Terms and Conditions

1.1 Welcome to https://fortitudepc.com/. These terms and conditions (“Terms”, “Terms of Use”) set forth the legally binding terms and conditions for your use of https://fortitudepc.com/. By using and/or visiting https://fortitudepc.com/ (the “Web site”), you signify your agreement to these Terms and any other legal notices or guidelines located within the Web site. If you do not agree to any of the conditions within these Terms of Use or other notices or guidelines posted to the Web site, please do not use the Web site and exit now. By registering as a member and/or by purchasing products or services from us, you indicate that you have read and accept these Terms of Use as well as with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

1.2 Throughout these Terms, the words “we,” “us,” “our,” and “FPC” refer to Fortitude Performance Coaching, LLC.

1.3 This agreement is in effect as of September 11th, 2018.

1.4 We may add to, update, delete from or modify the Web site at any time in our sole discretion. We reserve the right to change these Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of the Web site after such modifications will constitute acknowledgment and agreement of the modified Terms. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits to you.

1.5 These Terms of Use apply to all users of the Web site, including users who are also registered members. The Web site Content (defined below) is provided as a courtesy to our users and is intended for personal, informational, educational and non-commercial purposes only. By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Materials”), you agree to use these Materials only for the purposes intended as permitted by these Terms of Use and applicable laws, regulations and generally accepted online practices or guidelines.

2.1 These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

3.1 Wherein, you understand that, in consideration of using the Web site resources and our online coaching including but not limited to our resistance training programs, endurance programming (through Training Peaks™ or otherwise), specialized and sport specific training plans, and all other Materials provided by FPC, you, your heirs, personal representatives or assigns, (herein after referred to as “You” and “Your”) do hereby release, waive, discharge, and covenant not to sue FPC, and/or their owners, directors, officers, employees, and agents from liability from any and all claims including the negligence of FPC resulting in personal injury, humility, accidents or illnesses (including death), and financial loss arising from, but not limited to, participation in activities, use of all Materials, training sessions, observation, workout videos, use of fitness equipment, and suggested health and fitness products.

4.1 Wherein, you understand that, physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries.  FPC provides Materials, programs, and exercise prescriptions including but not limited to activities such as weight lifting, prolonged aerobic activities, hiking, walking, running, swimming, cycling, and stretching. Some of these involve strenuous exertions of the cardiovascular and musculoskeletal systems.  In addition, you fully understand that at any time during the physical activity, FPC may make suggestions to improve your program, correct your form, and improve your technique. If you wish to not adhere to these suggestions, you will inform FPC or will not take part in the Materials provided by FPC. You will never excessively force or strain during exercise, will always use appropriate breathing technique (avoiding breath holding), will use exercise and safety equipment as advised by manufacturers, and will consult a physician immediately upon experiencing any pain or discomfort. You have read the assumption of risk section and you know, understand, and appreciate these and other risks that are inherent in the activities, Materials, and suggestions made possible by FPC and hereby assert that your participation is voluntary and that you knowingly assume all such risks.

4.2 You have been examined by a licensed physician within the past 6 months and been found by such physician to be in good health and fully able to all exercises programmed and taught to you by our instructional videos.

4.3 In the event that you are pregnant, you will not participate in any of our programs until you have discussed the potential risks to you or your unborn child/fetus with your obstetrician. You agree that you will follow your obstetrician’s recommendations and on behalf of yourself, your heir, spouse or other interested party hold harmless FPC for any possible injury to yourself or my unborn child/fetus. You further acknowledge that pregnant women should not begin an exercise program above an intensity at which they were accustomed to performing prior to becoming pregnant.

4.4 You agree to check with your doctor and have it cleared before beginning any new exercise or nutritional program. FPC is not a medical doctor or registered dietician, the Materials provided by FPC are opinion based and they do not claim to diagnose, treat, or cure any cause, condition or disease. All suggestions provided are for informational purposes only; they are not to be confused with medical advice. Always communicate with your doctor to make any decisions or changes regarding your health, as your doctor is the only one who knows what is right for you.

5.1 You agree to INDEMNIFY and HOLD HARMLESS us, our employees, agents, affiliates and other partners, from and against any claims, actions, demands, liabilities or settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, your conduct using the Web site, your use of the Materials available through the Web Site, violation of these Terms of Use, or your violation any other legal notices or guidelines.

