HELM STRENGTH & NUTRITION LLC D/B/A HELM TRAINING CO. TERMS AND CONDITIONS AND PRIVACY POLICY
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READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY AS THEY GOVERN THE USE OF THE SERVICES AND PRODUCTS PROVIDED BY HELM TRAINING CO. AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE TERMS INCLUDE VARIOUS LIMITATIONS, EXCLUSIONS, AND WAIVERS OF RIGHTS.
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1. DEFINITIONS
a. “Client” means any person who uses the Website, purchases or uses Content, or otherwise accesses or views the Website or any Content.
b. “Company” means Helm Strength & Nutrition LLC d/b/a Helm Training Co.
c. “Content” means all written, visual, video, or audio material available on the Website or any social media account affiliated with Company, as well as any written material purchased, viewed, or offered by Company through the Website or other platform, including but not limited to courses, coaching services, guides, eBooks, forms, worksheets, webinars, website materials, training programs, and training templates, including Subscription Programs.
d. “Fee” means the amounts due for the Program(s) selected by Client.
e. “Party” or “Parties” means Client and/or Company, individually or collectively.
f. “Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person as defined under applicable data privacy laws.
g. “Subscription Fee” means the monthly Fee due for Subscription Program(s).
h. “Subscription Program” means any Content available for purchase on a recurring subscription basis.
i. “Subscription Term” means the period Client agrees to purchase a Subscription Program.
j. “Website” means the website operated by Company and accessible at www.helmtraining.co and all of its associated content, including associated pages, forms, sub-pages.
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2. ACCEPTANCE
By using the Website, or purchasing or using any Content, or otherwise accessing or viewing the Website or any Content, Client voluntarily accepts these Terms and agrees to act in accordance with these Terms. Client’s acceptance of these Terms is limited to the express terms contained herein. Any different or additional terms are expressly rejected by Company unless accepted in writing by Company.
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3. ACCESS TO CONTENT
Company may offer free or paid Content through third-party platforms, such as Instagram, CoachRx, or any other platform that Company may designate in its sole discretion (“Program Platform”). Client acknowledges and agrees that the Program Platform may be operated by a third-party and Company is not liable or responsible for the Program Platform. Client releases Company from and against all damages related to their use of the Program Platform.
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4. PAYMENTS
a. Where Company offers paid Content for sale, Client agrees to pay the Fee for such paid Content, plus applicable sales tax, through the CoachRx app or other platform that may be designated by Company in its sole discretion (“Company Platform”). Payments shall be made prior to Client being provided access to the paid Content. If Client elects to participate in a paid Subscription Program, the Subscription Fee shall be due on the first of each month using the Company Platform for the entirety of the Subscription Term.
b. All payments must be through credit or debit card. Other forms of payment (such as cash, check, or Venmo) will not be accepted.
c. By accepting these Terms, Client agrees to provide Company with Client’s credit or debit card information, authorizes Company to save Client’s credit or debit card on file (in the Company Platform or otherwise), and authorizes Company to automatically charge Client’s credit or debit card for all amounts due in accordance with these Terms and the paid Content selected by Client.
d. Client acknowledges and agrees that the Company Platform may be operated by a third-party and Company is not liable or responsible for the Company Platform. Client releases Company from and against all damages related to their use of the Company Platform.
e. If Client desires to begin a Subscription Program on a date other than the first of the month, the first Subscription Fee shall be due prior to delivery of the Subscription Program and will be prorated accordingly.
f. If Client fails to pay any Fee or any other amounts due, in addition to any other rights and remedies available to Company, Company may immediately suspend Client’s access to any Content until such time as Client pays all outstanding Fees due to Company.
g. Company reserves the right to increase the Fees, including any Subscription Fees, at any time in its sole discretion.
h. Company reserves the right to make reasonable changes to the billing and payment processes at any time in its sole discretion.
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5. REFUNDS ON PAYMENTS
Client acknowledges and agrees that, absent error on the part of Company, no refunds for any payments made to Company will be provided for paid Content purchased after Client is given access to such paid Content.
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6. TERMINATION
Company may immediately terminate Client’s access to any Content (paid or unpaid) if Client fails to comply with these Terms.
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7. INTELLECTUAL PROPERTY
a. The Website and all Content are Company’s intellectual property, and Company retains all intellectual property rights, including but not limited to patents, patent applications, trade secrets, copyrights, trademarks, maskworks, database rights, and other similar rights, in such Content.
b. Company grants Client a limited license to use and share free Content made generally available to the public by Company for personal purposes, provided Client provides appropriate attribution to Company if Client shares any such Content with any third parties.
c. Company grants Client a limited license to use paid Content for personal purposes only. Client shall not share paid Content with any third parties.
d. Client shall not use Content for commercial purposes without express written consent from Company.
