Terms of Use

THIS IS A BINDING LEGAL CONTRACT.  EACH USER (AS DEFINED HEREIN) SHOULD CAREFULLY READ THESE TERMS OF USE (“TERMS OF USE”) BEFORE USING, VIEWING OR ACCESSING THIS WEBSITE, NEWSLETTERS AND PAID SERVICES, INCLUDING BUT NOT LIMITED TO ANY DOWNLOADABLE, PRINTED, STREAMING, AND EMAILED CONTENT CONTAINED THEREIN OR PROVIDED IN CONNECTION THERWITH (collectively the “Services”).  THE USER AGREES TO BE BOUND BY THESE TERMS OF USE, AND BE LIABLE TO PRE-SCRIPT LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (THE “COMPANY”), FOR ANY NONCOMPLIANCE WITH THESE TERMS OF USE.  IF THE USER DOES NOT AGREE TO THESE TERMS OF USE, USER SHOULD CLOSE THE WINDOW OR TAB FOR PRE-SCRIPT.COM AND NOT USE THE WEBSITE OR APP.

 

1.  Services.

a.  Complimentary Services: Company provides access to content including but not limited to information provided on its website, located at www.pre-script.com (the “Website”) and newsletters (“Newsletters”).

b.  “Paid Services:”

i.  Each “Subscription Membership Program” is a multi-week program available through the Company’s app portal (“Pre-Script App Portal” or “App”) conditioned on a Subscriber’s payment of the applicable monthly fee (“Monthly Fee”). RX’D Programming has no minimum commitment to subscribe; subscriber can cancel at any time. The following Subscription Membership Programs have a minimum commitment of three (3) months: PL, WL; the HYPER program has a minimum commitment of four (4) months.

ii.  Each “Corrective Membership Program” is a short-term program available through the Pre-Script App Portal conditioned on a Subscriber’s payment of the applicable flat fee (“Flat Fee”).

iii.  The “Pre-Script Certification Program” is a streaming certification class conditioned on a Student’s payment of the applicable fee.

iv.  The “Pre-Script Certification Seminar” is an in-person certification class conditioned on a Student’s payment of the applicable fee.

v. The “GoodLife Fitness Courses” are Pre-Script-created streaming  GoodLife Personal Training Institute (GLPTI) certification seminars for GoodLife Fitness Staff Members conditioned on the GoodLife Fitness Staff Member’s payment of the applicable fee.

vi.  The “GoodLife Fitness Seminar” are Pre-Script-created in-person GoodLife Personal Training Institute (GLPTI) certification seminars for GoodLife Fitness Staff Members conditioned on the GoodLife Fitness Staff Member’s payment of the applicable fee.

 2.  Users. The users consist of the following roles (collectively the “Users,” and each individually a “User”):

a.  A “Viewer” may view publicly available content on the Website such as the blog or general information about Pre-Script and its programs.

b.  A “Reader” is an individual that has opted-in to receive content such as Newsletters from Pre-Script via email or other means of communication.

c.  A “Subscriber” is an individual that purchases a Subscription Membership Program or Corrective Membership Program.

d. A “Student” is an individual that participates in a Pre-Script Certification Program or Pre-Script Certification Seminar.

e.  A “GoodLife Fitness Staff Member” is an individual that participates in GoodLife Fitness Courses or a GoodLife Fitness Seminar.

3.  License.

a.  The Company hereby grants to Users a revocable, limited, non-assignable, non-sublicensable, nonexclusive license for the duration of User’s current viewing session to access, view and use the Website subject to the limitations set forth in these Terms of Use.

b.  The Company hereby grants to Reader a revocable, limited, non-assignable, non-sublicensable, nonexclusive license to receive Newsletters and other Company content subject to the limitations set forth in these Terms of Use.

c.  The Company hereby grants to Corrective Membership Program Subscriber, for a period of three (3) months beginning on the date of purchase,  a revocable, limited, non-assignable, non-sublicensable, nonexclusive license to be added as a member to the Company’s private Facebook page, and to use the Pre-Script App Portal to use and access Corrective Membership Program content subject to the limitations set forth in these Terms of Use. 

