Terms

USER AGREEMENT

Last Updated on January 10, 2024

Neighborhood Trainers LLC (“NTLLC” or “we”) provides the website www.neighborhoodtrainers.com and www.neighborhoodtrainer.com (the “Website”) as an online venue through which fitness professionals and fitness facilities (“Fitness Providers”) are able to post promotional profiles and communicate with clients and potential clients. Persons other than Fitness Providers (“You”) may use this Website to find and communicate with local Fitness Providers whose posted profiles are of interest (collectively, “Services”).

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE WEBSITE OR THE SERVICES. YOUR USE OF THE WEBSITE OR THE SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF ALL TERMS AND CONDITIONS SET FORTH IN THIS USER AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE OR THE SERVICES.

1. Minimum Age

If you are under the age of eighteen (18), you are prohibited from using the Website or the Services.

1. Account Security

We will assign you a User ID and Password to enable you to use this Website’s email platform. Your User ID and Password may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your User ID and Password and are fully responsible for all activities that occur under your User ID and Password.

1. Limited License

Subject to these Terms, NTLLC hereby grants you a limited, non-exclusive right to access the Website, its content and materials for the sole purpose of using the Services. NTLCC retains ownership of all intellectual property rights in all aspects of the Website’s design and content. You acknowledge and agree that you will have no right to use, copy, display, perform, create derivative works from, distribute, transmit or sublicense materials or content available on the Website, except as expressly set authorized in these Terms.

1. Prohibited Conduct

In your use of the Website and Services, you may not: (a) Infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party, or submit content that is harassing, obscene, threatening, defamatory, or otherwise inappropriate; (b) disrupt or interfere with the security or use of the Website or any websites linked to the Website; (c) interfere with or damage the Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (d) impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) us, or use a false identity; (e) attempt to obtain unauthorized access to the Website; (f) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (g) collect or use information about other users of the Website without their or our express written consent; (h) submit false or misleading information to us; (i) violate any law, rule, or regulation; (j) engage in any activity that interferes with any third party’s ability to use or enjoy the Website; or (k) assist or encourage any third party in engaging in any activity prohibited by these Terms.

1. Fitness Providers

Fitness Providers pay subscription fees to NTLLC for the privilege of including promotional profiles on this Website and to have the ability to communicate with clients and potential clients through the Website’s email platform. (Click here to see a copy of NTLLC’s Subscription Agreement with Fitness Providers.) As a user or potential user of services offered by Fitness Providers, you may use this Website and the Services without charge.

NTLLC does not guarantee the truthfulness or accuracy of information about a given Fitness Provider that appears in the promotional profiles or otherwise on this Website. We do not guarantee the integrity, quality or appropriateness of any of the listed Fitness Providers.

You acknowledge that this Website is simply a passive conduit and an interactive computer service provider for the publication and distribution of promotional profiles posted by Fitness Providers. You understand that NTLCC does not control and is not responsible for the content of any information contained on the Website about the listed Fitness Providers. You agree that you must evaluate and make your own judgment, and bear all risks associated with, your decision to work with any given Fitness Provider listed on this Website.

You further acknowledge that NTLCC exercises no control over the quality of services provided by Fitness Providers, and that NTLCC has no obligation to screen, preview, monitor, or approve the quality of services provided by Fitness Providers.

1. Privacy Policy

NTLLC has established a privacy policy to explain to you and others how your personal information is collected and used. This privacy policy is located at ______________ [insert link].

1. Term and Termination

We will have the right to terminate your access to the Website and/or the Services if we believe you have breached any of the terms of this Agreement or for any other reason authorized by law. Following termination, you will not be permitted to use the Website or the Services.

1. Modification of Terms and Conditions

We will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on the Website. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Service.

1. Modification, Limitation and Discontinuance of the Services

We reserve the right at any time to limit access to, modify, change or discontinue the Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of the Service. You agree that NTLLC will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that NTLLC may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service.

