Website Terms of Use

TERMS AND CONDITIONS OF USE

Welcome to our website. This site is maintained as a service to our customers and instructors. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

  1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of Justified Instructors (the "Site") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Justified Instructors upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://justifiedinstructors.com/terms-of-service/. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
  2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy below

Privacy Policy

Personal Information Confidentiality: We do not sell, lease or give your personal information to any other company, unless you provide written consent.  In using the site and services, you may provide data ("End-User Data") to Justified Instructors servers, or to servers maintained by a third party. Justified Instructors agrees not to disclose end user’s personal information to any third party, and not to permit any of its employees, agents, representatives, or sub-contractors to do so, except:

 

  • As necessary to effect, administer, or enforce, a transaction in connection with end user's use of the site or services;
  • In the ordinary course of business to permit us to perform our obligations under the agreement; or
  • As required or permitted by applicable law, court order, subpoena, or law enforcement;
  • With the prior written consent of End-user;
  • As permitted in the agreement; or
  • As required by applicable law, court order, subpoena, or valid law enforcement request.

 

Nondisclosure: By virtue of this agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this agreement. Confidential information shall be limited to your personal information, and all information clearly identified as confidential at the time of disclosure.

 

A party’s confidential information shall not include information that:

 

  • Is or becomes a part of the public domain through no act or omission of the other party;
  • Was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party;
  • Is lawfully disclosed to the other party by a third party without restriction on the disclosure; or
  • Is independently developed by the other party.

 

We each agree not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, we will hold your Confidential Information that resides within the site in confidence for as long as such information resides on the site.

 

We each may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this agreement.

 

Nothing shall prevent Justified Instructors from disclosing your confidential information in any legal proceeding arising from or in connection with this agreement or from disclosing the Confidential Information to a governmental entity as required by law.

 

Use of Cookies: For security reasons, we use cookies or similar technologies to identify your browser or device. You hereby consent to such use of cookies.

 

Search Collection Metrics:  Justified Instructors will collect non-identifiable data on such metrics as number of searches performed, types of searches, dates of searches, etc. You give us permission to use your non-identifiable, aggregated data to improve the services or to design promotions and provide ways for you to compare business practices with other users. We may also use the non-identifiable metrics as a commercial offering to other third parties.

 

Notice to European Union Users: Justified Instructors operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) to the United States. By providing personal information to us, you are consenting to its storage and use as described herein.

 

Information Collected from Children: You must be at least 18 years old to use Justified Instructors website(s) and service(s). Justified Instructors does not knowingly collect information from children under 18.

  1. Ownership. All content included on this site is and shall continue to be the property of Justified Instructors or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
  2. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 18.
  3. Trademarks. Justified Instructors, and others are either trademarks or registered trademarks of Justified Instructors. Other product and company names mentioned on this Site may be trademarks of their respective owners.
  4. Site Use. Justified Instructors grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Justified Instructors and Justified Instructors] may terminate your use of this website at any time.
  5. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
  6. Indemnification. You agree to indemnify, defend and hold Justified Instructor and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
  7. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. JUSTIFIED INSTRUCTORS DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
  8. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL JUSTIFIED INSTRUCTORS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

  1. Use of Information. Justified Instructors reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
  2. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Justin E. Scarborough, who can be reached as follows:

By Mail: [1417 St. Charles Place, Roslyn, Pa. 19001]

By Phone: [215-588-9723]

By E-mail: [justifiedinstructors@gmail.com]

  1. Applicable Law. You agree that the laws of the Commonwealth of Pennsylvania, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Justified Instructors or its affiliates.
  2. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
  3. Waiver. The failure of [name of website] to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Justified Instructors must be in writing and signed by an authorized representative of Justified Instructors.
  4. Termination. Justified Instructors may terminate this Agreement at any time, with or without notice, for any reason.
  5. Subscription Fees. Credit card holder's account is automatically charged on the same date as the original transaction date on each corresponding month or on final date of month if no corresponding date (January 31, 2015 subscription renews on February 28, 2015). Justified Instructors may terminate the subscription and these terms if it is unable to renew the subscription based on inaccurate or outdated credit card information. Access to site services will be provided only upon payment of the subscription fees. Justified Instructors may increase subscription fees at any time and for any reason, provided, however, that Justified Instructors provides notice at least thirty (30) calendar days prior to the expiration of the subscription.
  6. Account Cancellation. You may only cancel your subscription from your account profile page. Requests to cancel may only be made by e-mail or phone for those with free memberships. Once you cancel your membership subscription, your membership will continue through the end of your current charge cycle. For example: If your credit card is charged on the 10th of the month and you cancel on April 25th, you will not lose access until the May 10th.
  7. Refund Policy. Subscription fees are non-refundable; except that you may cancel renewed subscription by contacting Justified Instructors within two (2) calendar days after renewal date and receive a full refund of the new subscription fees.
  8. Personal Safety and Injuries. Justified Instructors does not perform background checks on either instructors or potential customers who sign up to use the site. Justified Instructors encourages all users and instructors to take reasonable precautions to protect their safety and property while using the site and services. Users and Instructors are solely responsible for any and all injuries caused by their use of services. Users are encouraged to consult with a doctor before beginning any exercise program.
  9. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
  10. Entire Agreement. This Terms of Use constitutes the entire agreement between you and Justified Instructors and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and [name of website] with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Justified Instructors  may revise this Terms of Use at any time by updating this Agreement and posting it on the Site.  Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
  11. Profile Poster Responsibilities. The responsibilities of the poster can be found at https://justifiedinstructors.com/membership-conditions/
  12. Data Loss. Justified Instructors is not responsible for any data loss suffered by customers or instructors and encourages all users to have proper backup of any and all of their data.
  13. Arbitration. Any dispute, controversy or claim arising out of or related in any way to this Agreement or any services performed hereunder which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the (American Bar Association) in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of three (3) arbitrators sitting in Pennsylvania (Philadelphia County). The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Pennsylvania. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement.
  14. Contact Information.

[Justified Instructors]

[1417 St. Charles Place, Roslyn, Pa. 19001]

[215-588-9723]

[justifiedinstructors@gmail.com]