SITE DISCLAIMER
WELCOME TO PROFORMAPP.COM! BEFORE USING THIS WEBSITE YOU SHOULD HAVE THOROUGHLY READ AND AGREED TO THE TERMS AND CONDITIONS BELOW. BY USING THIS SITE, YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS BELOW. THE TERMS AND CONDITIONS MAY BE SUBJECT TO CHANGE AND ALL PAID MEMBERS WILL BE NOTIFIED PRIOR TO ANY SIGNIFICANT CHANGES TO OUR POLICIES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
In addition, when you use any current or future Proformapp.com products, services, content, or other materials, you will also be subject to the Organization Terms of Service (the “Organization Terms”) governing your use of Proformapp.com’s services.
1. PRIVACY
Please review Proformapp.com’s Privacy Policy, which also governs your visit to the Proformapp.com Site, to understand Proformapp.com’s practices with respect to your personal information.
2. ELECTRONIC COMMUNICATIONS
When you visit the Proformapp.com Site or send emails, feedback, or chats to Proformapp.com, you are communicating with Proformapp.com electronically. You consent to receive communications from Proformapp.com electronically. Proformapp.com will communicate with you by email or by posting notices on the Proformapp.com Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any feedback you provide at this Proformapp.com Site will be deemed non-confidential. Proformapp.com will be free to use such feedback on an unrestricted basis.
3. PROFORMAPP.COM INTELLECTUAL PROPERTY
The Proformapp.com Site and the Proformapp.com products and services available on or through the Proformapp.com Site, as well as all content included on the Proformapp.com Site, such as text, graphics, logos, button icons, images, audio clips, video, digital downloads, data compilations, and software, (together, “ Proformapp.com Intellectual Property”) are the property of Proformapp.com or its content providers and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws. Without limiting the foregoing, Agile Sports Technologies, Proformapp.com, the Proformapp.com logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Proformapp.com, protected under U.S. and international law, and may not be used without Proformapp.com’s prior written permission. Other parties’ trademarks used, depicted, or identified on the Proformapp.com Site are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on the Proformapp.com Site of the trademark(s) (including, but not limited to, names and logos) of any other party is not intended to imply Proformapp.com’s affiliation with or endorsement of that party, or that party’s sponsorship or endorsement of Proformapp.com and their products or services.
4. LICENSE AND SITE ACCESS
4.1. Proformapp.com grants you a limited license to access and make personal use of the Proformapp.com Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Proformapp.com. This license does not include any resale or commercial use of the Proformapp.com Site or its contents; any derivative use of the Proformapp.com Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Proformapp.com in a separate license, your right to use any software, data, documentation, or other materials that you access or download through the Proformapp.com Site is subject to these Site Terms or, if you have a Proformapp.com account, the Organization Terms.
4.2. The Proformapp.com Site or any portion of the Proformapp.com Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Proformapp.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Proformapp.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing Proformapp.com’s name or trademarks without the express written consent of Proformapp.com. Any unauthorized use terminates the permission or license granted by Proformapp.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Proformapp.com Site, so long as the link does not portray Proformapp.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Proformapp.com logo or other proprietary graphic or trademark as part of the link without express written permission of Proformapp.com.
4.3. Proformapp.com reserves the right to withdraw or amend the Proformapp.com Site, and any service or material we provide on the Proformapp.com Site, in Proformapp.com’s sole discretion without notice. Proformapp.com will not be liable if for any reason all or any part of the Proformapp.com Site is unavailable at any time or for any period. From time to time, Proformapp.com may restrict access to some parts of the Proformapp.com Site, or the entire Proformapp.com Site, to users, including registered users. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works of the Proformapp.com Site or any portion of the Proformapp.com Site.
4.4. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Proformapp.com Site in breach of the Site Terms, your right to use the Proformapp.com Site will stop immediately and you must, at Proformapp.com’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Proformapp.com Site or any content on the Proformapp.com Site is transferred to you, and all rights not expressly granted are reserved by Proformapp.com (or its licensors). Any use of the Proformapp.com Site not expressly permitted by these Site Terms is a breach of these Site Terms and may violate copyright, trademark, and other laws.