1. Delays

The Website and Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. NTLLC is not responsible for any delays, failures or other damage resulting from such problems.

1. Warranty Disclaimer

THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE WEBSITE OR SERVICES.

NTLLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY:

1. 1. RELATING TO THE QUALIFICATIONS, SUITABILITY, OR CONDUCT OF THE FITNESS PROVIDERS INDENTIFIED IN THIS WEBSITE;
  2. RELATING TO ANY ERROR CONTAINED IN THE WEBSITE AND SERVICES;
  3. THAT THE SERVICES WILL MEET YOUR REQUIREMENTS,
  4. THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR
  5. THAT CONTENT OR INFORMATION YOU PROVIDE TO US WILL NOT BE DISCLOSED.

In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.

1. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LTLLC AND ITS PRINCIPALS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LTLLC ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM:

1. 1. THE USE OR INABILITY TO ACCESS THIS WEBSITE OR USE THE SERVICES;
  2. THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE;
  3. DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT;
  4. CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES;
  5. STATEMENTS OR CONDUCT OF ANY FITNESS PROVIDER;
  6. ANY OTHER MATTER RELATING TO THE SERVICES;
  7. ANY BREACH OF THIS AGREEMENT BY NTLLC OR THE FAILURE OF NTLLC TO PROVIDE THE SERVICES UNDER THIS AGREEMENT; OR
  8. ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY FITNESS PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

1. Indemnification

You agree to indemnify, defend and hold harmless NTLLC, its officers, managers, directors, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs, due to or arising from: (a) any violation of this Agreement by you; (b) your use of the Services; or (c) any violation of any rights of another or harm you may have caused to another. NTLLC will have sole control of the defense of any such damage or claim.

1. Notice

You agree that NTLLC may communicate any notices to you under this Agreement, through email, regular mail or posting the notices on the Website. All notices to us will be provided by either sending: (i) an email to gd@neighborhoodtrainers.com; or (ii) a letter, first class certified mail, to Neighborhood Trainers LLC, 247 West 87th Street, 11D, New York, New York 10024. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

1. Entire Agreement

This Agreement governs your use of Website and the Services and constitutes the entire agreement between you and NTLLC. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and NTLLC regarding the subject matter contained in this Agreement.

1. Governing Law

This Agreement and the relationship between you and NTLLC will be governed by the laws of the State of New York, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in New York, New York and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that NTLLC may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Services or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

1. Miscellaneous

This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of NTLLC’s rights if NTLLC fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and NTLLC agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and NTLLC as a result of this Agreement or use of the Service.

SUBSCRIPTION AGREEMENT

Last Updated on January 10, 2024

Neighborhood Trainers LLC (“NTLLC” or “we”) provides the website www.neighborhoodtrainer.com (the “Website”) as an online venue through which fitness professionals and fitness facilities (“Fitness Providers” or “You”) are able to post promotional profiles and communicate with people who may wish to use their services (“Services”).

IN ORDER TO USE THIS WEBSITE AND THE SERVICES, FITNESS PROVIDERS MUST READ AND ACCEPT ALL TERMS AND CONDITIONS CONTAINED IN THIS SUBSCRIPTION AGREEMENT AND ANY DOCUMENTS REFERRED TO WITHIN THIS AGREEMENT (COLLECTIVELY, “TERMS”). YOUR ACCEPTANCE OF THE TERMS WILL CONSTITUTE A VALID AND BINDING CONTRACT BETWEEN YOU AND NTLCC.

1. Minimum Age

If you are under the age of eighteen (18), you are prohibited from using the Website or the Services.

1. Subscription Levels

We currently offer two levels of subscription. The “Premier Listing” subscription level provides Fitness Providers with the basic level of service outlined in the Website at http://www.neighborhoodtrainers.com/plan-choices/. The “Featured Listing” subscription level provides, in addition to this basic level of service, various additional benefits outlined in the Website at http://www.neighborhoodtrainers.com/trainers-area/plan-choices/.

