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Terms of use (us)

TERMS AND CONDITIONS

The following terms of service (these "Terms of Service"), govern your access to and use of the REZENERCISE LLC platform, Site & Application, including any content, functionality and services offered on or through www.rezenercise.com and its related mobile application   (collectively, the "Site or website")

 

Please read the Terms of Service carefully before you start to use the Site. By accessing, browsing, registering to use the Site, APP, or Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you acknowledge that you have read, understood accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use, do not use any portion of the Site, or the Services. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.

If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms and conditions and any other provisions and/or terms and/or otherwise between REZENERCISE LLC and you, the provisions and the terms of these Terms of Use will prevail. Please feel free to contact us with any questions regarding the content of this agreement.

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1. USAGE/ ELIGIBILITY

You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify REZENERCISE LLC for any losses, costs or damages, including reasonable legal fees, incurred by REZENERCISE LLC in relation to, or arising out of, such a breach.

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2. ACCEPTANCE OF TERMS

These Terms of Use hereinafter referred to as “TOU” constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you or your or user”) and REZENERCISE LLC (“REZENERCISE, we,” “us” or “our”), concerning your access to and use of the site. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these TOU Use.  IF YOU DO NOT AGREE WITH ALL OF THESE TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

In these Terms, “you” and “your” refer to the individual or entity that uses the Site, or Services. “We”, “us”, or “our” refer to REZENERCISE LLC and the coach who provides fitness and nutritional coaching services to users on the site. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.

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3. ABOUT REZENERCISE LLC

REZENERCISE LLC is a corporation carrying on its business activities at Virginia, United States. REZENERCISE operates an app hosted by mypthub that allows for subscription based workout programs and 1:1 online coaching programs for its prospective Users and Customers. REZENERCISE also engages in the online sale of contents ranging from e-books to one-off pdf documents. To effectively carry out such service to its customers, REZENERCISE has created the site.

We have carefully divided our services into various parts to suit your convenience. Presently, we are engaged in providing the following services on the site;

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  • VIP ACCESS (Monthly subscription via app);

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  • 1:1 Online Personal Training(via app);

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  • Virtual Personal Training (delivered via Facetime/Google Duo) and or;

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  • Hybrid Personal Training (Online and Virtual).

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Workout Programs. REZENERCISE’s VIP ACCESS hosts a growing collection of workouts to make working out easier and enjoyable. Just turn on the app, select a workout for the day, start the workout and track your metrics. Workout categories vary and fit most beginner-advanced fitness levels.

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Coaching Programs. REZENERCISE’s Online Coaching Program is like having your own personal health and fitness coach with you every day. We will work together to apply our expertise in health and wellness in a way that best suits your lifestyle and reignites your fitness.

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Nutrition Tracker. We have a built in Nutrition Tracker that help the client's we work with build long lasting success. With a tailored Macro Plan for 1:1 clients and workout reminders, our site and mobile application keeps you accountable which in turn would help you reach your goals.

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24/7 Support. Within the app, you have the ability to message us at any time and we will respond within 24 hours. Whether you have questions about your program, want to send us a quick video of your deadlift form or just want to say hi, we will be ready to help.

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4.  APPLICABILITY

"These general terms and conditions (the "Conditions") apply to:

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(a)  The use of any information, pictures, documents and/or other services offered by REZENERCISE via the website and mobile application;

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(b)  The subscription to any of the Training coaching services, nutritional program as well as the purchase of e-books and one – off pdf’s offered on the site.

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5. TRADEMARKS AND COPYRIGHTS

You agree that all content appearing on this Website including, but not limited to, e-books, one – off pdf’s code, trademarks, service marks, trade names, graphics, images, text, audio clips, videos,  button icons, digital downloads, data compilations and computer software are the sole property of REZENERCISE or its partners and suppliers, and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of REZENERCISE and protected by United States and international laws. All software used on this site is the property of REZENERCISE or its software suppliers and protected by United States and international copyright laws. Users are granted permission to browse and use the REZENERCISE Website for its intended purpose, which is for your use only as a consumer. Any other use including, but not limited to, the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content on this Website or the exploitation in any other manner of any of the content of this Website, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this Website is strictly prohibited.

