Terms & Conditions
Last Updated: 31 August 2020
Barbell Rehab, LLC (“the Company”, “we”,” our”, “us”) registered in terms of the Laws of the State of Pennsylvania, provides access to the Company’s website, currently located at https://barbellrehab.com/ (“the Website”) through which the Company, which specializes in post-operation and injury rehabilitative workouts, sells online courses, workout programs, and attendances to live workshops (“the Courses”). 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. Prior to purchasing the Courses through the Website, you will be required to open an account which shall include information deemed necessary by the Company, including but not limited to, your full name, payment information, shipping address, telephone number, and email address (“User Accounts”).
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. 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.
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.
2.1. The Website is an online store, accordingly, to purchase the Courses through the Website you will be required to open a User Account.
2.2. 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.
2.3. Prices are subject to vary and change based on various factors such as availability and demand, however, the price the Course, after purchase, are fixed, subject to these Terms.
2.4. 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.
2.5. 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.
2.7. You further agree that by using the Website the third parties, made reference to at Paragraph 2.8, 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.
3. Your use of the Website
3.1. 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 The Company’s termination of these Terms with you. 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.
3.2. 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.
4.1. All orders are subject to availability and acceptance. The Courses in your shopping basket are not reserved and may be purchased by other customers.
4.2. Delivery of the Courses is subject to our express acceptance of the order, irrespective of whether payment has been made or not.
4.3. Acceptance of orders are subject to our sole and absolute discretion, and, may be rejected for any reason whatsoever, including:
4.3.1. where payment authorization cannot be obtained;
4.3.2. there was a pricing error in respect of the Courses purchased.
4.4. 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.
4.5. Should payment have been made and the Courses are no longer available for any reason whatsoever, you shall be refunded as soon as we are able to affect the refund.
5. Medical Disclaimer
5.1. 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.
5.2. 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.
5.3. 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.
6. 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.
7. Disclaimer for Live Workshop
7.1. By attending any live workshop 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.
7.2. By participating in a live workshop 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 workshop, (b) the Company and its directors, officers, employees, volunteers, representatives, and agents or any other person involved in the organization of the live workshop.
8. Refunds and Cancellation Policy
8.1. A full refund for a live workshop registration fee will be given only if requested 30 days prior to the date of the live workshop, failing which, no refund will be given. It is acceptable to transfer your registration to another participant on the day of the live workshop.
8.2. If a live course has to be canceled or rescheduled due to COVID-19, full refunds will be available regardless of when you bought your ticket.
8.3. 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.
9. Personal Information
10. Intellectual Property
10.1. All intellectual property rights in the Website and published on it are owned by us and our licensors. All such rights are reserved.
10.2. 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.
10.3. “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.
11. Restricted Activities
11.1. Users shall not under any circumstances:-
11.1.1. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website;
11.1.2. grant or sell access to a third party to access your User Account, or impersonate or act as another User;
11.1.3. contravene any laws in the use of the Website;
11.1.4. link to, mirror or frame the Website or any portion thereof;
11.1.5. remove any copyright, trademark or other proprietary notice from any portion or aspect of the Website;
11.1.6. 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;
11.1.7. use the Website in a way that infringes any third party’s intellectual property rights; and
11.1.8. 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.
12.1. Your User Account may be restricted, or terminated, without any further notice, on the following bases:
12.1.1. Should the User Account be flagged for any illegal or suspicious activity, by the Company, its duly authorized representative responsible for data security or any governmental organization; or
12.1.2. Where the Company, in its sole and absolute discretion, determines that there is a material breach of these Terms.
13. 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.
THE COURSES PURCHASED THROUGH THE WEBSITE IS PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS TO THE FULL EXTENT PERMITTED BY THE LAW. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 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 TIME0 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.
15. Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE WEBSITE OR YOUR INABILITY TO ACCESS OR USE THE WEBSITE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY USER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold The Company and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Website; (ii) your breach or violation of any of these Terms; or (iv) your violation of the rights of any third party.
17. 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 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 United States Law in The State 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 courts of Pennsylvania.
18. Other Provisions
18.1. Claims of Copyright Infringement
Claims of copyright infringement should be sent to The Company’s designated address. Please visit The Company’s web page at (DRAFT NOTE: INSERT LINK FOR LEGAL PORTION OF WEBSITE) 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
18.3.1. 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.
18.3.2. 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. 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. In these Terms, the words “including” and “include” mean “including, but not limited to.”