1. Subscription Plans

We currently offer three different subscription plans. Regardless of the plan selected, all payments must be made through Chase Paymentech.

1. 1. Month-to-Month Subscription. We will provide access to the Website and Services for a term of one month, beginning on day of registration until the same date of the following month. You may not cancel the subscription during the term. We will enroll and charge you for an additional term of one month unless you cancel the Services before the end of the final day of the initial month-long term. We will enroll and charge you in similar fashion for successive terms of one month unless you cancel the Services before the final day of the initial month-long term preceding the month for which you wish to discontinue the subscription. For current subscription fees please go to http://www.neighborhoodtrainers.com/Plan-choices/.
  2. (Discontinued May 3, 2012)Annual Subscription (monthly payments). We will provide access to the Website and Services for a term of 12 months. We will charge your credit/debit card account on a monthly basis at the beginning of each month for 12 successive months. For current subscription fees please go to http://www.neighborhoodtrainers.com/Plan-choices/. You may cancel the subscription before the term has ended. In such event, we will charge a cancellation fee of U.S. $15, in the case of a cancelled Premier Listing and a cancellation fee U.S. $39, in the case of a cancelled Featured Listing. Provided you cancel your subscription on or before two days prior to your billing date, your cancellation will be effective as of the 1st day of the next month. Otherwise, your cancellation will become effective as of the 1st day of the month following the next month. At then end of the one year, the subscription will renew automatically under the current plan selected. You may also convert to an annual payment option if chosen. Also, after the initial agreement term is fulfilled. Neighborhood Trainers LLC reserves the right to adjust monthly once per calendar year by giving 30 days notice, via email and/ or USPS mail.
  3. 6 Month Subscription (one payment). We will provide access to the Website and Services for a term of 6 months. We will charge your credit/ debit card account the entire amount before the beginning of the term. For current subscription fees please go to http://www.neighborhoodtrainers.com/Plan-choices/. You may cancel your subscription before the term has ended, provided you cancel on or before the end of your 6 month subscription, your cancellation will become effective at the end of the 6th month. Otherwise your cancellation will become effective at the end of the following 6 month subscription. In the case of a cancelled Premier Listing, we will refund to you for each of the months remaining in the year-long term, less a cancellation fee of U.S. $29. In the case of a cancelled Featured Listing, we will refund to you for each of the months remaining in the year-long term, less a cancellation fee of U.S. $79. In the case of a cancelled Showcase Listing, we will refund to you for each of the months remaining in the year-long term, less a cancellation fee of U.S. $149. At then end of the 6 months, the subscription will renew automatically under the current plan selected. You may also convert to a monthly or annual payment option if chosen. Also, after the initial agreement term is fulfilled. Neighborhood Trainers LLC reserves the right to adjust monthly once per calendar year by giving 30 days notice, via email and/ or USPS mail.
  4. Annual Subscription (one payment). We will provide access to the Website and Services for a term of 12 months. We will charge your credit/ debit card account the entire amount before the beginning of the term. For current subscription fees please go to http://www.neighborhoodtrainers.com/Plan-Choices/. aspx .You may cancel your subscription before the term has ended. Provided you cancel on or before the 27th calendar day of a given month, your cancellation will become effective as of the next month. Otherwise your cancellation will become effective as of the month following the next month. In the case of a cancelled Premier Listing, we will refund to you for each of the months remaining in the year-long term, less a cancellation fee of U.S. $39. In the case of a cancelled Featured Listing, we will refund to you for each of the months remaining in the year-long term, less a cancellation fee of U.S. $99. In the case of a cancelled Showcase Listing, we will refund to you for each of the months remaining in the year-long term, less a cancellation fee of U.S. $199. At then end of the one year, the subscription will renew automatically under the current plan selected. You may also convert to a 6 month or monthly payment option if chosen. Also, after the initial agreement term is fulfilled. Neighborhood Trainers LLC reserves the right to adjust monthly once per calendar year by giving 30 days notice, via email and/ or USPS mail.
2. Account Security

We will assign you a User ID(s) and Password(s) to enable you to use this Website’s email platform. Your User ID and Password may only be used by Fitness Provider or its employees or authorized agents. Fitness Provider is solely responsible for maintaining and protecting the confidentiality of its assigned User ID(s) and Password(s) and is fully responsible for all activities that occur under its User ID(s) and Password(s).

