TERMS OF USE – BRADLEY’S PERFORMANCE AND WELLNESS, LLC

(Effective: June 12, 2019)

Welcome to the website and app of BRADLEY’S PERFORMANCE AND WELLNESS, LLC (“BPW”), the health and fitness company of certified expert Bradley Lloyd.  BPW provides the information, services, products, apps, and programs offered through www.bradleyspw.com (collectively, “Online Services“) to you subject to the following User Agreement (“Terms of Use“), which may be amended as described below. The current Terms of Use will always be available for your review at Terms of Use. By accessing and using the Online Services, you agree to the posted Terms of Use.

Acceptance of Terms Through Use

By using the BPW Web site, www.bradleyspw.com (the “Site“), you agree to be bound by the Terms of Use. We may change the Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, please exit the Site immediately. You also agree to provide true, accurate, current and complete information about yourself as required by our registration forms and update that information to keep it accurate. You acknowledge and agree that our Online Services contain proprietary information that is protected by applicable intellectual property and other laws. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of our Online Services, access to our Online Services or any of the content accessible through our Online Services.

Description of Online Services

The BPW Online Services are provided for your information and entertainment. You understand and agree that our Online Services are intended for general reference purposes only and are not intended to address specific medical conditions. Furthermore, you understand and agree that our Online Services are provided “AS-IS” and that BPW assumes no responsibility for, among other things, any service outages or interruptions, the unavailability of particular features or services, and the inability to access all or part of our Online Services.

Permitted Use

You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us to do so. The content and software on this Site is the property of BPW and is protected by U.S. and international copyright laws. You also agree not to use our Online Services to:

  • violate or solicit the violation of any applicable local, state, national or international law;
  • infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights; and,
  • interfere with or disrupt our Online Services.

Furthermore, you agree that you will not use any automated device or process, such as a “bot” or a “spider,” to copy or extract information or content from our Online Services, except to use such information or content for purposes of listing our Online Services with a search engine or other service designed to direct users to the Site. You further agree that you will not copy, modify, or publicly display any information or content on the Site for use in any commercial manner, except to use such information or content for purposes of listing the Site in a search engine or other service directing users to our Site.

Important Note Regarding Information Related to Health

Our Online Services are not a substitute for professional medical advice or a medical exam. Prior to participating in any exercise program or activity, you should seek the advice of your physician or other qualified health professional. You agree that no health information provided by our Online Services will be used to diagnose, treat, cure or prevent any medical condition without consulting a licensed physician. Application or reliance on of the techniques, ideas, and suggestions accessed through our Online Services is at your sole discretion and risk.

Assumption of Risk and Release for Personal Fitness Training

ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including the use of BPW or other personal trainer (collectively, “Trainer”), or from your home or entering premises we utilize to conduct personal training or use any facility or equipment on said premises for any purpose, you do so at your own risk and assume all risks associated by any and all injury and/or damage you may incur or suffer, whether while engaging in physical exercise or not.

This includes injury or damage sustained while and/or resulting from using any premise or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of trainer(s), whether active or passive, or any of the Trainer’s affiliates, employees, agents, representatives, successors, and assignees.

Your assumption of risk includes, but is not limited to; your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas including but not limited to locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that may result in said use, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of trainer(s), your own or otherwise.

RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assignees) to release and discharge Trainer (and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assignees) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer(s), whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assignees. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.

INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Zach Moore Personal Training, “Trainer” from any loss, liability, damage, or cost Trainer(s) may incur due to the provision of personal training by Trainer to you.

ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of New York and that if any portion hereof is found to be invalid, it is agreed that the remainder of this agreement shall, notwithstanding, continue in full legal force and effect.

You acknowledge that BPW offers a service to clients encompassing the entire fitness spectrum. This release is not intended as an attempted release of claims of gross negligence or intentional acts.

You acknowledge that you have carefully read this waiver & release and hereby fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by utilizing the personal training services of Brad Lloyd (or other Trainer), you are giving up your right to bring a legal action or assert a claim against Trainer, for any negligence, or for any defective product used while receiving personal training from Trainer.

