Welcome to AT HOME
(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
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
the following terms are defined as follows:
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,
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.
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.
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.
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
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
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
- 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
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- We accept payments through all major credit cards.
- 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
- If you have any comments or questions regarding
content or materials on the Site, please contact us using the contact
faith that any content on the Site violates your copyright, please contact us
- 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.
- 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.
AT HOME FITNESS, Inc.
PO BOX 41951
[BZ4]Link to contact info
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.
to Terms: Your use of this Site and the services and information provided by it
- What we
collect: We collect Personal Information and Usage Information about Users.
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
we collect and store all additional information that you provide to us in your
profile. This may include, among other things:
about you or the organization you represent, your availability, your location,
and your level of education;
pictures, videos, or other media you choose to provide;
or endorsements if you choose to provide them;
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
- 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
- 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
- We may also utilize Personal Information to
perform identity verifications and background checks through third-party
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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- If you no longer wish to use our Site or
Service, you may cancel your account in the manner described in the Terms of
- 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
- We may retain your information if we believe it
will be necessary for legitimate business purposes.
We Protect Information
- 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
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.