Terms of Service
Terms of Service for NEW ERA PERFORMANCE
This agreement is in effective as of January 1st, 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, 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:
Certain opinions, advice, statements, or other information, including without limitation, food, nutrition and exercise data, may be made available by third parties through or in connection with the NEW ERA PERFORMANCE Services (“Third-Party Content”). This Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with the NEW ERA PERFORMANCE Services. NEW ERA PERFORMANCE DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON ANY NEW ERA PERFORMANCE SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY AS PART OF ANY THIRD-PARTY CONTENT. UNDER NO CIRCUMSTANCES WILL NEW ERA PERFORMANCE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIRD-PARTY CONTENT POSTED ON THE NEW ERA PERFORMANCE SERVICES OR TRANSMITTED TO OR BY ANY THIRD-PARTY IN CONNECTION WITH THE NEW ERA PERFORMANCE SERVICES.
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;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any 1kextra.com employees or representatives.
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.
i. You agree to indemnify and hold harmless NEW ERA PERFORMANCE. 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.
When you register for an account on drhealthfitness,com, you become a Member of NEW ERA PERFORMANCE. At the time of registration you may choose to become a Member as either a Client
Client Membership. Members using the Service to receive training, instruction, and guidance provided by NEW ERA PERFORMANCE's registered NEW ERA PERFORMANCE employee or contracted independent contractors, as described below, are “Clients”. Registering as a Client is free of charge. Once registered, Clients can use the Service to schedule instructional and training events and lessons (each a “Coaching Session”). Clients will be presented with the cost of each Coaching Session prior to the scheduling process. Payments for each Coaching Session will be processed prior to the time of scheduling the Coaching Session or shortly thereafter. Clients may also decide to purchase “Membership Subscriptions“ which entitle them to a pre-determined number of Training Sessions in a given period of time. The terms of these Membership Subscriptions are set forth on the site. Additional terms governing payment are found in Section 6. Once scheduled, your right to cancel a Training Session is governed by Section 8.
General. NEW ERA PERFORMANCE bills you through an online account (your "Billing Account") for use of the Service. You agree to pay NEW ERA PERFORMANCE all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize NEW ERA PERFORMANCE to charge your chosen payment provider (your "Payment Method"), such as MoonClerk 3rd party services, for your use of the Service. You agree to make payment using your selected Payment Method. NEW ERA PERFORMANCE reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Current Information Required. YOU MUST PROMPTLY NOTIFY NEW ERA PERFORMANCE IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If NEW ERA PERFORMANCE does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand, or NEW ERA PERFORMANCE may suspend or terminate your access to the Service.
Recurring Billing for Clients A Membership Subscription for Clients, as described in Section 6 above, consists of recurring monthly charges as agreed to by you. By entering into this Agreement as a Client, you acknowledge that your Membership Subscription has a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. NEW ERA PERFORMANCE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE 30-DAY PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY NEW ERA PERFORMANCE) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE NEW ERA PERFORMANCE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, CONTACT NEW ERA PERFORMANCE.
30-Day Cancellation Policy. Clients must confirm in writing no earlier than 30 days from the desired date of membership termination. A final full membership payment amounting in your prior recurring amount will be charged for any notice given within the 30-day termination period. Please submit in writing to NEW ERA PERFORMANCE or to email@example.com your termination request along with your reason for terminating your membership.
3-Month, 90 Day Commitment. A minimum 3-month, 90-day commitment is required for all client memberships. During this period, only pre-authorized recurring payments will be made in the agreed upon amounts and cannot be terminated, frozen, or postponed unless agreed upon by all parties. Terminations may be made after the “commitment zone” by following the 30-day cancellation policy requirements.
Membership Freeze. Freezes with no recurring payments made are allowed for medical conditions, those called for active military duty or school. Approved proof is required for the freeze. You must send in documentation from your doctor, PCS paperwork or copy of your class schedule or student ID. 30-day prior written notice of your request to freeze is required. Freeze will begin upon receipt of your letter, and the membership agreement will be frozen from pay date to pay date. The “Freeze Zone” may last 1 to 6 months per calendar year or depending on what your orders state.
Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that NEW ERA PERFORMANCE is authorized to charge your Payment Method. NEW ERA PERFORMANCE may submit those charges for payment and you will be responsible for such charges. This does not waive NEW ERA PERFORMANCE's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described on the applicable payment screen.
Refunds. NEW ERA PERFORMANCE provides a 3 day, 72 hour, refund for NEW, NEW ERA PERFORMANCE Membership Fees. If you terminate your Membership within this time frame a full 100% refund will be credited to your original method of purchase. All refund requests must be sent by certified mail only to NEW ERA PERFORMANCE and must include a signature and date from the original purchaser. No other refunds will be provided after this timeframe. This feature does not exist for existing clients.