REZENERCISE does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this Website, without the prior written consent of REZENERCISE. REZENERCISE prohibits the use of the REZENERCISE logo or other proprietary graphics or trademarks as a link to any Website unless the creation of such a link is approved in advance, and in writing, by REZENERCISE. Registered and unregistered proprietary information is owned and held by REZENERCISE and its licensors and, therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this Website in any form, either mentioned or unmentioned.

REZENERCISE is a trademark or trade dress in the United States and/or other countries. REZENERCISE’S trademarks and trade dress may not be used in connection with any product or service that is not REZENERCISE’S, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits REZENERCISE. All other trademarks not owned by REZENERCISE that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, REZENERCISE.

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6. THIRD PARTY WEBSITES

You agree that REZENERCISE encourages you to exercise discretion browsing the internet. Our Website, products or services may direct you to sites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. REZENERCISE and its affiliates make no representation or warranty about the legality of any third party Website nor about its accuracy, content, products or services. Any such Website is independent from REZENERCISE, and REZENERCISE has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Website. A link between REZENERCISE and another Website further does not mean that REZENERCISE endorses, recommends, sponsors or approves that Website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other Website. REZENERCISE expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any such third party not under the REZENERCISE domain.

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7. USE RESTRICTIONS

This Website is for your personal, non-commercial use only. You agree that you will not use this Website for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products; to monitor, gather or copy content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; to use any meta tags or any other “hidden text” utilizing REZENERCISE’S name or any trademarks; to engage in any activity that interferes with a user’s access to the Website or the proper operation of this Website. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this Website for any commercial purpose. You also agree that in using this Website you will not impersonate any person or entity.

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8. UNLAWFUL CONDUCT

You agree that you are prohibited from posting or transmitting to the REZENERCISE Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, copyrighted material of others, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these Terms and Conditions. REZENERCISE reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to this Website.

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9. TERMINATION OF USE OF THIS WEBSITE

You agree that any violation of these Terms and Conditions, the unauthorized use of this Website, content materials and intellectual property as well as any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use this Website. REZENERCISE reserves the right to terminate or suspend your access to this Website and its content and use at any time, with or without notice at REZENERCISE’S discretion.

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10. MEMBERSHIP ACCOUNT.   

You may make use of the services either as a guest or when you create an account with us. When you apply for the 7 day free trial to use the Mobile application version of the REZENERCISE site, you would be required to create a membership account, totally free, and therefore, subscribe to use the limited services we provide for the trial. When you apply for the VIP ACCESS to use the Mobile application version of the REZENERCISE site, you would be required to create a membership account, if you have not already, and therefore, agree to allow REZENERCISE to automatically renew your subscription every month on the day you subscribed to use the services we provide.

In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.

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11. PAYMENT, PRICING & SHIPPING

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(a) Payment and billing information.

Payments for the use of any of the training services as well as the purchase of any e-books or one – off pdf’s contents can be done with the use of PayPal, & Credit cards. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your REZENERCISE account, you can do so at any time by logging into your account and editing your payment information.

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(b) How to cancel a subscription.

Deleting the app from your phone WILL NOT CANCEL YOUR SUBSCRIPTION. You must do this manually via the FINANCIALS TAP.

If you are using the REZENERCISE VIP ACCESS Membership Service through the Web based browser and you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, first log into your account, and then click the “9 dots” in the top right corner and click FINANCIALS or type the following address into your web browser while you are still logged in:  https://rezenercise.mypthub.net/3/finance/subscriptions 

From there, click the “3 dots” next to the respective subscription/package to view which then will all you to CANCEL.

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If you are using the REZENERCISE VIP ACCESS Membership Service through an Application (Including mobile application) and you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, first log into your account, and then click the “9 dots” located in the bottom right corner and click FINANCIALS. From there, click the “3 dots” next to the respective subscription/package to view which then will all you to CANCEL.