5. ACCEPTABLE USE POLICY
By accessing the Proformapp.com Site, you agree to comply with Proformapp.com’s Acceptable Use Policy.
6. LINKS TO OTHER SITES
The Proformapp.com Site contains links to web sites not operated or maintained by Proformapp.com. These links are provided solely as a convenience to you and not as an endorsement by Proformapp.com of the contents of such third party web sites. Proformapp.com is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third party web sites, you do so at your own risk, and waive any and all claims against Proformapp.com regarding the inclusion of links to outside web sites or your use of those web sites.
By using functionality available on the Proformapp.com Site that facilitates livestreaming through YouTube, you agree to be bound by YouTube’s Terms of Service ( https://www.youtube.com/t/terms).
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PROFORMAPP.COM SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PROFORMAPP.COM SITE ARE PROVIDED BY PROFORMAPP.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROFORMAPP.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PROFORMAPP.COM SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PROFORMAPP.COM SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PROFORMAPP.COM SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROFORMAPP.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. PROFORMAPP.COM DOES NOT WARRANT THAT THIS PROFORMAPP.COM SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PROFORMAPP.COM SITE; ITS SERVERS; OR E-MAIL SENT FROM PROFORMAPP.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROFORMAPP.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PROFORMAPP.COM SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PROFORMAPP.COM SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
8. APPLICABLE LAW
By visiting the Proformapp.com Site, you agree that the laws of the state of Missouri, without regard to principles of conflict of laws and not including any provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods, will govern these Site Terms and any dispute of any sort that may arise between you and Proformapp.com.
9. DISPUTES
Any dispute relating in any way to your visit to the Proformapp.com Site or to services provided by Proformapp.com or through the Proformapp.com Site shall be adjudicated exclusively in the District Courts of the State of Missouri in St. Louis County or the Federal District Court of the District of Missouri (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, Proformapp.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief.
10. NCAA REGULATIONS/OTHER REGULATIONS
Proformapp.com is in no way affiliated with or sponsored by the NCAA. You are responsible for your own activities in connection with the Proformapp.com Site, including your use of any Proformapp.com products or services. Accordingly, you are responsible for knowing and complying with the NCAA’s rules, regulations, and laws or other similar rules, regulations, and laws (collectively, “ NCAA Regulations”). Proformapp.com is not responsible if you do not abide by NCAA Regulations (or any other similar rules or regulations) in connection with your use of the Proformapp.com Site, and/or any Proformapp.com products or services. If you act in violation of the NCAA Regulations, Proformapp.com may take reasonable steps in response, including, but not limited to, termination of your access to and use of the Proformapp.com Site and/or reporting of such conduct to the NCAA, the authorities, or other appropriate entity. Proformapp.com does not knowingly promote any violations of NCAA Regulations (or any other similar rules or regulations).
11. MODIFICATION, SEVERABILITY, WAIVER, ASSIGNMENT, AND ENTIRE AGREEMENT
11.1. Proformapp.com reserves the right to make changes to the Proformapp.com Site, policies, and these Site Terms at any time. By continuing to use or access the Proformapp.com Site after these Site Terms have changed, you indicate your agreement to the revised Site Terms. If you do not agree to the changes, you should stop using or accessing the Proformapp.com Site.
11.2. Should any provision of these Site Terms be found unenforceable, wherever possible this will not affect any other provision, and each will remain in full force and effect. Proformapp.com’s failure to expressly enforce any provision of these Site Terms does not waive its rights to enforce that or any other provision.
11.3. Proformapp.com may assign, transfer, or delegate these Site Terms or any right or obligation or remedy hereunder (in whole or in part) in its sole discretion. You may not assign, transfer, or delegate these Site Terms or any right or obligation or remedy hereunder (in whole or in part), without Proformapp.com’s prior written consent.
11.4. These Site Terms, Proformapp.com’s Privacy Policy, Proformapp.com’s Acceptable Use Policy, and any other agreement between you and Proformapp.com (including the Organization Terms, if applicable) constitute the sole and entire agreement between you and Proformapp.com regarding the Proformapp.com Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Proformapp.com Site.
12. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
The Acceptable Use Policy describes the procedure for making claims of copyright infringement.
14. OPERATOR
This website is operated by ERICBEISEL.COM, LLC. dba Proformapp.com, with a business address of 937 Oakmoor Dr., Fenton, MO 63026
Health Disclaimer:
ANY AND ALL INFORMATION CONTAINED ON THIS WEBSITE IS NOT INTENDED TO TAKE THE PLACE OF MEDICAL ADVICE FROM A HEALTH CARE PROFESSIONAL. BY USING THIS WEBSITE, YOU UNDERSTAND THAT PROFORMAPP.COM AND ALL AFFILIATES ARE NOT A HEALTHCARE PROFESSIONALS AND THAT EXERCISE, DIET AND HEALTH RELATED MATTERS VARY FROM PERSON TO PERSON. NOTHING ON THIS WEBSITE SHALL BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ANY ACTION WHATSOEVER WHICH IS TAKEN BASED ON THE CONTENTS OF THIS WEBSITE OR ANY OF ITS RELATED SITES, MATERIALS, PRODUCTS OR INFORMATION IS TO BE USED SOLELY AT YOUR OWN DISCRETION, RISK AND LIABILITY. YOU SHOULD ALWAYS CONSULT THE APPROPRIATE HEALTH PROFESSIONALS ON ANY MATTER THAT IS RELATED TO YOUR HEALTH AND WELL BEING BEFORE PROCEEDING WITH ANY ACTION PERTAINING TO HEALTH RELATED ISSUES. WHILE THE INFORMATION PROVIDED ON THIS WEBSITE IS BELIEVED TO BE ACCURATE, THIS WEBSITE ASSUMES NO LIABILITY FOR THE USE OR MISUSE OF INFORMATION AND PRODUCTS ON THIS WEBSITE.
IF YOU FAIL TO CONSULT THE APPROPRIATE HEALTH AUTHORITIES WITH RESPECT TO YOUR HEALTH CARE BEFORE ACTING ON OR USING ANY INFORMATION OR PRODUCTS FOUND ON THIS WEBSITE, PROFORMAPP.COM AND AFFILIATES WILL NOT BE RESPONSIBLE, NOR WILL THEY BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR THE USE OR MISUSE OF, THE INFORMATION ON THIS WEBSITE
Disclaimer of Warranty:
ALL CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SUBJECT TO THE FOREGOING, PROFORMAPP.COM DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL EXPRESS WARRANTIES EXCEPT THOSE EXPLICITLY MADE IN THESE TERMS AND CONDITIONS. PROFORMAPP.COM MAKES NO REPRESENTATION THAT THE INFORMATION OR CONTENT CONTAINED ON THIS WEBSITE, YOUR RESULTS IN USING THIS WEBSITE, OR THE SERVICE ITSELF WILL BE ACCURATE, VALID, RELIABLE, COMPLETE, TIMELY OR AVAILABLE OR THAT IT DOES NOT VIOLATE OR INFRINGE THE RIGHTS OF ANY THIRD PARTY. PROFORMAPP.COM DOES NOT WARRANT THAT THE CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, THEIR SERVERS, TEXT MESSAGES OR E-MAILS SENT FROM PROFORMAPP.COM WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL AGENTS OR COMPONENTS, SECURE OR TIMELY. PROFORMAPP.COM MAKES NO REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY SITE LINKED TO THIS WEBSITE.
THIS DISCLAIMER BY PROFORMAPP.COM IN NO WAY AFFECTS THE TERMS OF ANY MANUFACTURER’S OR THIRD PARTY SELLER’S WARRANTY, IF ANY, RELATED TO THE GOODS PURCHASED VIA THIS WEBSITE. TITLE TO GOODS AND MERCHANDISE IS RETAINED BY PROFORMAPP.COM UNTIL THE GOODS AND MERCHANDISE ARE PAID FOR BY THE PURCHASER AT WHICH TIME TITLE PASSES TO THE PURCHASER.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability:
YOU AGREE THAT, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS, NEITHER PROFORMAPP.COM NOR ITS AFFILIATES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS OF EACH SHALL BE LIABLE FOR, NOR SHALL YOU BE ENTITLED TO, ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE. THIS WAIVER OF LIABILITY APPLIES TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF PROFORMAPP.COM IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT OR PRODUCT LIABILITY OR OTHERWISE.