6.1 The Web site may contain links to other third-party web sites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the products, services, content, privacy policies or practices of any institutional or third-party web site.  In addition, we are unable and unwilling to censor or edit the content of any third-party web site. We are not involved in any transactions between you and any third party whose products and/or services are listed on the Web site. By using the Web site, you expressly relieve us from any and all liability arising from your use of any linked third-party web site.  Accordingly, we encourage you to read the terms and conditions and privacy policy of each web site that you visit.  If you decide to access any other web sites linked to our Web site, you do so entirely at your own risk.  Any questions, complaints, or claims related to any product or service provided by a third party on the Web site should be directed to the applicable third party.

6.2 We encourage you to carefully choose the information you submit, post, or provide to others using the Web site or Web site features (e.g., comments, postings, user profile, etc.).  Any conversations or information you have or share with others using features that are available on the Web site and any User Submissions (defined below) may be accessible and viewable by all other users or by other members of the Web site.  We do not control, or have any knowledge of the content of any communication(s) spread by the use or functions of the Web site, such as the posting of User Submissions. The content of the communication is entirely the responsibility of the person from whom such content originated.

6.3 We reserve the right to remove, edit or reject any User Submissions (defined below) at any time, in our sole discretion.  Furthermore, we may restrict, suspend or terminate any user’s access to all or any part of the Web site or its features at any time, for any or no reason, with our without notice and with no liability to us whatsoever.

6.4 We hereby grant you a limited, personal, non-exclusive, fully revocable license to use and access the Web site and its features as set forth in these Terms of Use, provided that:

    1) You will not distribute any part of the Web site (other than User Submissions owned by you) in any medium without our prior written authorization.
    2) You will not alter, disassemble, decompile, reverse engineer or otherwise modify any part of the Web site other than as may be reasonably necessary to use the Web site for its intended purpose;
    3) You will otherwise comply with these Terms of Use. You agree not to delete, change or modify in any way the copyright notices or trademarks contained on the Web site.

6.5 You agree that you will not use the Web site and the Materials and features offered through the Web site:

    1) In connection with any commercial activities and/or sales, including without limitation advertising, contests, sweepstakes or pyramid schemes, without our prior written consent;
    2) To promote information that you know is false or misleading or to promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    3) To further or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, patent infringement, or theft of trade secrets;
    4) To solicit personally identifiable information for commercial or unlawful purposes;
    5) To advertise to, solicit, or sell to any person without their prior explicit consent;
    6) To harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of users or members for purposes of sending unsolicited communications or commercial solicitations.

In order to protect third parties and other users from such prohibited conduct, we reserve the right to restrict, in our sole discretion, communications that a user may send through the Web site.

6.6 In order to access our Materials, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Materials. You agree that any information you provide will always be accurate, correct, and up to date. More information regarding the data we collect from you and our use of such data can be found in our privacy policy.

6.7 You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Materials. Accordingly, you are responsible for all activities that occur under your account/s.

6.8 ATTEMPTING TO COPY, DUPLICATE, REPRODUCE, SELL, TRADE, OR RESELL OUR MATERIALS IS STRICTLY PROHIBITED. Specifically, downloadable online programs purchased from the Web site are not to be shared with anyone other than the purchaser.

6.9 Accessing (or attempting to access) any of our Materials by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Materials through any automated, unethical, or unconventional means.

6.10 You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

7.1 Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of these Terms of Use and any information provided during registration processes is also covered under our privacy policy. To read our privacy policy in its entirety, click here.

8.1 The Web site may permit the submission of certain user-generated text, information, data, audio, photographs, files or other content to the Web site (“User Submissions”) and the hosting, sharing, transmission, and/or publishing of such User Submissions. User Submissions may be used, distributed, and published by us and viewed by both us and general users of the Web site. You understand that we do not guarantee any confidentiality with respect to any User Submissions.