d.  The Company hereby grants to Subscription Membership Program Subscriber, for a period beginning on the date of purchase and expiring automatically at the end of the paid term, a revocable, limited, non-assignable, non-sublicensable, nonexclusive license be added as a member to the Company’s private Facebook page and to use the Pre-Script App Portal, to use and access Subscription Membership Program content subject to the limitations set forth in these Terms of Use. 

e.  The Company hereby grants to Student, for a period beginning on the date of purchase and expiring automatically at the end of the last scheduled lesson, a revocable, limited, non-assignable, non-sublicensable, nonexclusive license to be added as a member to the Company’s private Facebook page and to access and use the Pre-Script Certification Program or Pre-Script Certification Seminar lessons and associated documentation subject to the limitations set forth in these Terms of Use.

f.  The Company hereby grants to each GoodLife Fitness Staff Member, for a period beginning on the date of the first streaming or in-person class of each GoodLife Fitness Course or GoodLife Fitness Seminar, a perpetual, revocable, limited, non-assignable, non-sublicensable, nonexclusive license to participate in the applicable GoodLife Fitness Course or GoodLife Fitness Seminar and receive the related Pre-Script created materials provided in connection therewith.

g.  The licenses granted in subsections (a)-(f) above may be terminated immediately and without notice by the Company.  All rights not expressly granted in these Terms of Use are reserved.  User agrees that the license granted in these Terms of Use is personal to User, and User may not assign or transfer any license granted under these Terms of Use, or transfer any rights or delegate any duties under these Terms of Use, to any third party.  Any attempt to assign, transfer, or delegate any of User’s rights, duties, or obligations under these Terms of Use shall be void.  User shall indemnify and hold Company harmless for any unauthorized use of the Services, including but not limited to violations of the provisions of Section 7(a) herein.

4.  Limitations. 

a.  You must be at least eighteen (18) years old to access the Services.  If you are not at least eighteen years old, you are not permitted to access the Services for any reason.  User may not circumvent any technological measures or features of the Services that are intended to or effectively control access to the Services, or any other protected content or information included in the Services. 

b.  The Website may contain robot exclusion headers.  User agrees to not use any robot, spider, crawler, scraper or other automated means to access the Website for any purpose without the Company’s express prior written consent. 

c.  User further agrees to not interfere or attempt to interfere with the proper working of the Website or App or any activities conducted on the Website or App. 

d.  The Company reserves the right to refuse the use of or access to any Company Services for any User for any reason in the Company’s sole discretion.

5.  Payment and Refund of Fees.

a.  Subscription Membership Program. Upon purchase, Subscribers of the Subscription Membership Program shall be billed a Monthly Fee according to the rates published on the Website. Thereafter, the Subscriber shall be automatically billed the Monthly Fee on a monthly basis until termination. For the purpose of clarification, where Subscriber attempts to terminate prior to its third payment, Company may charge Subscriber for the remainder due in connection with the three (3) month or four (4) month minimum term.

b.  Corrective Membership Program. Upon purchase, Subscribers of the Corrective Membership Program shall be billed a Flat Fee according to the rates published on the Website. No additional fees will be billed.

c.  Pre-Script Certification Program. Upon purchase, Students participating in the Pre-Script Certification Program or Pre-Script Certification Seminar shall be billed in four (4) equal monthly installments according to the rates published on the Website.

d.  GoodLife Fitness Courses.  Upon purchase, GoodLife Fitness Staff Members participating in the GoodLife Fitness Courses or GoodLife Fitness Seminars shall be billed a Flat Fee according to the rates published on the Website. No additional fees will be billed.

e.  Changes in Subscription Membership Program Rates.  Following the third month of your Subscription Membership Program subscription, the Company may increase the Monthly Fee due in connection with your Subscription Membership Program by providing thirty (30) days’ notice. 

