Membership Checkout

Terms of Use

Welcome to AT HOME FITNESS, Inc. These Terms of Use govern your use of the website www.athomefitnessmn.com (the "Site") and any service offered on the Site (the "Services"). This is a legal agreement between you and AT HOME FITNESS, Inc. ("we," "us," or "AHF").

By using, requesting to use, or registering to use the Site, you agree that you have read, understand, and will be bound by these Terms of Use. If you do not agree or are unable to agree to be bound by these Terms of Use, do not use the Site or the Services.

We may modify these Terms of Use from time to time.  When changes are made, we will make the revised version available and will indicate the date the revisions were made.  Your continued use of the Site or the Services after such posting will constitute acceptance of the revised Terms of Use by you.

As used in these Terms of Use and the associated Privacy Policy[BZ1] , the following terms are defined as follows:

1. 1. www.athomefitnessmn.com.

1. Intended Use: The Site is intended to assist Clients and Health Professionals who seek to work with each other for health and fitness purposes. 

The Site and the Services are intended to be used only by Users, as that term is defined above.  We reserve the right to prescreen prospective Users for compliance with our intended uses and with these Terms of Use.  We reserve the right to review existing User accounts, and to refuse and/or remove, without prior notice, profiles created by or content uploaded by anyone who, in our sole discretion, is not a User as defined herein or who has, in our sole judgment and discretion, violated these Terms of Use.  We may terminate the account of any such non-User and prohibit the non-User’s further access to the Site and/or the Services.

• Client Accounts:  We allow Clients to create individual profiles which may include Uploaded Content including personal information, photos, statistics, and more.  Portions of such Profiles will become publicly available and can be searched, viewed, and evaluated by Health Professionals.
  • Personal Trainer Accounts:  We allow Personal Trainers to create profiles which may include images, photos, and information describing the Trainer’s educations, philosophy, certificates, institution, staff, policies, and Authorized Representatives.  Trainers are permitted to view Clients profiles and communicate with Clients through the Site. 
  • Assumption of Risk: Your use of any information, content, or Services provided on or through the Site is entirely at your own risk, for which we are not liable.  It shall be your responsibility to ensure that any content, services, or information available on the Site meet your requirements.  We do not guarantee the authenticity, truthfulness, or accuracy of any claims, information, or content on the Site, including but not limited to any User’s status as a Recruiter or Authorized Agent.
  • Proper Use: As a condition of your use of the Site and/or the Services, you agree to use this Site in a manner that is lawful and proper, and warrant that you will not use the Site or the Services for any purpose that is unlawful or prohibited by these Terms of Use.  Your use may not damage or impair the Site or interfere with others’ use and enjoyment of the Site or the Services.  Any use of the Site that AHF, in its sole discretion, finds inappropriate, offensive, threatening, harmful, tortuous, libelous, invasive of another’s privacy, or otherwise contrary to these Terms of Use may result in termination of your account with or without notice at any time for any reason.  If termination does occur, you agree to discontinue use of the Site.
  • You agree to report to us promptly any violation of these Terms of Use.
  • You agree that you have read and understood our Privacy Policy[z2] .

• Prohibited Uses: 
  • THE SERVICES ARE NOT DIRECTED TO, OR INTENDED FOR, USERS UNDER 18 YEARS OF AGE. USE OF THE SERVICES BY CHILDREN UNDER THE AGE OF 18 IS PROHIBITED. BY USING THE SERVICES, YOU ARE AFFIRMING THAT YOU ARE AT LEAST 18 YEARS OLD OR HAVE PARENTAL CONSENT.

Clients who are under the age of 18 must have an Authorized Representative subscribe to the Services on such Clients’ behalf.  If you are an Authorized Representative registering an account on behalf of an Client under the age of 18, you certify that are the parent or legal guardian of the Client for whom you register such account.

• By using the Site and/or the Services, you agree that you will not under any circumstances:Post, upload, or otherwise present information, graphics, photos, or other content in any way that is profane, abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;Use the Site or Services for any purpose not expressly intended by AHF;Attempt to harass, abuse, or harm another person or group;Use another User's account or permit anyone other than you to use your account;Knowingly provide false or inaccurate information;Impersonate another person, team, or entity, whether actual or fictitious;Interfere with the proper functioning of the Site or Services;Use the Site provided for any commercial solicitation purposes other than recruitment of Athletes by Recruiters;Publish or link to malicious or harmful content;Publish or link to any images or other media containing the likeness of any person under the age of 14; orUse the Site or the Services to market, advertise, sell, or solicit any product or service, except as specifically permitted in these Terms of Use.