8.2 You shall be solely responsible for your own User Submissions and the consequences of submitting, posting, or publishing them.  In connection with User Submissions, you affirm, represent, and warrant that:

    1) You own or have the necessary licenses, rights, consents, and permissions to use, and authorize us to use, all copyrights, trademarks, trade secrets, patents or any other proprietary or personal rights in and to your User Submissions, and to enable inclusion and use of such User Submissions in the manner contemplated by the Web site and these Terms of Use;
    2) Submitting, posting or publishing your User Submission on or through the Web site does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person;
    3) You have the written consent, release, and/or permission of each and every identifiable person or organization in your User Submission to use the name or likeness of each and every such identifiable person or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Web site and these Terms of Use. 

You further affirm, represent and warrant that your User Submissions are not defamatory or libelous in any manner whatsoever.

8.3 By submitting a User Submission to us and permitting it to be viewed, posted, or published on our Web site, you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, sublicenseable, and transferable license, to use, edit, post, and store your User Submissions on our Web site and servers, and to publish, distribute, and display such User Submission in connection with the Web site and our business, including without limitation the right to distribute such User Submissions to other users and third parties. We shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial, or otherwise without any acknowledgement of or compensation to you.  You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submission.

8.4 In connection with any User Submissions, you further agree that you will not:

    1) Submit or publish falsehoods, misrepresentations or statements that could damage us or any third party;
    2) Submit material that is false, misleading, inaccurate, derogatory, unlawful, obscene, defamatory, contains nudity, libelous, threatening, sexually explicit or pornographic, harassing, hateful, intimidating, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense of any federal, state or local law, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable;
    3) Post advertisements or business solicitations, including any “junk mail” or “spam”;
    4) Impersonate another person, institution or organization or falsely state or otherwise misrepresent yourself, your age or your affiliation with any third party, organization, institution or person;
    5) Upload, post, store or otherwise make available any virus, bug, Trojan horse, or other computer file or program that is capable of destroying, interrupting or interfering with or limiting the functionality of the Web site or any server, computer hardware, software or equipment. 

We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein.  We reserve the right to remove Web site Content and User Submissions without prior notice.  We also reserve the right to decide whether Web site Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, trademark infringement, violations of rights of publicity or privacy, obscene or defamatory material, or excessive length.  We may remove such User Submissions and/or terminate a user’s access for accessing or distributing such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.

8.5 You understand that when using the Web site, you will be exposed to User Submissions and third party information from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions and third party information.  You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.

8.6 You are solely responsible for your interactions with other users of the Web site and any disputes that may arise.

9.1 By using our website, you understand and agree that all Materials we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

    1) The use of our Materials will meet your needs or requirements;
    2) The use of our Materials will be uninterrupted, timely, secure, or free from errors;
    3) The information obtained by using our Materials will be accurate or reliable;
    4) Any defects in the operation or functionality of any Materials we provide will be repaired or corrected.

9.2 Furthermore, you understand and agree that:

    1) Any content downloaded or otherwise obtained through the use of our Materials is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content;
    2) No information or advice, whether expressed, implied, oral or written, obtained by you from FPC or through any Materials we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.

10.1 In no event shall we, or our directors, employees, affiliates, subsidiaries, agents and other partners be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

    1) Any indirect, special, incidental, or consequential damages that may be incurred by you;
    2) Any loss of data, income, business, or profits (whether direct or indirect) that may be incurred by you;
    3) Any claim, damage, or loss which may be incurred by you as a result of:
            a) The availability of Web site and/or any other third-party web sites;
            b) Any reliance placed by you on any advertising, products, services or other content or Materials on, or available from, the Web site or any third-party web site;
    4) Any of your transactions with third parties or other users.

10.2 The limitations on our liability to you above shall apply whether or not we have been advised of the possibility of such losses or damages arising.  The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

10.3 You specifically acknowledge that we shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

11.1 The content on the Web site, except all User Submissions (“Web site Content”) is owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. This content may not be used in connection with any product or service in any manner without our prior written consent. You in no way will obtain any ownership interest in the Web site Content, trademarks or service marks contained on this Web site.  Web site Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owner.  We reserve all rights not expressly granted in and to the Web site and the Web site Content.  You agree to not engage in the use, copying, or distribution of any of the Web site Content other than as expressly permitted herein or as reasonably necessary to use the Web site for its intended purpose.  You agree not to circumvent, disable or otherwise interfere with security related features of the Web site or features that prevent or restrict use or copying of any Web site Content or User Submissions or enforce limitations on use of the Web site or the Web site Content and User Submissions.