f.  Refunds.  Except for (a) Company’s agreement to refund (i) 100% of the cost of a Pre-Script Certification Seminar or GoodLife Fitness Seminar, if cancelled within 24 hours of purchase, and (ii) 50% of the cost of a Pre-Script Certification Seminar or GoodLife Fitness Seminar, if cancelled with 14 days’ or more notice before the scheduled seminar; and (b) Company’s agreement to refund Subscribers, Students and GoodLife Fitness Staff Members on a pro-rata basis in the event fees have been pre-paid and the Subscription Membership Program, Corrective Membership Program, Pre-Script Certification Program or GoodLife Fitness Courses license  (i) has been terminated by Company pursuant to Section 15(a)(iii), or (ii) has been terminated by a Subscriber, Student or GoodLife Fitness Staff Member pursuant to Section 15(c)(i), Subscribers, Students and GoodLife Fitness Staff Members shall not be entitled to any refunds.

6.  Changes to Terms of Use.  The Company reserves the right, in its sole discretion, to modify, update, or otherwise revise these Terms of Use at any time.  Such revisions shall be effective immediately upon posting revised Terms of Use on the Website or App.  By using the Website or App after the Company has posted any modifications, updates or revisions, User agrees to be bound by such revised Terms of Use.  User shall have the right to immediately terminate use of the Services, if any modification, update, or other change to these Terms of Use is not acceptable to User.  In addition to these Terms of Use, additional terms may govern use of certain materials and events associated with the Company and Services, and User agrees to be bound by such terms.

7.  Intellectual Property Ownership. 

a.  User acknowledges and agrees that the trademarks of the Company, including but not limited to the logo and “PRE-SCRIPT” wordmark (the “Marks”), the Website, the App, and the look and feel of and content made accessible by the Services (“Other Company IP”), to the extent protectable, are proprietary, original works of authorship of the Company, or licensors of the Company, protected under United States and worldwide copyright, trademark, and trade secret laws of general applicability.  User further acknowledges and agrees that all right, title and interest in and to the Marks and Other Company IP and shall remain with the Company, or its licensors.  User agrees not to contest or infringe these rights, directly or indirectly, at any time.  Without the prior written consent of the Company, User’s modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the copyrights, trademarks or other intellectual property rights of the Company or its licensors, and is prohibited.  Except as expressly provided under these Terms of Use, User may not use the Marks, the Other Company IP, or any other trademarks or copyrighted materials appearing within the Service, including without limitation any logos, without the express prior written consent of the owner of the mark or copyright. 

b.  We welcome your comments about the Services.  However, it is against our policy to review or consider any unsolicited submissions or suggestions because we want to avoid the possibility of future misunderstandings in the event that ideas developed by the Company might seems similar to the ideas submitted to us.  Accordingly, we request that you refrain from sending us any original creative ideas, suggestions or materials, particularly those that are confidential or personal to you.  If you send us any ideas, suggestions of material, or if you otherwise choose to post any text, photographic images or videos within our Services or on any Company Facebook page, or share information about yourself through an online questionnaire (“User Content”), it shall become property of the Company, and we will not be subject to any obligation of confidence nor liable for any use or disclosure of any submission.  User Content includes but it not limited to all data and content, including without limitation, all photographs, images, graphics, video recordings, drawings, written descriptions, remarks, and narratives submitted by Users to the Company.  User hereby grants to the Company a non-exclusive, revocable, worldwide, royalty free license to use, copy, sublicense through multiple tiers, publish, reproduce, prepare derivative works, distribute, and display the User Content, or any derivative works thereof within the Services.  Such license shall be deemed granted as of the moment of creation without the necessity of any further action on the part of either party.  User represents and warrants to the Company with respect to the User Content that the User Content, and the license of rights in and to the User Content, do not infringe or violate any copyrights, trade secrets, or other intellectual or proprietary rights of any third party, and that posting any User Content will not violate any applicable laws, rules, or regulations.  User shall indemnify and hold harmless the Company, and its officers, directors, employees, shareholders, members, managers, and agents, from and against any and all claims, demands, liabilities, and actions, including the payment of all legal expenses, including reasonable attorney’s fees and costs, arising out of or connected with any claim that the User Content or any portion of the User Content infringes the rights of any third party or any other damages arising from any use of, or reliance upon, the User Content by a third party, including but not limited to other Users of these Services. 

c.  User agrees not to challenge the Company’s rights in and to the Services, or to take any action inconsistent with the provisions of this Section 7 of these Terms of Use.