We reserve the right to, without prior notice, prescreen, pre-approve, refuse, remove, cancel, and/or terminate any account, Uploaded Content or User profiles from the Site.  If your Uploaded Content, User profile, or account is subject to such action, you agree to discontinue use of the Site.

1. Users must create an account in order to create profiles, upload contact, or otherwise utilize the Services.  As part of the account creation process, Users will select a username and password.   You agree not to select a profane, offensive, or otherwise inappropriate username of any kind. 
   1. To obtain a Personal Training session or 90 Day Program, a User must pay a subscription fee[BZ3] .  All subscriptions are for a term of 90 days with a 30 day Cancellation, and if not cancelled within the 90 days the Clients program continues to a month to month agreement, and the subscription fee must be paid in full at the time of registration.  MEMBERSHIP SUBSCRIPTION FEES ARE NONREFUNDABLE AND ANY CANCELED PROGRAMS PRIOR TO THE END OF THE 90 DAY PROGRAM OR BEFORE A 30 DAY CANCELLATION PERIOD YOU ARE OBLIGATED TO PAY IN FULL AND YOU ARE SUBJECT TO LAWYER AND COURT FEES. 
   1. Subscriptions will automatically renew at the end of each subscription term, every month, unless you cancel your subscription before it renews, which then you will pay the full remaining balance of your program in full.  For any and all such automatic renewals, you authorize AHF to charge your selected payment method the then-current applicable fee.  Failure to renew a Subscription will result in the removal of access to the Membership features and functionalities.
   1. Services and subscription fees are subject to change from time to time without notice. If you subscribe to a 90 Day Program or Bundle Package, you agree to pay all charges associated with such membership.
   1. Any failed payments or canceled programs prior to the 30 day notice period you are obligated to pay for the full payment of the program and additional Lawyer and Court fees.
   1. We accept payments through all major credit cards.
   1. Account Administrator[BZ4] .  Please be advised that no refunds or partial refunds of subscription fees will be provided. 

It is your exclusive obligation to maintain and control passwords and login information for your account.  You are exclusively responsible for all activities that occur in connection with your account, username, and/or password.  You agree to immediately notify AHF of any unauthorized uses of your username and password or any other breaches of security.  AHF will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.

• Third-Party Links to Site
  • This Site may provide links to other Sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via "inverse" hyperlinks and framing technology (a "Linked Site"). 
  • AHF has no discretion to alter, update, or control the content on a Linked Site.  The fact that AHF has provided a link to a third-party site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers.  There are inherent risks in relying upon, using, or retrieving any information found on the internet, and AHF urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.
  • Site Content: All information and content located on the Site is protected by copyright.  All content on the Site other than Uploaded Content is either owned by AHF or is the property of AHF's vendors, affiliates or licensors.  You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works of, or using any content available on or through the Site for commercial or public purposes.  You may not use content on the Site except as we give you written permission to do so.  The trademarks, logos, and service marks (collectively, "Marks") displayed on the Site are the property of AHF and other parties.  You are prohibited from using any Marks for any purpose without the written permission of AHF or such third party as may own a given Mark.  Unauthorized use of the Site may give rise to a claim for damages and/or be a criminal offense.

• Uploaded Content:  We may allow Users to post, submit, and/or publish Uploaded Content. You are solely responsible for your Uploaded Content and the consequences of posting, submitting, and/or publishing such Uploaded Content on the Site.

By using the Services and posting, submitting, and/or publishing Uploaded Content on the Site, you represent and warrant that you own the entire right, title, and interest in and to such Uploaded Content, including without limitation the copyrights therein and thereto, and that such Uploaded Content: (i) is original and has not been copied in whole or in part from any other work; and, (ii) does not violate, infringe on, or misappropriate the proprietary rights of any third party.

You give AHF and its affiliates and media outlets/partners a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable and sublicensable right and license to use, share, reproduce, distribute, prepare derivative works of, publicly display, transmit, store, reformat, excerpt, edit, archive, index, and modify such Uploaded Content, for purposes including but not limited to advertising, marketing, and promotion of the Site and/or the Services. 

• If you have any comments or questions regarding content or materials on the Site, please contact us using the contact information found at the end of these Terms of Use. If you believe in good faith that any content on the Site violates your copyright, please contact us as provided at the end of these Terms of Use.

