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TERMS OF USE AGREEMENT

Terms of Use Agreement Between User and Brian Donovan Fitness Online Personal Training Welcome to the Brian Donovan Fitness Online Personal Training Program™. Please read this Terms of Use Agreement carefully before accessing or using the Online Personal Training Program and nutritional information provided to you by Brian Donovan Fitness through this website, by email, or by video conferencing ("Communications"). By accessing or using the Communications, you agree to be bound by this Agreement. Brian Donovan Fitness provides the information and services in these Communications to you, the user, conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in this Agreement. Your visiting www.briandonovanfitnessonline.com, as well as your use of the Communications constitutes your agreement to all terms, conditions, and notices. Additionally, this Agreement applies to all information you have received through the Communications in the past. By registering for the Online Personal Training Program, you certify that you have received consent from your physician to participate in the programs, workouts, and exercises to be provided by Brian Donovan Fitness, in addition to agreeing to be bound by this Agreement. The terms in this Agreement may be amended or modified at any time. This Agreement, including any amendments or modifications will be accessible on this website (www.briandonovanfitnessonline.com). Your continued usage after any changes are posted constitutes acceptance of each revised provision of the Agreement. Billing Terms and Charges If you register for the Online Personal Training Program, the credit card provided at purchase will be charged the specified amount(s) for the selected program. From time to time, Brian Donovan Fitness may adjust the rates charged. You are responsible for all charges associated with connecting to the Brian Donovan Fitness website including without limitation, all telephone access lines and telephone and computer equipment necessary. Conduct and Usage You are required to conduct yourself in a manner that is not offensive or harassing to the Coach. Inappropriate language and/or behavior will result in the immediate termination of services. In such an event, You will forfeit all fees paid to Brian Donovan Fitness. Brian Donovan Fitness has the right to determine what is and is not grounds for termination. Privacy Policy Protecting your privacy is very important to Brian Donovan Fitness. Brian Donovan Fitness may collect the following types of information from users of  it’s Online Personal Training Program:??1. Demographic Information. Demographic Information is basic client information (name, e-mail, birth date, ZIP or postal code, etc.) collected and stored by Brian Donovan Fitness.?2. Fitness Profile. In order to use the Online Personal Training Program, you provide information about your fitness level, schedule, equipment, and other important variables.?3. Fitness Training Data. Fitness Training Data is the information and training records gathered over time from your training. Brian Donovan Fitness uses the information that you provide for the sole purpose of providing you with quality fitness training. Brian Donovan Fitness is the only party that uses your information. BRIAN DONOVAN FITNESS DOES NOT SELL ANY OF YOUR INFORMATION TO THIRD PARTIES. Security While Brian Donovan Fitness strives to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk. Once we receive your transmission, we take all reasonable efforts to ensure its security. Use of Submissions You grant us the right to use, reproduce, modify, distribute, and display any material, including your testimonials, that you supply or communicate to Brian Donovan Fitness for any purpose related to Brian Donovan Fitness's services. E-mail Communication to Users Brian Donovan Fitness will never send you SPAM (junk e-mail). We may send different types of communication to our users including but not limited to: 1. Personalized feedback and motivational messages.?2. General newsletters.?3. Special Offers. To remove yourself from the communication list please email customerservice@briandonovanfitness.com Disclosure of Information in Certain Circumstances Brian Donovan Fitness may disclose a user's personal information if disclosure is required by law. Links to Third Party Sites The Communications may contain hyperlinks to web sites operated by parties other than Brian Donovan Fitness. Such hyperlinks are provided for your reference only. Brian Donovan Fitness does not control such web sites, and is not responsible for their content. Inclusion of hyperlinks by Brian Donovan Fitness to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and your access to and use of such sites, including information, material, products and services therein, is solely at your own risk. Furthermore, because the Brian Donovan Fitness privacy policy is applicable only to Brian Donovan Fitness Communications, once linked to another web site, you should read that site's privacy policy before disclosing any personal information. Disclaimer Brian Donovan Fitness requires that you consult with your physician before following any training instructions you receive through the Communications. Brian Donovan Fitness is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. The Communications are not a prescription system and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury or death. Not all exercises are suitable for everyone. If you feel discomfort or pain, do not continue. You should never disregard medical advice or delay in seeking it because of something you see or read in the Communications. We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Communications. If you engage in any exercise program you receive through the Communications, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Brian Donovan Fitness from any and all claims or causes of action, known or unknown, arising out of Brian Donovan Fitness 's negligence. You agree to indemnify and hold harmless Brian Donovan Fitness for any loss, liability, claim, damage, and expenses (including reasonable attorney fees) arising from or in connection with your use of the information or services you receive through the Communication.??In consideration for obtaining the Communications and participating in activities to improve your current health situation that are suggested by Brian Donovan Fitness, you do waive, release and forever discharge Brian Donovan Fitness and its owners, principals, officers, directors, licensors, agents, employees, representatives, executors and all other suppliers from any and all responsibilities and liability for injuries