You attest that you have read and voluntarily agreed to this waiver and release and further agree that no oral representations, statements, or inducement apart from these Terms of Use have been made.

Limited License

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. BPW may change, suspend, or discontinue any aspect of the Site at any time. BPW may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in these Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

Children

Our Online Services are not designed for use by children. By using www.bradleyspw.com, or purchasing any of the Online Services offered here, you agree and warrant that you are 18 years old or older.

Violation of the Terms of Use

You understand and agree that in BPW’s sole discretion, and without prior notice, BPW may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if BPW believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of BPW, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to BPW for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. BPW may release user information about you if required by law or subpoena.

Copyright Policy

We may terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information or content to the Site, you warrant that the information or content does not infringe the copyrights or other rights of third parties.

Representations by You

By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

Accounts

During the registration process, if any, you may be asked to select a unique password for access to certain portions of the Site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Site, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of BPW, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify BPW at

with subject line “Web Account Misuse” of any potential unauthorized use(s) of your account, or breach of security.

You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that BPW in its sole discretion deems offensive.

License Granted by You

By providing content or information to us, including by submitting or uploading content or materials for use on the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

Advertising

The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.

Pricing and Other Errors on Our Site

BPW attempts to make sure that the information on this site is correct and complete.  However, BPW makes no representation that the information on the site is correct, complete or current. Unfortunately, errors may periodically occur.   If so, errors will be corrected where discovered, and BPW reserves the right to revoke any offer and correct any errors, inaccuracies or omissions, including after an order has been submitted (whether or not an order has been confirmed and your credit card charged, if applicable).  If the order is cancelled after you have been charged, BPW will issue a credit to your credit card account or bank account (for debit card transactions) in the amount of the charge.  See your individual bank’s policies as to when this amount will be credited to your account.  Prices and availability of products and services are subject to change without notice.

No Commercial Use

This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain BPW’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. BPW will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

Links and Search Results

The Site contains links to sites operated by third parties throughout the World Wide Web. BPW has no control over these sites or the content within them. BPW does not guarantee, represent or warrant that the content contained in any third-party sites is accurate, legal and/or inoffensive. BPW does not endorse the content of any third-party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against BPW for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at , with the subject line “Broken Links.”

Intellectual Property

You acknowledge that all content and materials available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by BPW or our licensors. Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use the Site or its contents as expressly permitted in these Terms of Use and for no other purpose. BPW, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited.

The trademarks, logos and service marks displayed on this Site are the property of BPW or other third parties. Users are not permitted to use trademarks, logos and service marks without prior written consent.

The BRAD LLOYD word, the BRAD LLOYD Corporate Logo, the BRAD LLOYD Design, and MOVE BETTER. FEEL BETTER. are trademarks or registered trademarks or service marks of BPW in the United States and other countries.

Digital Millennium Copyright Act (DMCA) Policy

If you are notifying BPW of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C. Section 512:

  • A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
  • A description of the allegedly infringing material and information sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
  • A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

Designated DMCA Agent for Notification of Claimed Copyright Infringement

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “WEBSITE CONTENT“) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER BPW, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL BPW, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Disputes

These Terms of Use and your relationship with BPW shall be governed by the laws of the State of New York without regard to New York’s conflict of law provisions. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the Online Services, the personal fitness services of Brad Lloyd or these Terms of Use, including any tort claim, shall be filed within one (1) year after such claim or cause of action arose or be forever barred. Furthermore, you and BPW agree that any claim arising out of or related to use of the Online Services, the personal fitness services of Brad Lloyd, or these Terms of Use, including any tort claim, shall be subject to final and binding arbitration submitted solely in the City of New York, New York, and governed by the Commercial Dispute Resolution Rules of the American Arbitration Association.

International Use

By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. BPW makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.

Contact Information

Our Online Services are offered by BPW, located in Brooklyn, New York. Any notices shall be given by certified mail to BPW at the address listed above for the Designated DMCA Agent.

Integration and Severability

These Terms of Use constitutes the entire agreement between BPW and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of the Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Headings

Section titles in the Term of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.