• • The information, software, products, and descriptions of services published on the Site or a Linked Site may include inaccuracies or typographical errors, and AHF specifically disclaims any liability for such inaccuracies or errors. AHF does not warrant or represent that the content on the Site is complete or up-to-date. AHF is under no obligation to update the content on the Site. AHF may change the content on the Site or alter the Services at any time without notice. AHF may make improvements or changes to the Site at any time. AHF does not warrant the accuracy, adequacy, or completeness of any information and materials on the site or provided or obtained in connection therewith. AHF does not warrant that your use of the Site or Services or that information on the Site will be secure, uninterrupted, error-free, available, or accurate, or that any defects in the Site will be corrected. AHF makes no warranties about the continued availability of the Site or Services.
  • Profile listings do not imply that AHF has reviewed or approved of the information contained within a given profile. You agree that you are using the Site at your own risk and assume all risks when using the Site, including but not limited to all risks associated with any online or offline interaction with others. 

• Limitation of Warranty and Damages: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, AHF MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF THE SITE OR ANY SERVICE PROVIDED BY RAI. IN NO EVENT SHALL AHF BE LIABLE TO ANY USER FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, THIRD-PARTY LITIGATION, OR ANTICIPATORY PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER CLAIMS, EVEN IF RAI HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. BY USING THE SITE OR THE SERVICES, YOU agree that AHF'S liability to YOU for any claim ARISING under THESE TERMS OF USE shall not exceed the amount YOU paid to RAI PURSUANT TO THESE TERMS OF USE. 

1. Indemnification: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AHF FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES, DEMANDS, OR LIABILITY, INCLUDING ATTORNEYS' FEES AND COSTS INCURRED BY RAI IN CONNECTION WITH ANY CLAIM BY A THIRD PARTY (INCLUDING AN INTELLECTUAL PROPERTY CLAIM) ARISING OUT OF (I) YOUR USE OR MISUSE OF, OR INABILITY TO USE, THE SITE, (II) ANY MATERIALS AND CONTENT YOU SUBMIT, POST, OR TRANSMIT THROUGH THE SITE, (III) YOUR VIOLATION OF THESE TERMS OF USE OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, (IV) YOUR INTERACTIONS WITH OR CONDUCT TOWARDS ANY OTHER USERS, OR (V) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION. YOU AGREE THAT YOU WILL COOPERATE AS REASONABLY REQUESTED BY AHF IN THE DEFENSE OF SUCH CLAIMS.  AHF RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY USERS.

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• If you have any questions or need further information as to the Site or the Services, or need to notify AHF as to any matters relating to the Site or Services, please contact support.

Contact information:

AT HOME FITNESS, Inc.

PO BOX 41951

Plymouth, MN 55442

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 [BZ4]Link to contact info

Privacy Policy

AT HOME FITNESS, Inc. (hereinafter known as “ATH”, “us”, or “we”) currently owns and operates the website located at http://wm9.78f.myftpupload.com (the “Site”).  To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.

1. Consent to Terms: Your use of this Site and the services and information provided by it will be considered an affirmative act of agreement to this privacy policy as well as the Site’s Terms of Use, which can be found here[z1] . If you object to any of the terms herein, you should immediately refrain from use of the Site and the Services.  All definitions included in the Terms of Use are incorporated into this Privacy Policy.

• What we collect: We collect Personal Information and Usage Information about Users. For the purposes of this Privacy Policy, “Personal Information” is information that can be used to contact or identify you, such as your full name and email address, and information that is linked to such information.  Personal Information is collected when you register an account, enter into a membership subscription, or modify your account or subscription information.  "Usage Information" is information that cannot be used to contact or identify you and includes passively collected information about your activities on our Site, such as usage data, IP address, and web browser information to the extent that information is not linked to your Personal Information.  We may use standard technology, including, but not limited to "cookies" to collect information about how you use the site.  Please see Section 1e below for more information.

Visitors to the Site who have not registered or have not logged in (“Site Visitors”) can access and browse some portions of the Site without disclosing Personal Information.  We may passively collect certain Usage information from a Site Visitor’s computer, such as your IP address and web browser version, when you browse the Site. In order to utilize some of the Services, you must register an account with RAI.

When you register with AHF, we will collect and store the information that you provide to us directly to verify your identity during online registration. This may include, among other things: Your first and last name, your email address, your mailing address, and your telephone number.

1. If you are a User as defined in our Terms of Use[BZ2] , we collect and store all additional information that you provide to us in your profile. This may include, among other things:

1. Details about you or the organization you represent, your availability, your location, and your level of education;
   1. Profile pictures, videos, or other media you choose to provide;
   1. References or endorsements if you choose to provide them;
   1. Any other information, documents, or media you choose to include.