or damages resulting from your use of the Communications including, without limitation, any advice, suggestions, or information provided by Brian Donovan Fitness. You understand and are aware that health changes can alter your life and that you are voluntarily participating in these activities with knowledge of the risks involved. You hereby agree to expressly assume and accept any and all responsibility for your activities associated with or arising out of your use of the Communications. You hereby further declare yourself to be physically and mentally sound and suffering from no condition, impairment, disease or infirmity or other illness that would prevent your participation in any programs or activities suggested by the coach. You assume all responsibility for your participation in any programs or activities recommended by Brian Donovan Fitness. You understand the risks of your participation in fitness altering activities that may be suggested, and you voluntarily choose to participate, assuming all risks due to your participation, whether such risks are known or unknown. While exercise programs do purvey many benefits upon the participants there are, as with many activities, some risks involved. These include but are not limited to muscular strain, skeletal dysfunction, cardio vascular dysfunction, heart attacks and even death. YOU MUST STOP ANY SESSION AT ANY TIME YOU FEEL UNWELL OR EXPERIENCE ANY PAIN AND INFORM YOUR PHYSICIAN AND BRIAN DONOVAN FITNESS BEFORE CONTINUING WITH ANY FURTHER EXCERISE PROGRAM.??Please ask your Brian Donovan Fitness Coach any questions you may have regarding your exercise program or specific activities. Your participation in your exercise program is voluntary and you are free to discontinue at any time. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE COMMUNICATIONS AND THE SERVICES OFFERED BY BRIAN DONOVAN FITNESS IS AT YOUR SOLE RISK. THE COMMUNICATIONS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRIAN DONOVAN FITNESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.??ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COMMUNICATIONS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRIAN DONOVAN FITNESS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE COMMUNICATIONS OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE COMMUNICATIONS OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE COMMUNICATIONS OR THE SERVICES PROVIDED BY BRIAN DONOVAN FITNESS. PLEASE NOTE: Brian Donovan Fitness reserves the right to refuse to provide services at its discretion.??Ownership; license grant; limitations on use You acknowledge that Brian Donovan Fitness has exclusive ownership in and to the intellectual property, trademarks, and material contained on the website and in the Communications. Subject to the terms and conditions in this Agreement, Brian Donovan Fitness hereby grants to you a revocable, nonexclusive, non-transferable, limited license, with no right to sublicense to (i.) Access and use licensed material from Brian Donovan Fitness servers for personal use only and not for commercial exploitation; and (ii.) Electronically display, obtain a printout, download, and copy of licensed material for personal use only and not for commercial exploitation. Limitations: A. You may not remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the licensed material. B. You may not reverse engineer, reverse assemble, decompile, or disassemble the licensed material or any part thereof. You may not copy, modify, distribute, translate, publish, display, disclose, rent, lease, loan, or create derivative works based on licensed material or any part thereof. C. No service bureau work or time-sharing arrangement is permitted. "Intellectual property" means any and all patents, trade secrets, copyrights, trademarks, moral rights, know-how, inventions, processes, algorithms related to licensed material. "Licensed material" means all files and data that support the same, and content and information made available through the Communications. Copyrights The Communications contain copyrighted material. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Brian Donovan Fitness owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content available on or through the Communications, except as otherwise expressly permitted under copyright law or with the express permission of Brian Donovan Fitness and the copyright owner. Brian Donovan Fitness assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material in the Communications. While Brian Donovan Fitness strives to keep the information on the website and in Communications accurate, complete and up-to-date, Brian Donovan Fitness and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. Governing Law The laws of the People of Illinois shall govern this Agreement. Any controversy, claim, action or suit ("Actions") arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts of the People of Illinois, and all such Actions commenced by either Brian Donovan Fitness or you shall be commenced in the courts of the People of Illinois. Severability The provisions of this Agreement are severable and if any of these provisions shall be held unconstitutional or unenforceable by any court of competent jurisdiction, the decision and such court shall not impair any of the remaining provisions. Entire Agreement This Agreement contained the entire Agreement of the parties. No prior or contemporaneous understanding, written or oral statement, promise or inducement was made by any party, which is not contained herein. This Agreement shall not be modified, altered or amended except in writing signed by the parties.

   

Kick Start Plan ($149 / Month)

  • Personalized Workout Program 
  • Access To Over 270 Video Demonstrations
  • Direct Messaging With Coach Brian
  • Progress Tracking Tools

Fitness Quest Plan ($199 / Month)

  • Personalized Workout Program 
  • Access To Over 270 Video Demonstrations
  • Direct Messaging With Coach Brian
  • Progress Tracking Tools
  • Customized Meal Plans

Pro Pack Plan ($249 / Month)

  • Personalized Workout Program 
  • Access To Over 270 Video Demonstrations
  • Direct Messaging With Coach Brian
  • Progress Tracking Tools
  • Customized Nutrition Guide
  • Daily Maintainable Habit Email Reminders
  • 12-Month Science & Research-Based Nutrition Program
  • Nutritional Analysis And Guidance
  • Weekly Skype / FaceTime Call
  • Unlimited Email Support

Nutrition Coaching ($149 / Month)

  • Customized Nutrition Guide
  • Daily Maintainable Habit Email Reminders
  • 12-Month Science & Research-Based Nutrition Program
  • Nutritional Analysis And Guidance
  • Direct Messaging With Coach Brian
  • Progress Tracking Tools
  • Unlimited Email Support