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12. REVISIONS

REZENERCISE may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this Website including, without limitation, any content, products, services or prices offered through this Website. REZENERCISE shall not be liable to you or any third party should it exercise this right to modify or discontinue this Website. REZENERCISE also reserves the right to revise the Terms and Conditions of this Website at any time. All revisions will be posted on these Terms and Conditions and will be effective immediately upon its posting. By surfing, using, browsing or purchasing on this Website, you are deemed notified and bound by any changes to these Terms and Conditions. If you do not accept these revisions to the Terms and Conditions, then you must immediately stop using this Website. We encourage users to review these Terms and Conditions each time you visit this Website to remain informed of any changes to them. Any revisions to these Terms and Conditions will not apply retroactively to disputes arising prior to the adoption of the revisions.

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13. ELECTRONIC COMMUNICATIONS

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

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14. HEALTH DISCLAIMER

ANY AND ALL INFORMATION CONTAINED ON THIS WEBSITE IS NOT INTENDED TO TAKE THE PLACE OF MEDICAL ADVICE FROM A HEALTH CARE PROFESSIONAL. EXERCISE, DIET AND HEALTH RELATED MATTERS VARY FROM PERSON TO PERSON. NOTHING ON THIS WEBSITE SHALL BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ANY ACTION WHATSOEVER WHICH IS TAKEN BASED ON THE CONTENTS OF THIS WEBSITE OR ANY OF ITS RELATED SITES, MATERIALS, PRODUCTS OR INFORMATION IS TO BE USED SOLELY AT YOUR OWN DISCRETION, RISK AND LIABILITY. YOU SHOULD ALWAYS CONSULT THE APPROPRIATE HEALTH PROFESSIONALS ON ANY MATTER THAT IS RELATED TO YOUR HEALTH AND WELL BEING BEFORE PROCEEDING WITH ANY ACTION PERTAINING TO HEALTH RELATED ISSUES. WHILE THE INFORMATION PROVIDED ON THIS WEBSITE IS BELIEVED TO BE ACCURATE, THIS WEBSITE ASSUMES NO LIABILITY FOR THE USE OR MISUSE OF INFORMATION AND PRODUCTS ON THIS WEBSITE.

NEITHER THIS WEBSITE NOR ITS AFFILIATES, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS, SHALL BE RESPONSIBLE IF YOU FAIL TO CONSULT THE APPROPRIATE HEALTH AUTHORITIES WITH RESPECT TO YOUR HEALTH CARE BEFORE ACTING ON OR USING ANY INFORMATION OR PRODUCTS FOUND ON THIS WEBSITE, NOR WILL THEY BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR THE USE OR MISUSE OF, THE INFORMATION ON THIS WEBSITE

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15. DISCLAIMER OF WARRANTY

ALL CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SUBJECT TO THE FOREGOING, REZENERCISE DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL EXPRESS WARRANTIES EXCEPT THOSE EXPLICITLY MADE IN THESE TERMS AND CONDITIONS. REZENERCISE MAKES NO REPRESENTATION THAT THE INFORMATION OR CONTENT CONTAINED ON THIS WEBSITE, YOUR RESULTS IN USING THIS WEBSITE, OR THE SERVICE ITSELF WILL BE ACCURATE, VALID, RELIABLE, COMPLETE, TIMELY OR AVAILABLE OR THAT IT DOES NOT VIOLATE OR INFRINGE THE RIGHTS OF ANY THIRD PARTY. REZENERCISE DOES NOT WARRANT THAT THE CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, THEIR SERVERS, OR E-MAIL SENT FROM REZENERCISE WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL AGENTS OR COMPONENTS, SECURE OR TIMELY. REZENERCISE MAKES NO REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY SITE LINKED TO THIS WEBSITE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES THAT:  “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

CERTAIN STATE LAWS INCLUDING, BUT NOT LIMITED TO, THOSE OF VIRGINIA, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

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16. LIMITATION OF LIABILITY

YOU AGREE THAT, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS, INCLUDING THOSE OF THE STATE OF VIRGINIA, NEITHER REZENERCISE NOR ITS AFFILIATES, NOR THE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS OF EACH SHALL BE LIABLE FOR, NOR SHALL YOU BE ENTITLED TO, ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE. THIS WAIVER OF LIABILITY APPLIES TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF REZENERCISE IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT OR PRODUCT LIABILITY OR OTHERWISE.