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8. CONFIDENTIALITY
a. Company (as the "Disclosing Party") may disclose or make available to the Client (as the "Receiving Party") information about its business affairs, products/services, confidential intellectual property, trade secrets, third-party confidential information and other sensitive or proprietary information, whether orally or in written, electronic or other form of media whether or not marked, designated or otherwise identified as "confidential" (collectively, "Confidential Information”) This includes but is not limited to certain Content and other information disseminated to the Receiving Party by the Disclosing Party.
b. The Receiving Party shall: (A) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a reasonable degree of care; (B) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than as permitted under these Terms; and (C) not disclose any such Confidential Information to any person or entity, except to the Receiving Party's representatives who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise their rights or perform their obligations under these Terms. The Receiving Party shall be responsible for any breach of this Section caused by any of its representatives.
c. On the expiration or termination of the Agreement or at any time during or after the Term of this Agreement, at the Disclosing Party's written request, the Receiving Party shall promptly return, and shall require its representatives to return to the Disclosing Party all copies, whether in written, electronic or other form or media, of the Disclosing Party's Confidential Information, or destroy all such copies and certify in writing to the Disclosing Party that such Confidential Information has been destroyed. In addition to all other remedies available at law, the Disclosing Party may seek equitable relief (including injunctive relief) against the Receiving Party and its representatives to prevent the breach or threatened breach of this Section and to secure its enforcement.
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9. WARRANTIES
Client acknowledges and agrees that all Content is provided “AS-IS”. COMPANY DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THAT THE CONTENT IS ACCURATE OR OTHERWISE FREE FROM ERRORS.
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10. ASSUMPTION OF THE RISKS AND RELEASE
BY ACCEPTING THESE TERMS, CLIENT RECOGNIZES THAT THERE ARE CERTAIN INHERENT RISKS ASSOCIATED WITH PHYSICAL ACTIVITY AND NUTRITION COACHING AND THAT THE CONTENT MAY INVOLVE STRENUOUS PHYSICAL ACTIVITY INCLUDING, BUT NOT LIMITED TO MUSCLE STRENGTH, AND ENDURANCE TRAINING, CARDIOVASCULAR CONDITIONING AND TRAINING, AND ANY OTHER FITNESS ACTIVITY.
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CLIENT HEREBY AFFIRMS THAT CLIENT IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY KNOWN DISABILITY OR CONDITION WHICH WOULD PREVENT OR LIMIT CLIENT’S USE OF THE CONTENT. CLIENT UNDERSTANDS THAT CLIENT’S USE AND PARTICIPATION IS PURELY VOLUNTARY AND IN NO WAY MANDATED BY COMPANY. CLIENT ASSUMES FULL RESPONSIBILITY FOR PERSONAL INJURY TO CLIENT AND (IF APPLICABLE) CLIENT’S FAMILY MEMBERS OR THOSE WITH WHOM CLIENT SHARES THE CONTENT.
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CLIENT FURTHER AFFIRMS THAT CLIENT’S RESPONSES TO ANY PRE-SCREENING QUESTIONNAIRE IN NO WAY SHIFTS LIABILITY TO COMPANY AND IT IS CLIENT’S RESPONSIBILITY TO DETERMINE WHETHER OR NOT CLIENT IS PHYSICALLY AND MENTALLY ABLE TO PARTICIPATE IN THE CONTENT.
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CLIENT HEREBY EXPRESSLY WAIVES AND RELEASES ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST COMPANY OR ANY OF ITS COACHES, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "RELEASEES"), ON ACCOUNT OF INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION WITH THE CONTENT, WHETHER ARISING OUT OF THE NEGLIGENCE, COMPANY, OR ANY RELEASEES OR OTHERWISE. CLIENT COVENANTS NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.
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BY ACCESSING THE WEBSITE, USING OR PURCHASING THE CONTENT,, CLIENT ACKNOWLEDGES THAT CLIENT HAS READ AND UNDERSTOOD ALL TERMS AND THAT CLIENT VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE COMPANY. CLIENT EXPRESSLY AGREES THAT THE RELEASE, WAIVER, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENTS CONTAINED HEREIN ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW IN THE STATE OF OHIO.
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11. INDEMNIFICATION
Client shall defend, indemnify, and hold harmless Company, and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under these Terms, and the cost of pursuing any insurance providers, incurred by and/or awarded against indemnified party in a final judgment, arising out or resulting from any claim arising from or related to the Website, the Content, or these Terms.
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12. NUTRITIONAL DISCLAIMER
Client understands and agrees that Company is not a registered dietician. Any nutritional guidance or information given is not meant to be used as prescriptions for diets, or supplements to treat any medical or clinical condition, to treat any symptoms of a medical or clinical condition or to diagnose a medical or clinical condition. Any nutritional information given is merely information regarding nutrition for healthy individuals only. If Client has a medical or clinical condition, Client understands and acknowledges that they should consult a registered dietician for more information regarding nutrition and Client’s condition.
