction of the State courts located in Westmoreland County, Pennsylvania.
17. Other Provisions
17.1. Lifetime Access for Online Courses
Purchase of an online Course provides lifetime access to the purchaser. This means, as long as Barbell Rehab is selling the online Course on it's website, the user will be able to access it. In other words, "lifetime access" means the lifetime of the specific online Course.
17.2. Claims of Copyright Infringement
Claims of copyright infringement should be sent to The Company’s designated address. Please visit The Company’s web page here for the designated address and additional information.
The Company may give notice by means of a general notice on the Website, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to The Company by written communication to The Company's address at:
2 W Main St
Mt Pleasant, PA
United States of America
17.4.1. Assignment. You may not assign or transfer these Terms in whole or in part without the Company’s prior written approval. You give your approval to The Company for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of The Company’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the contract between you and the Company or use of the Website.
17.4.2. Severability. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.
17.4.3. Entire Agreement. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
17.4.4. Interpretation. In these Terms, the words “including” and “include” mean “including, but not limited to.”
17.4.5. No Waiver. The Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
17.4.6. Changes to these Terms. The Company reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Company will appropriately inform the user of these changes. Such changes will only affect the relationship with the user for the future. The continued use of the Content will signify the user’s acceptance of the revised Terms. If users do not wish to be bound by the changes, they must stop using or accessing the Content. Failure to accept the revised Terms, may entitle the Company to terminate the access to the accounts or the Content for the user. The applicable previous version of the Terms will govern the relationship prior to the user's acceptance. The user can obtain any previous version of the Terms from the Company. If required by applicable law, the Company will specify the date by which the modified Terms will enter into force.
17.4.7. Service interruption. To ensure the best possible service level, the Company reserves the right to interrupt access to the Content for maintenance, system updates or any other changes, informing the users appropriately. Within the limits of law, the Company may also decide to suspend or terminate the Content access altogether. If the Content access is terminated, the Company will cooperate with users to enable them to withdraw personal data or information in accordance with applicable law, if this is required. Additionally, the Content might not be available due to reasons outside the Company’s reasonable control, such as “force majeure” (e.g. labor actions, infrastructural breakdowns or blackouts, etc.).
18. Access to external resources
18.1 Through this Website users may have access to external resources provided by third parties. Users acknowledge and accept that the Company has no control over such resources and is therefore not responsible for the third-party content or its availability.
18.2 Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in third party content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
18.3 In particular, on this Website users may see advertisements provided by third parties or links to third party websites or entities/companies. The Company does not control or moderate the advertisements/links displayed via this Website, except to the extent that such advertisements are created by the Company themselves at the request of a third party. If users click on any such advertisement or link, they will be interacting with any third party responsible for that advertisement or link
18.4 The Company is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.