Information published or posted to a User profile becomes public information once posted, and copies of it may continue to be viewable even after you delete your account. 

• Users will have the opportunity to provide comments and post content to other Users’ profiles.  Users may also have other opportunities to contribute to the Site. We may store these contributions, display them to other Users, and use them for promotional purposes. Your Public Content may appear on other websites or web searches, and therefore this information can be read, collected, and used by others.
  • RAI may allow you to exchange messages with other Users. Messages are stored by AHF in order to make them available to Users and for verification of compliance with our Terms of Use[BZ3] .
  • If you contact AHF to provide feedback about our Site or Services, we may store such communications, including personal information included in the communications, so we can respond to you effectively.
  • We also may collect some anonymous information about how you use the Site by setting and accessing cookies on your computer. A cookie is a small text file that is stored on your computer. These cookies can track information such as how often you use the Site, what pages you view, and where you go after leaving the Site. The cookies are not connected to any Personal Information about you. If you choose to disable cookies in your web browser, you may not be able to access certain aspects of the Site.

• How We Use Information
  • The Personal Information that AHF collects is used to improve our Services and enhance user experience with the Site, to allow us to provide a safe community for all of our Users, and to help us communicate effectively with you.

• The Usage Information that AHF collects is used to customize your experience on the Site and improve the quality of our Services.

• We may also utilize Personal Information to perform identity verifications and background checks through third-party vendors to prevent fraud and ensure compliance with the Site’s Terms of Use.

• How We Share Information

We never sell or rent your Personal Information or information contained in your profile (collectively, “User Information”).  We may, however, share information with other Users and some third parties as follows:

1. If you are an Client or a Personal Trainer, we may share with Site Visitors and Users the information that is included in your profile. This is to increase your chances of connecting with clients and personal trainers. With some exceptions, you choose how much detail you want to include in your profile.
   1. We may display personal testimonials of Users in marketing materials. These may include User Information such as the User’s first name; weight loss or weight gain goals they participate in; team, university, or or institution name; city of residence; and state of residence. With a User's consent, we may include additional User Information.
   1. We may disclose any of the User Information collected to any of our affiliates or subsidiaries for the purposes of providing you with Services, operating the Site, and other commercial purposes.
   1. We may disclose User Information collected about Users if required to do so by law (including, but not limited to, court orders, subpoenas, or warrants), or if in our sole discretion we believe that the disclosure is reasonably necessary to comply with the law. We may also disclose this information as necessary to protect or defend AHF's rights or property.  We also reserve the right to disclose any User Information collected for the purposes of protecting the health and safety of our community and Users, such as in the case of risk of harm to any person.
   1. We do not limit our disclosure of Usage Information, such as information passively collected from your computer. If you do not wish for us to collect this information, you should take steps to limit the passive collection of such data.   

• Email Communication
  • By using the Site and/or the Services, you are consenting to receive certain email communications such as special offers, advice, notifications, and administrative notices.
  • You have the option to opt out of receiving certain emails from AHF. These emails include emails for marketing and educational purposes. You may not opt out of emails you may receive from RAI regarding administrative purposes.

• Changing Personal Information
  • If the Personal Information you have provided to AHF changes, you may update this information by logging into your account and accessing account settings. You should change this information as soon as reasonably possible.
  • If you no longer wish to use our Site or Service, you may cancel your account in the manner described in the Terms of Use.
  • If you choose to cancel your account, we can remove your profile and other Personal Information from our public database upon request. We have no obligation to retain your profile or account information and may remove your profile and account information after cancellation.
  • We may retain your information if we believe it will be necessary for legitimate business purposes.

• How We Protect Information
  • AHF takes the security of your Personal Information seriously and takes precautions to protect such information. We implement industry-recognized safeguards to help protect your Personal Information including, but not limited to, SSL certificates.[BZ4] 
  • User accounts are protected by a password. We urge you to keep your password safe. If you feel that your password may have been compromised, you should immediately notify us and change the password as soon as reasonably possible.
  • Because no method of data protection is 100% secure, this is not a guarantee that such information will not be accessed or disclosed by breach of our safeguards. You understand and agree to assume these risks.

• Changes to Our Privacy Policy

AHF reserves the right to change this policy at any time. When changes are made, we will make the revised version available and will indicate the date the revisions were made. Your continued use of the Site or the Service after such posting will constitute acceptance by you.

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 [BZ4]Is this accurate?