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13. THIRD PARTY DISCLAIMER
Company may have relationships with third parties or provide information to access to third party content or websites (“Third Parties”) and that Company may discuss such Third Parties with Client, provide information on such Third Parties on Company’s social platforms, and/or provide information on such Third Parties on Company’s website. Client’s access to websites maintained by these Third Parties, use of products or services from these Third Parties, or any interactions with these Third Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Client and such Third Parties. Client is solely responsible for making all investigation necessary or appropriate before proceeding with any offline or online transaction or interaction with any of these Third Parties.
Client agrees that neither Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any interactions with any such Third Parties. Client shall be solely responsible for resolving disputes between Client and any such Third Party. Client hereby releases Company and Releasees from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to transactions or interactions with any such Third Parties.
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14. NON-DISPARAGEMENT AGREEMENT
Company and Client mutually agree to refrain from making any disparaging statements, either orally, in writing, or on social media, about each other, or any affiliate of Company, or about any affiliate of the Company’s directors, officers, agents, partners, athletes or representatives.
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15. USE OF PHOTOS AND CLIENT INFORMATION
Client acknowledges that photos and or videos of Client may be used across various social media platforms, and website by Company for marketing purposes. Client gives permission and consent to allow Company to use client photos, videos, and name as necessary on platforms including but not limited to Instagram, Facebook, Tik Tok, YouTube, and the Website. Client may request that their photos, videos, and name be kept private and not used in any manner. If at any time Client is uncomfortable with a photo, video, or use of their name that Company has shared, Client may request Company to take down the photo, video, or use of their name. Company shall own all right, title, and interest in and to all photos and videos of Client that are taken using Company’s photo or video equipment, submitted to Company via any platform, including but not limited to CoachRx and Instagram, or that are used on the Website or Company’s social media platforms.
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16. PERSONAL DATA AND PRIVACY POLICY
a. Company receives, collects, and stores Personal Data submitted by Client on the Website and Company’s social media platforms or otherwise provided by Client to Company both online and offline. This information may include personally identifiable information (including name, email, password, and communications), payment details (including credit card information), comments, feedback, reviews, recommendations, and personal profiles.
b. Company collects this Personal Data and other non-personal information to provide the Content, to provide and operate other services offered by Company including but not limited to individualized personal training services, to process and fulfill orders, to provide Client with support and assistance regarding the Content and services offered by Company, to contact Client with general or personalized notices and promotional messages, to conduct marketing and sales activities, to create aggregated data used to improve the Content and other services offered by Company, and to comply with any applicable laws and regulations.
c. Company uses commercially acceptable methods to protect Personal Data and other information provided by Client to Company. Company also uses third-party platforms to provide the Content and other services offered by Company. Personal Data may be stored on these third-party provider’s platforms and be subject to the third-party provider’s privacy policies.
d. Company may contact Client to notify Client regarding Client’s account, to troubleshoot problems with Client’s account, to resolve a dispute, to collect Fees due, to poll Client’s opinions through surveys or questions, to send updates about the Company, or as otherwise necessary to enforce these Terms, applicable laws, and any other agreement between Company and Client. Company may contact Client through email, telephone, text message, and postal mail.
e. If Client does not want Company to process their Personal Data, or Client desires to access, correct, amend, or delete any Personal Data, Client may contact helmstrength@gmail.com.
f. Company reserves the right to modify this privacy policy at any time. Changes and clarifications will take effect immediately upon publication. If Company makes material changes to this policy, Company will notify Client that such policy has been materially updated through postings on the Website.
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17. APPLICABLE LAW.
The laws of the State of Ohio will govern all questions concerning the construction, validity, and interpretation of this Agreement and the performance of the obligations imposed by this Agreement without regard to conflict of law. The Parties submit to the exclusive personal jurisdiction of the state and federal courts located in or having jurisdiction over Cincinnati, Ohio.
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18. REMEDIES.
Except as otherwise provided in this Agreement, all remedies shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.
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19. ASSIGNMENT
Client may not assign, resell, or transfer to any other person or entity the rights allowed or obligations required by this Agreement.
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20. ENFORCEMENT
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect, and the provision held invalid or unenforceable shall be deemed modified so as to give the provision the maximum effect permitted by applicable law.
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21. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the Parties, and supersedes any and all previous understanding, agreements, arrangements, or discussions, written or oral, between the Parties relating hereto. There are no collateral agreements, representations, or guarantees, oral or otherwise unless attached hereto and signed by both Parties.
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22. SURVIVAL
All rights, duties, and obligations which by nature should apply beyond the term of the Agreement will remain in force after the termination or expiration of this Agreement.
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23. CHANGES
Company reserves the rights to amend, change, or alter these Terms at any time without notice.
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24. MINOR ACKNOWLEDGEMENT
Client represents and warrants that they are at least 18 years of age.
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