Free Trials and Other Promotions. Any free trial or other promotion must be used within the specified time of the trial. You must choose to terminate your access to the feature or service before the end of the trial period in order to avoid being charged the applicable fee. If you terminate access prior to the end of the trial period and are inadvertently charged a fee, please contact NEW ERA PERFORMANCE to have the charges reversed.
NEW ERA PERFORMANCE attempts to make all prices published through the Service accurate. However, prices in the Service are provided by our NEW ERA PERFORMANCE employee or contracted independent contractors. In the event that we have provided an inaccurate price or incorrect information due to error either by us or by a NEW ERA PERFORMANCE employee or contracted independent contractor, we reserve the right to refuse or cancel purchases made through the system. When a purchase is cancelled due to pricing error, we will provide a refund of the purchase price. Price quotations listed on the Site or elsewhere in the Service are subject to change without notice
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 NEW ERA PERFORMANCE 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 NEW ERA PERFORMANCE. 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 content and materials available on 1kextra.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of NEW ERA PERFORMANCE., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized NEW ERA PERFORMANCE.
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.
This website is controlled by NEW ERA PERFORMANCE. 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.
UNLESS OTHERWISE EXPRESSED, NEW ERA PERFORMANCE. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
NEW ERA PERFORMANCE
I agree to the following Terms of Service:
Trainer is not a medical professional and is without expertise to diagnose medical conditions or impairments. Client agrees to promptly and fully disclose to Trainer any injury, condition or impairment which may have a deleterious effect on or be impacted by this training program and the Trainer’s decision to discontinue training because of any condition which presents an adverse risk or threat to the health or safety of the Client, the Trainer or others shall be conclusive.
2. Client certifies that:
a) He/she is physically capable of participating in a strength, flexibility and aerobic training exercise program and using the equipment associated with such training; and
b) he/she is over the age of eighteen (18); and c) he/she has either (I) had a physical examination and been given a physician’s permission to participate in this training program; or (ii) decided to participate in this training program without the approval of a physician.
3. This training program will involve physical activity and, as appropriate, use of certain equipment and machinery. Such activities may present a risk of injury or even death. Client voluntarily agrees to participate in these activities and to assume all risk of personal injury, death and property damage resulting from such activities, use of equipment, machinery or public or private facilities.
4. Client agrees on behalf of him/herself and his/her personal representatives or heirs to release and discharge Trainer, his agents, representatives, successors and assigns from any and all claims or causes of actions (known and unknown) arising out of this training program including without limitation injury or loss resulting from Client’s use of any equipment or facilities which break or malfunction.
5. No implied warranties or representations are made other than those expressly contained herein and this document contains all of the terms of the Agreement between the parties. Trainer expressly notes that results will differ for clients based upon various factors including without limitation; body type, nutrition, etc. and no guarantees of results are possible.
6. Client may not assign this personal service contract. Trainer may only assign this Agreement to a related entity.
7. Client may cancel this agreement only by written notice to Trainer within three (3) calendar days from the date this Agreement is executed. Trainer retains the right to terminate this Agreement for any reason including without limitation to Client’s failure to follow direction or conduct contrary to the interests of this Agreement. In the event of termination as set forth herein, Trainer shall refund to Client the sum associated with any unused sessions. This Agreement may be executed in duplicate and a copy shall be considered as effective as an original.
TERMS AND CONDITIONS
1. Each session shall consist of a scheduled appointment based on a (box checked) minute hour in the privacy of the Revolution Park Sports Academy, the privacy of the client’s home, or at a mutually agreed upon location. Client is reminded that distractions such as children, telephones, etc., may affect consistent efforts and results. To get the most out of each session, please be ready to exercise at the appointed time.
2. Client must notify Trainer of cancellation twenty-four (24) hours prior to scheduled appointment. NOTE: Client will be charged for the session if less than twenty-four (24) hours’ notice of cancellation is given.
3. Trainer is not responsible for the safety of facilities or equipment whether provided by Client, Trainer, or others.
4. Please wear appropriate athletic footwear and loose, comfortable clothing to facilitate ease of movement.
5. Proper nutrition and adequate rest are essential to this training program and Client must not be under the influence of drugs or alcohol at any time during the training session.
6. Personal training requires a certain amount of physical contact between Trainer and Client to ensure proper technique.
7. Trainer’s determination of methods is conclusive.
8. The failure to strictly enforce any provision of this Agreement shall not constitute a waiver of any right to subsequently enforce this Agreement. All provisions shall be deemed severable and the inability to enforce any provision shall not affect the other provisions. This Agreement shall be construed under Mecklenburg County, NC and North Carolina law and shall only be modified by writing signed by both parties.