Your privacy is important to Phit-n-Phat Personal Training, LLC.

PNP Tribe 

Website Terms and Conditions of Use 

The Websites PNPTribe.com & Phit-n-Phat.com (“Websites”) and their Content are owned by Phit-N-Phat Personal Training, LLC. The term “you” refers to the user or viewer of the Websites.

Please read these Terms and Conditions (“T&C”) carefully.  You must agree to these T&C before you are permitted to enter any online private forums operated by PNP (for any purpose), whether on a website hosted by PNP or a third-party website such as facebook.com; use any PNP training programs; participate in any PNP one-on-one or group coaching, class, program, or personal training; participate in any PNP workshop or challenge; attend any PNP event or camp; view any PNP video; and/or purchase or take part in any future PNP service or activity, whether now known or unknown (collectively “PNP Activities”).

If you do not agree with these T&C, you may not use the Websites or their Content.

As used in these T&C, the term “Releasees” is defined to include the following: (i) Phit-N-Phat Personal Training, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively, “PNP”); (ii) any PNP volunteers; (iii) April Corinne Crabtree; and (iv) John Christopher Crabtree.

Websites and Content Ownership

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Websites, any third-party website PNP may use to distribute or host its content, and contained in e-mails sent to you by PNP (“Content”) is property of PNP and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

Intellectual Property Rights

PNP’s Limited License to You: 

If you view, purchase or access any Websites or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

This means you may view, download, print, email and use one copy of individual pages of the Websites and Content for your own personal, non-business purposes only. You may not republish, reproduce, duplicate, copy, display, distribute to friends or family, or otherwise use any material from the Websites or Content for commercial purposes or in any way that earns you money. By downloading, printing, or otherwise using the Websites or Content for personal use you in no way assume any ownership rights of the Content – it is still PNP property.  Any reproduction or unauthorized use of any materials found on the Websites or Content shall constitute infringement.

You must receive our written permission before using any of the Websites or Content for your own business use or before sharing with others.

The trademarks and logos displayed on the Websites or Content are trademarks belonging to PNP, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Your License to PNP. 

By posting or submitting any material on or through the Websites such as comments, posts, photos, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of PNP’s current or future Websites and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by PNP during PNP Activities that may contain you, your voice and/or your likeness. In PNP’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to PNP or created by PNP in connection with your participation in any PNP Activities, without compensation to you at any time, now or at any time in the future.

You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or PNP, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Websites or in our Content at any time for any reason.

This means you give PNP permission to use anything you submit or post on the Websites or any third-party forum or website operated by PNP, or anything captured by PNP during your participation in PNP Activities, including images in which your face is visible and recognizable.

Request for Permission to Use PNP Content

If you wish to use any of PNP’s Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by completing the “Contact Us” form on the Websites, or by sending an e-mail to support@phitnphat.com.

If you are granted permission by PNP, you agree to use the specific Content that PNP allows and only in the ways for which PNP has given you its written permission. If you choose to use the Content in ways that PNP does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you agree to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Websites and Content.

No Pitching, Selling or Promoting Other Products, Groups, Programs, or Events on the Websites

PNP is a “pitch free zone.”  You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events on the Websites.

This means you agree not to form, or ask PNP members to join, “shadow” groups based on interests or locality.  You agree not to invite PNP members to participate in events, such as a race, seminar, or athletic competition, without first receiving approval from PNP.  You agree not to promote or sell products such as essential oils, exercise DVDs, or nutritional supplements, unless you are authorized or requested to do so by PNP.

Your Conduct on the Websites

Please choose carefully the materials that you upload to, submit to, or embed on the Websites and any third-party forums operated by PNP. Any material you post on the Websites or in any third-party forums operated by PNP becomes public. You are responsible for your material and for any liability that may result from the material you post.  You participate, comment, and post material at your own risk.  Any communication by you on the Websites and any third-party forums operated by PNP, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.  You agree to post comments or other material only one time.

PNP, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Websites and any third-party forums operated by PNP.  PNP does not, however, have any obligation to monitor posts, comments, or material submitted by third parties.  PNP neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Websites or any third-party forums operated by PNP. PNP shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Websites and any third-party forums operated by PNP.

You are strictly forbidden from the following:

• Causing damage to the Websites

• Using the Websites for any unlawful, illegal, fraudulent or harmful purpose or activity

• Using the Websites to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software

• Using the Websites to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes

• Systematically or automatically collecting data from the Websites

• Sharing private and proprietary information from other PNP members with anyone else

Username and Password

To access certain features of the Websites, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If PNP has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Websites to any other person, PNP has the right to suspend or terminate your account and refuse any and all current or future use of the Websites or its online material, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Websites’ Privacy Policy.

Termination

PNP reserves the right in its sole discretion to refuse or terminate your access to the Websites and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Websites or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Websites and its Content will still apply now and in the future, even after termination by you or PNP.

Personal Responsibility, Assumption of Risk, Disclaimers, and Indemnification

  1. You understand that physical activity and exercise are inherently risky and dangerous activities.  Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees.
  1. You acknowledge that, by engaging with PNP for PNP Activities, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in PNP Activities, whether or not caused by the active or passive negligence of the Releasees.

In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to PNP for PNP Activities.

  1. You represent and warrant to Releasees that you are able to safely participate in PNP Activities and have no medical condition that would make your participation in PNP Activities more hazardous.  You acknowledge that you have had a physical examination and have been given a physician’s permission to participate, or that you have decided to participate in PNP Activities without the approval of a physician.
  1. The Websites and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Websites or Content prevents, cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. PNP disclaims any liability for your reliance on any opinions or advice contained in the Websites.
  1. Any links to third-party products, services, or sites are subject to separate terms and conditions. PNP is not responsible for or liable for any content on or actions taken by such third-party company or website. Although PNP may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
  1. PNP tries to ensure that the availability and delivery of the Websites and Content is uninterrupted and error-free. However, PNP cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
  1. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PNP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PNP DOES NOT WARRANT THAT THE WEBSITES OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITES, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  1. PNP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITES, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITES.
  1. These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to its conflict of laws. The nearest state and federal court to Nashville, Tennessee shall have exclusive jurisdiction over any case or controversy arising from or relating to the Websites or Content, including but not limited to the Privacy Policy or these Terms. By using the Websites or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.
  1. PNP controls and operates the Websites from offices in the United States. PNP does not represent that materials on the Websites are appropriate or available for use in other locations. People who choose to access the Websites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
  1. You agree to defend, indemnify and hold harmless PNP and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Websites or Content in violation of these Terms of Use, (ii) any breach by you of these Terms of Use or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Websites, (iv) your use of materials or features available on the Websites or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by PNP) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
  1. You expressly agree that these T&C are intended to be as broad and inclusive as permitted by the law of the State of Tennessee, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

PNP may change, modify or update these T&C at any time without notice. Any access or use of the Websites or Content by you after PNP posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact support@phitnphat.com.

By accessing or using the Websites and the Content, you represent and warrant that you are at least 13 years old and that you agree to and to abide by these T&C. Any registration by, use of or access to the Websites or their Content by anyone under age 13 is unauthorized, unlicensed and in violation of these T&C. If you do not agree with these T&C, do not use the Websites or Content.