Terms of Service

Terms of Service

Introduction

By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of June 11, 2018.


We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

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 ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, payment info, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

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

c. Accessing (or attempting to access) any of our Resources 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 Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible 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.

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of J. Goodman Consulting Inc., and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

i. You agree to indemnify and hold harmless J. Goodman Consulting Inc. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Product: The PTDC Store


J. Goodman Consulting Inc. offers an ecommerce store providing various paid resources, including but not limited to books.

Payment

You agree to pay, and authorize J. Goodman Consulting Inc’s third party payment processor to charge using your selected payment method, for all applicable fees and taxes to use our Services or purchase our products. All fees are in US Dollars and are non-refundable except as required by law. J. Goodman Consulting Inc. is not responsible for charges, bank fees, or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us.

Money Back Guarantee and Refunds


For Clients of our PTDC store (excluding our Online Trainer Academy certification program and Fitness Marketing Monthly, which are covered by separate agreements) we will provide a refund under our 100% satisfaction guarantee. If you wish to receive a refund or have any questions about our money back guarantee, please contact us at admin@theptdc.com.

The OTC certification program also requires the completion of an exam online. A designation called Online Trainer Certification (OTC) is bestowed to the user upon successful application.

The Academy is preappproved for CECs/CEUs with some certifying bodies. Upon passing the test and graduating you will get your certificate in the mail. This certificate, along with the detailed guidelines we provide in our Continuing Education Credits Approval Information guide that you can access within our student member portal has everything that you need.

Note for Australian OTA students: Fitness Australia approve the education delivered within the Scope of Practice for Registered Exercise Professionals and have allocated CECs accordingly to this program. Fitness Australia however don’t recognize the title of becoming an Online Trainer as referred to within this program. You must be a registered Personal Trainer in order to attain Fitness Australia CECs.

OTA Payment


You agree to pay, and authorize J. Goodman Consulting Inc’s third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your payment plan to use our Services or purchase our products. All fees are in US Dollars and are non-refundable except as required by law. J. Goodman Consulting Inc. is not responsible for charges, bank fees, or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due.

OTA Money Back Guarantee and Refunds

For Clients of our Online Trainer Academy certification program, we will provide a refund if at least 75% of the program has been completed as denoted by submission of the 3 snapshot worksheets via the digital portal for modules 1, 2, and 3 within 90 days of original purchase. No refunds will be granted for any reason after 90 days post-purchase. A 10% restocking fee applies to all refunds based off of the full value of the order. In the event of a refund request that meets the above guidelines but has not yet been paid in full all future payments will be stopped and a complete refund of existing payments will be given minus the 10% restocking fee based off of the full value of the order had it been paid in full.

General Prohibitions and Acceptable Usage

You agree that you will not:

Access the membership area of the site corresponding to the Online Trainer Academy for any of these purposes:

FMM Cancellation, Money Back Guarantee and Refunds
Monthly Subscribers: For subscribers of Fitness Marketing Monthly, we will provide a 100% refund within 60 days of a new subscribers original subscription date. Subscribers are welcome to keep the bonus gifts in the event of a refund. After 60 days have passed, subscribers can cancel any time but will not be granted a refund for past time as a member.

Yearly / tri-yearly Subscribers: For subscribers of Fitness Marketing Monthly on a yearly or tri-yearly plan, we will provide a 100% refund within 60 days of a new subscribers original subscription date. Subscribers are welcome to keep the bonus gifts in the event of a refund. After 60 days have passed, subscribers can cancel any time and will receive the FMM service until the end of their prepaid period at which point the service will be cancelled.

Privacy


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 this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties


By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:



v) any content downloaded or otherwise obtained through the use of our Resources 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.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from J. Goodman Consulting Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability


In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. J. Goodman Consulting Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

All information stated on either the Personal Trainer Development Center, the PTDC store, OnlineTrainer.com, and the Online Trainer Academy is for informational purposes only and does not constitute medical advise. BY ACCESSING THIS SITE YOU HEREBY WAIVE J. GOODMAN CONSULTING INC. OF ALL POSSIBLE LIABILITY AND WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR ALL MEDICAL, HEALTH, LIFESTYLE, AND NUTRITION ADVICE BEFORE ACTING ON ANY INFORMATION FOUND OR INTERPRETED FROM THIS WEBSITE.

Termination of Use



You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. 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 Resources 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.

Governing Law


This website is controlled by J. Goodman Consulting Inc.. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Dispute Resolution and Governing Law



J. Goodman Consulting Inc. currently operates from Ontario, Canada. These Terms of Use shall be governed and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You agree that any claim or cause of action arising out of, or related to, your use of the Services and the Site shall be brought exclusively in the Superior Court of Justice, or for matters involving intellectual property, the Federal Court of Canada, located in Toronto, Ontario Canada. The language of any proceedings arising from these Terms of Use shall be in English.

If you choose to access and use our Services from another location, country or jurisdiction, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Nothing in these Terms of Use shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by these Terms of Use. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of these Terms of Use.

Regardless of any statute or law to the contrary, any claim or cause of action against J. Goodman Consulting Inc. arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you have a dispute with one or more of our other Clients, you release J. Goodman Consulting Inc. from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Contact Information


If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

a7mdsnog@gmail.com
Last updated June 11, 2018.

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