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17. USE OF THE SERVICES VIA THE APP

The following terms are applicable as additions to this terms and conditions when you make use of the services via the mobile application

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App Use License

When you use the Services through the App, then REZENERCISE (hosted by mypthub) grant you a revocable, non-transferable, non-exclusive, limited right to install and use it on wireless phones and devices that are in accordance with the terms and conditions of this license, used and controlled by you and shall not:

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  1. Decompile, disassemble, reverse-engineer, attempt to know the source code of the App, or decrypt it;

  2. make any modification, enhancement, adaptation, improvement, translation or derivative work from the App;

  3. go against any applicable laws, regulations, or rules regarding your use of the App;

  4. alter, remove, or obscure any of REZENERCISE’s proprietary notice, and the licensor of the App;

  5. make the App available over network or other environs that allow access or use by multiple devices or multiple users at the same time;

  6. use the App to create services, or software that is directly or indirectly competitive with or in any way a substitute for the App;

  7. use the App to send automated queries or unsolicited commercial emails to any platform; and

  8. Make use of any proprietary information of REZENERCISE in the development, design, manufacture, distribution, or licensing of any application, devices, or accessories for use with the App.

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Terms Regarding Apple and Android Devices

The following terms and conditions will apply when you access the App either from the Apple Store or the Google Play Store. You acknowledge that these Terms is between you and REZENERCISE (hosted by mypthub) only and not with Apple Inc. or Google Inc. (both an “App Distributor”), and REZENERCISE (which is not an App Distributor) is directly responsible for the App and the App Content thereof.

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  1. Scope of License: The license granted to you for the App is limited to a non-transferable permit to use the App on a device that uses the Apple iOS and/or Android operating system as applicable and in line with the usage rules set forth in the applicable App Distributor terms and conditions agreement.

  2. Maintenance and Support: REZENERCISE (hosted by mypthub) is solely responsible for providing any maintenance and support services with respect to the App as specified under these Terms and applicable laws. You hereby agree that no App Distributor is responsible for any support and maintenance services in relation to the App.

  3. Warranty: REZENERCISE is responsible for any service warranties, whether express or implied by law, to the extent not effectively disclaimed. In any event, where the App fails to conform to any applicable warranty, you may alert the relevant App Distributor, and the App Distributor, in accordance with its policies and terms, may refund the purchase price (if any) paid for the App, and to the fullest extent permissible by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the App and any other claims, losses, liabilities, damages, expenses or costs attributable to any failure to obey any warranty will be REZENERCISE ’s sole responsibility.

  4. Service Claims: You hereby agree that REZENERCISE (not an App Distributor) is liable for addressing any of your claims or those of a third party relating to the App or your control and/or use thereof, including but not limited to; (a) service liability claims; (b) any claim that the App fails to obey any applicable or legal requirement; and (iii) claims arising from consumer protection or similar legislation.

  5. Intellectual Property Rights: You acknowledge that in the event of any third-party claim that the App or your use thereof infringes a third party’s intellectual property rights, the relevant App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

  6. Legal Compliance: You represent and warrant that (i) you do not reside in a country that is subject to an US government embargo, or that has been designated by the US government as a ‘terrorist supporting’ country; and (ii) you are not on any US government list of prohibited or restricted parties.

  7. Third Party Terms and Conditions Agreement: You must comply with the third-party terms and conditions agreement applicable when using the App. For example, if you have a VoIP application, you must not violate their wireless data service agreement when using the App.

  8. Third Party Beneficiary: Both you and REZENERCISE acknowledge that the App Distributors and their subsidiaries are third party beneficiaries of these Terms and that upon your acceptance of the terms and conditions of these Terms, each App Distributor will have the right to enforce these Terms against you as a third party beneficiary thereof.

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18. GOVERNING LAW AND JURISDICTION

This general terms and conditions in relation to the use of www.rezenercise.com and its related mobile application is hereby governed by, and constructed and enforced in accordance with the laws of Virginia. The competent courts in Virginia, shall have the exclusive jurisdiction to resolve any dispute between you and REZENERCISE.

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