8.  Links to Other Websites and Promotions. 

a.  The Website and App may contain links to other websites, including but not limited to a platform for the Student to access the Pre-Script Certification Program (“Linked Websites”).  The Linked Websites are provided for User’s convenience and information and, as such, User accesses them at its own risk.  Except for Company’s streaming class which is developed by the Company, User agrees and acknowledges that the Company is not responsible for, and does not endorse, the content of or anything that may be delivered to User or User’s computer as a result of accessing any Linked Websites, whether or not the Company is affiliated with the owners of such Linked Websites.  Without limiting the generality of the foregoing, the Company is not responsible and shall have no liability for any viruses or other illicit code that may be downloaded through a link found on the Website, or by accessing a Linked Website.

b.  In the event you elect to participate in any third party promotions or engage in third party services that may have been introduced or otherwise promoted on this Website, any correspondences or participation with such third parties, including the delivery of and the payment for products, services or content, are solely between you and each such third party.

9.  Interruptions to the Services.  User acknowledges that the functionality of this Website and App, including links to purchase the Subscription Membership Program, Corrective Membership Program, Pre-Script Certification Program and Goodlife Fitness Courses, links to access the Pre-Script Certification Program streaming classes, links to download free or paid content, and links to join the Newsletter are supported by third parties, and that interruptions to and failure of these sites may occur from time-to-time.  Access to the Services and their functions may from time-to-time be unavailable to User, whether because of technical failures or interruptions, intentional downtime for service or changes to the Services, or otherwise, all of which are outside of the control of the Company.  User agrees that any modification of the Services, and any material interruption or unavailability of access to the Services caused by third parties shall not constitute a default of any obligations of the Company under these Terms of Use, and except for the Company’s agreement to consider a pro-rata refund for any Subscription Membership Program, Corrective Membership Program and Pre-Script Certification Program not technically accessible to a Subscriber or Student that had pre-paid for any content, the Company shall have no liability of any nature to User for any such modifications, interruptions, unavailability, or failure of access.  In the event the User experiences a material interruption or is unable to access content, please contact Company at: [email protected]

10.  Notification of Potential Infringement.  If any User believes its copyright, trademark or other property rights have been infringed by any content included or posted within the Services, User should immediately send a notification to the Company’s designated agent (“Designated Agent”), as identified below.  To be effective, the notification must include: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Information reasonably sufficient to permit the Company to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (iv) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit the Company to locate the material; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and (vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  Pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c), the Company’s Designated Agent for notice of claims of copyright infringement can be reached as indicated below.  The Designated Agent shall be: Jordan Jiunta, 596 Atlanta Avenue, San Jose, CA.

11.  Representations, Warranties, and Covenants. 

a.  User represents, warrants, and covenants the following: (i) User shall not use its account to breach the security or gain access to the account of any other User and (ii) These Terms of Use, upon use of the Services, will be valid, binding and enforceable in accordance with its terms with respect to User.

b.  To the extent applicable, Student represents, warrants, and affirms that it fulfills any perquisites required by the Company.

c.  GoodLife Fitness Staff Member represents, warrants and affirms that it fulfills any prerequisite that is required by the GLPTI and that it has confirmed with GoodLife that the GoodLife Fitness Course or GoodLife Fitness Seminar complies with the GoodLife and GLPTI certification requirements.

12.  Confidential Information.  User understands that the tools, processes, strategies, materials and information presented within the Services are copyrighted and proprietary, so User agrees not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without express written permission.  Any information provided by the Company to User, or information used by User to access the Services, including without limitation, any user identification or password to the Website or App, (collectively “Confidential Information”) shall be maintained by User as confidential and available exclusively for User as provided in these Terms of Use.  User shall not disclose any Confidential Information to anyone, except as ordered by a court of competent jurisdiction or as otherwise required by law.  User shall not disclose any Confidential Information pursuant to a court order or as required by law until User has given the Company ten (10) days prior written notice and an opportunity to oppose such disclosure.  Notwithstanding the foregoing, User may disclose User Content originally submitted by User.