1. Limited License

Subject to these Terms, NTLLC hereby grants Fitness Provider a limited, non-exclusive right to access the Website, its content and materials for the sole purpose of using the Services. NTLCC retains ownership of all intellectual property rights in all aspects of the Website’s design and content. Fitness Provider acknowledges and agrees that it will have no right to use, copy, display, perform, create derivative works from, distribute, transmit or sublicense materials or content available on the Website, except as expressly authorized in these Terms.

1. Prohibited Conduct

1. Privacy Policy

NTLLC has established a privacy policy to explain to you and others how your personal information is collected and used. This privacy policy is located at ______________ [insert link].

1. Term and Termination

Notwithstanding anything to the contrary contained herein, we will have the right to terminate Fitness Provider’s access to the Website and/or the Services if we believe that Fitness Provider has breached any of the terms of this Agreement or for any other reason authorized by law.

1. Modification, Limitation and Discontinuance of the Services

1. Delays

1. Warranties and Representations to NTLLC

Fitness Provider warrants and represents to NTLLC that all information which provides to NTLLC and/or posts on the Website will be factually complete and entirely accurate. Without limiting the scope of NTLLC’s termination right set forth above in paragraph 8, you acknowledge that NTLLC may terminate your access to the Website and Services if you breach this paragraph 10.

1. Warranty Disclaimer

1. 1. RELATING TO ANY ERROR CONTAINED IN THE WEBSITE AND SERVICES;
  2. THAT THE SERVICES WILL MEET YOUR REQUIREMENTS,
  3. THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR
  4. THAT CONTENT OR INFORMATION YOU PROVIDE TO US WILL NOT BE DISCLOSED.

In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.

1. Limitation of Liability

FITNESS PROVIDER EXPRESSLY UNDERSTANDS AND AGREES THAT NTLLC AND ITS PRINCIPALS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NTLLC ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM:

1. 1. THE USE OR INABILITY TO ACCESS THIS WEBSITE OR USE THE SERVICES;
  2. THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE;
  3. DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT;
  4. CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES;
  5. ANY OTHER MATTER RELATING TO THE SERVICES;
  6. ANY BREACH OF THIS AGREEMENT BY NTLLC OR THE FAILURE OF NTLLC TO PROVIDE THE SERVICES UNDER THIS AGREEMENT; OR

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

1. Indemnification

Fitness Provider agrees to indemnify, defend and hold harmless NTLLC, its officers, managers, directors, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs, due to or arising from: (a) any violation of this Subscription Agreement by Fitness Provider or any person affiliated with Subscription Provider; (b) Fitness Provider’s use of the Services; (c) any and all interactions between Fitness Provider (or, in the case of a Fitness Provider which is an organization, any trainer or other person holding himself out as being affiliated with Fitness Provider) and any client, customer, or user of the Website; and (d) any violation of any rights of another or physical injury caused by Fitness Provider or any trainer or other person holding himself out as being affiliated with Fitness Provider. NTLLC will have sole control of the defense of any such damage or claim.

1. Notice

Fitness Provider agrees that NTLLC may communicate any notices to you under this Agreement, through email, regular mail or posting the notices on the Website. All notices to us will be provided by either sending: (i) an email to gd@neighborhoodtrainers.com; or (ii) a letter, first class certified mail, to Neighborhood Trainers LLC, 340 East 80th Street, New York, New York 10075. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

1. Entire Agreement

1. Governing Law

1. Miscellaneous

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