Membership:
WE DO NOT OFFER REFUNDS DUE TO THE EXCLUSIVITY OFFERED TO OUR MEMBERS ON THIS SITE. REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION TO PROFORMAPP.COM. SERVICE BEGINS AS SOON AS YOUR PAYMENT IS PROCESSED. YOUR SUBSCRIPTION WILL CONTINUE WITHOUT RENEWAL NOTICE UNTIL YOU CANCEL. IN THE EVENT YOU WISH TO CANCEL YOUR MEMBERSHIP, YOU MUST DO SO PRIOR TO 7-DAYS OF YOUR NEXT BILLING CYCLE. IF YOU FAIL TO DO SO, YOUR ACCOUNT WILL AUTOMATICALLY RENEW AND YOU WILL BE RESPONSIBLE FOR THE FULL MEMBERSHIP FEE WITH NO REFUND. IN A SUCH CIRCUMSTANCE, YOU WILL CONTINUE TO HAVE ACCESS TO YOUR MEMBERSHIP UNTIL THE END OF YOUR BILLING CYCLE.
Private Training:
ERIC BEISEL, STAFF AND/OR PROFORMAPP.COM DOES NOT ASSUME ANY LIABILITY FOR ANY EVENT THAT HAPPENS WITHIN THE SCOPPE OF A PRIVATE TRAINING SESSION. CLIENT MUST ASSUME ALL RISK THAT AT ANY TIME DURING A TRAINING SESSION, A CLIENT WILL BE ASKED TO PERFORM ADVANCED EXERCISES AND TECHNIQUES INCLUDING BUT NOT LIMITED TO SPRINTING, JUMPING, HEAVY LIFTING, THRUSTING, INCREASED HEART-RATE AND MORE. YOU SHOULD CONSULT A DOCTOR OR REGISTERED PHYSICIAN PRIOR TO BOOKING A PRIVATE TRAINING SESSION. BY BOOKING, YOU ASSUME ALL RISK INCLUDING BUT NOT LIMITED TO INJURY, HEART-ATTACK AND/OR DEATH.
Refunds and Cancellations (Pvt Training):
WE DO NOT OFFER REFUNDS FOR CLIENT CANCELLATIONS FOR SCHEDULED PRIVATE TRAINING SESSIONS WITHIN 24-HOURS OF THE SCHEDULED APPOINTMENT. PLEASE BE COURTEOUS OF THE TIME INVOLVED PREPARING, PROGRAMMING AND SCHEDULING FOR YOUR PRIVATE SESSION. SHOULD THE SESSION BE CANCELLED DUE TO SEVERE WEATHER CONDITIONS OR UNFORESEEN EVENTS, A REFUND WILL BE GRANTED OR THE SESSION WILL BE RESCHEDULED.
Consent:
BY ACCESSING, BROWSING AND/OR USING PROFORMAPP.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS AND CONDITIONS OF THIS WEBSITE AND THAT YOU ALSO AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS, BROWSE, OR USE THIS WEBSITE.
Representation:
BY ACCESSING AND USING PROFORMAPP.COM, YOU REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER OR HAVE PERMISSION FROM A PARENT OR GUARDIAN 18 YEARS OR OLDER AND THAT YOU ARE NOT PREGNANT, BREAST FEEDING, HAVE AN EATING DISORDER, OR ANY CONDITION THAT REQUIRES YOU TO HAVE A SPECIAL DIET AND/OR PHYSICAL THERAPY. THIS WEBSITE IS NOT SOLICITING TO MINORS UNDER THE AGE OF 18, AND ALSO TO THOSE UNDER ANY LEGAL OR DISABILITY WHICH LIMITS YOUR ABILITY TO COMPLY WITH THESE TERMS.
Updated: November 28th, 2022