13.  Disclaimers. 

a.  THE LICENSE GRANTED TO USER UNDER THESE TERMS OF USE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY NATURE.  THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

b.  Company makes no representation that materials on this 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.  Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

c.  Company does not warrant that (i) the content is accurate, reliable or correct, (ii) the Services will be available at any particular time or location, (iii) any defects or errors will be corrected, or (iv) the content is free of viruses or other harmful components.  Your use of these Services is solely at your own risk.  Where any such exclusion of warranties are not permitted in your jurisdiction, such exclusion does not apply to you.

14.  Limitation of Liability. 

a.  THE COMPANY’S ENTIRE AND CUMULATIVE LIABILITY TO USER, OR ANY OTHER PARTY, FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE services OR CONTENT SHALL NOT EXCEED AN AMOUNT EQUAL TO $50.00 OR THE AMOUNT PAID FOR A PROGRAM PURCHASED THROUGH THE WEBSITE.

b.  WITHOUT LIMITING AND NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE COMPANY BE LIABLE TO USER FOR ANY LOSS OF BUSINESS OR ANTICIPATORY PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, GENERAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF FORESEEABLE OR IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE OR EXPENSE.

c.  ALTHOUGH THE COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID data and internet interuptions, THE COMPANY CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR.  ACCORDINGLY, THE COMPANY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

15.  Termination. 

a.  The Company may at any time and without notice terminate User’s license upon the occurrence of any of the following events: (i) User requests in writing to the Company that its license be terminated; (ii) User defaults under any material term or condition of these Terms of Use, or (iii) Company has determined a termination is in the Company’s best interest. 

b.  Readers may terminate by selecting the option to unsubscribe in any email communication they receive or by providing the Company with written notice.

c.  Subscribers, Students, and GoodLife Fitness Staff Members may terminate in the event Company fails to cure a material breach of its agreement to provide the license set forth in Sections 3(c), 3(d), 3(e) or 3(f) (such as failing to make a Corrective Membership Program, Subscription Membership Program, Pre-Script Certification Program or GoodLife Fitness Courses and materials reasonably accessible) within five (5) days’ written notice.

d.  Subscribers may terminate by logging into the Subscriber account and selecting the cancel subscription option.

e.  Upon termination, unless otherwise agreed, all licenses granted and all services provided to User under these Terms of Use shall terminate at the end of the paid period.  Specifically, the Company may terminate User’s access to the Services. However, User’s user identification and password are not typically disabled so as to facilitate future purchases.  So long as the Company has not disabled the user identification or password, which it may do in its sole and absolute discretion, future purchases will not require former Users to create new user identifications or passwords.

16.  California Residents.  If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:

Notification of Consumer Rights Complaint or Pricing Inquiry: 3505 The Alameda, Santa Clara, CA 95050.

You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

17.  Defamation; Communications Decency Act Notice. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

18.  General.  These Terms of Use shall be governed by and construed in accordance with the laws of the state of California and User voluntarily submits and consents to, and waive any defense to the jurisdiction of courts located in Santa Clara County, state of California, as to all matters relating to or arising from these Terms of Use. The Company and User agree that a breach or violation of Sections 3, 4, 7, 11 and 12 of these Terms of Use will result in immediate and irreparable injury and harm to the Company, where, in addition to any and all remedies of law and other consequences under these Terms of Use, Company shall have the right to an injunction, specific performance or other equitable relief to prevent the violation of the obligation under these Terms of Use.  The waiver by either party of, or the failure of either party to take action with respect to, any breach of any term, covenant or condition contained in these Terms of Use shall not be deemed to be a waiver of such term, covenant or condition, or subsequent breach of the same, or any other term, covenant or condition contained in these Terms of Use.  If any action is brought by either party against the other party regarding the subject matter of these Terms of Use, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney’s fees, costs, and expenses of litigation.  Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable shall not invalidate or make unenforceable any other provision of these Terms of Use. The provisions of Sections 4, 7, 8, 11, 12, 13, 14, 15, 17 and 18 of these Terms of Use shall survive the termination of these Terms of Use.

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