11.2 Notification. If you are a copyright owner or an agent thereof and believe that any User Submission or other Web site Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information:

    1) An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2) A description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Web site;
    3) A description of the location on the Web site of the allegedly infringing material(s);
    4) Your address, telephone number, and e-mail address;
    5) A written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    6) A written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Fortitude Performance Coaching’s designated Copyright Agent for notice of claims of infringement is:

Simon Higgins
3203 Bardwell Road,
Greensboro, NC 27410

E-mail: simon@fortitudepc.com

11.3 In accordance with the DMCA and other applicable law, we shall, in appropriate circumstances, terminate or block access to, at our sole discretion, of any user that we find to be a repeat infringer of others copyrights.  We may also, in our sole discretion, limit or fully block access to the Site of any user infringing the intellectual property rights of others, regardless of whether such user is a repeat offender or not.

12.1 You agree that we may, at our sole discretion, suspend or terminate your access to all or part of the Web site and Web site Content with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Web site Content we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

13.1 Our refund policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we cannot offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. To complete your return, we require a receipt or proof of purchase.

Online, downloadable purchases such as stock programs or training plans are exempt from being returned or refunded.

There are certain situations where only partial refunds are granted:

    1) Any item not in its original condition, is damaged or missing parts for reasons not due to our error;
    2) Any item that is returned more than 30 days after delivery.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment.

If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you have done all of this and you still have not received your refund yet, please contact us at simon@fortitudepc.com.

Sale items. Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges. We only replace items if they are defective or damaged.  If you need to exchange your item for the same item of a different size, send us an email at simon@fortitudepc.com and send your item to: 3203 Bardwell Road, Greensboro, NC, 27410, United States.

Shipping. To return your product, you should mail your product to: 3203 Bardwell Road, Greensboro, NC, 27410, United States. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item.

13.2 The cancellation of all sessions and services are covered by the following cancellation policy:

    1) A 24-hour notice is required for the cancellation or re-scheduling of an initial consultation, in-person training session, or scheduled video call. If 24-hour notice is not given, initial consultations are billed at 50% of the purchase price, in-person training sessions are billed at 100% of the purchase price, and video calls will contribute to any call quota agreed upon within a purchased program with FPC being under no obligation to re-schedule the call;   
    2) A 30-day notice is required for the termination of online coaching services due to the time spent programming sessions in advance and the cost of a Training Peaks™ account. If 30-day notice is not given, one additional month of coaching services will be billed at 100% of the previous month’s rate (i.e. you will have to pay for the upcoming month that you wish to cancel).

14.1 These Terms of Use shall be governed by the laws of the State of North Carolina and the applicable federal laws of the United States of America.  All disputes arising under, or in any way connected with the use of the Web site, or the use of the Materials available through this Web Site, shall be litigated exclusively in the state and federal courts residing in the State of North Carolina, and in no other court or jurisdiction.  You hereby submit to the jurisdiction of the state and federal courts sitting in the State of North Carolina.

15.1 If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. You agree that any dispute regarding these Terms will be first tendered by the parties to a member of The American Arbitration Association for resolution prior to filing any lawsuit. You also agree, failing a successful arbitration effort, any suit to be tendered will be filed in and under the laws of the State of North Carolina.

16.1 Unless otherwise expressed, FPC expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, the warranty of title, fitness for a particular purpose, and non-infringement of third parties’ rights. As some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, in such states, our liability shall be limited to the greatest extent permitted by law.

17.1 You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms and conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  The Web site is not intended for children under the age of thirteen (13).  If you are under 13 years of age, then please do not use the Web site and exit now.

18.1 You have read all sections and subsections of these Terms, fully understand the terms and conditions laid out within, and understand that you are giving up substantial rights, including your right to sue.  You acknowledge that you are agreeing to these terms and conditions freely and voluntarily, and intend by purchasing Materials, online coaching, or continuing to use the Web site to be a complete and unconditional release of all liability to the greatest extent allowed by law.

19.1 If you have any questions or comments about these Terms of Use as outlined above or about this Web site or become aware of misuse of the Web site by any person, please contact us at simon@fortitudepc.com.