Terms and Conditions
Website owner, the offering, and binding of Terms
This website is owned and operated by Mark Fitness Coaching and its employees. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors resources, mentoring, tutoring, coaching those studying for their personal trainer exam, and personal training services. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
Who can use your website; what are the requirements to create an account
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Key commercial terms offered to customers
When buying an item or service, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item or service when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.
Mark Fitness Coaching is not directly affiliated or partnered with any other organization. Mark Fitness Coaching may utilize various social media and information from various organizations but is not directly partnered or affiliated with any other organization unless directly specified or noted.
Included with purchases
Be sure to read the event policies for each event prior to purchasing. Purchases of study sessions, 1-on-1 sessions, and/or workshops include admission for the purchaser only to the Zoom (or whichever electronic platform is being used) session. It does not include any other service or product than the specific workshop(s) or specific study session(s) purchased. Be sure to read all event policies before registering for an event.
Return and refund policy
All sales are final, no refunds will be given. Refunds are only given only if the host/presenter cancels the workshop or services purchased. If services are canceled by the host or presenter, a credit will be given for the paid services not used. All credits may be used towards an upcoming workshop or exam small study group or similar service and the time limit for the credits are 30 days from the date of purchase. Services purchased and not used due to the purchaser not attending the session(s) purchased (for any reason) are considered used and refunds of any type will not be given. Please double-check event/workshop date(s), time(s), and time zone as there are NO refunds given if the purchaser/registrant cannot attend the scheduled session(s) for any reason. Refunds in the form of equal credit towards a workshop or study session within 30 days of the original purchase will be given ONLY if the host cancels the workshop.
Workshop, event, and study session registrations are NOT transferable to another person(s).
Retention of the right to change offers
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Ownership of intellectual property, copyrights, and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Mark Fitness Coaching (www.MarkFitnessCoaching.com). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed on the website.
Right to suspend or cancel the user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
You agree to indemnify and hold Mark Fitness Coaching and Mark Aquino harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Mark Fitness Coaching and Mark Aquino, be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Mark Fitness Coaching and Mark Aquino assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States of America and New York State, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Western New York and the town/city that Mark Fitness Coaching and Mark Aquino reside within. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.