LAST UPDATED: May 23, 2023
PLEASE READ THIS DOCUMENT CAREFULLY. ATG USA LLC (“we,” or “us”) is an online fitness service (Service) located at atgonlinecoaching.com (Site) with related mobile applications and desktop applications and websites. By registering as a member or by using the ATG Online Coaching system in any way, you accept these Terms of Service (“Agreement” or “Terms”), which forms a binding agreement between you and ATG USA. You should also read and understand the ATG Online Coaching Privacy Policy, which is incorporated by reference into this Agreement.
Prior to using the ATG Online Coaching Service, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the ATG Online Coaching service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE OR THE ATG Online Coaching Service.
By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.
Please contact us with any questions regarding this Agreement.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.
NOTHING STATED OR POSTED ON THE ATG ONLINE COACHING SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF THE ATG ONLINE COACHING IS AT YOUR OWN RISK.
PLEASE READ OUR FULL PROFESSIONAL ADVICE, MEDICAL AND GENERAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.
WE WILL NOT BE RESPONSIBLE FOR ANY LIABILITY RESULTING FROM THE USE OF ATG ONLINE COACHING SERVICES.
AGE REQUIREMENT: You must be at least 18 years old to use ATG Online Coaching.
NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of ATG Online Coaching. If your child is using ATG Online Coaching without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about ATG Online Coaching, please contact us at customerservice@atgonlinecoaching.com.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE ATG ONLINE COACHING IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
ATG ONLINE COACHING OFFERS EXERCISE AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON atgonlinecoaching.com, OR ANY OTHER WEBSITE OPERATED BY US OR OUR AFFILIATES OR AVAILABLE THROUGH ANY ATHLETIC TRUTH GROUP SERVICES, IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON atgonlinecoaching.com, or any other WEBSITE operated by us or our affiliates, AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE ATG SITE. THE USE OF ANY INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL 911 IMMEDIATELY.
THE ATG ONLINE COACHING SITE IS CONTINUALLY UNDER DEVELOPMENT AND ATG USA MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE ATG ONLINE COACHING SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
You understand that we cannot and do not guarantee or warrant that any content available for downloading from the internet or the ****ATG Online Coaching Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the ATG Online Coaching Service for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ATG Online Coaching Service OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ATG Online Coaching Service OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE ATG Online Coaching Service, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ATG Online Coaching Service IS AT YOUR OWN RISK. THE ATG Online Coaching Service, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ATG Online Coaching Service ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ATG USA NOR ANY PERSON ASSOCIATED WITH ATG USA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE ATG Online Coaching Service. WITHOUT LIMITING THE FOREGOING, NEITHER ATG USA NOR ANYONE ASSOCIATED WITH ATG USA REPRESENTS OR WARRANTS THAT THE ATG Online Coaching Service, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ATG Online Coaching Service WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE ATG Online Coaching Service OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ATG Online Coaching Service WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, ATG USA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF AND WHEN TO MEET WITH ANYONE YOU INTERACT WITH USING THE ATG Online Coaching Service THAT ATG USA DOES NOT CONDUCT ANY BACKGROUND CHECKS OR OTHER SCREENING OF ITS MEMBERS, AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN SAFETY SHOULD YOU DECIDE TO MEET WITH ANYONE YOU INTERACT WITH USING THE ATG Online Coaching Service.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Through the ATG Online Coaching service, you may be offered and given access to services, products and promotions provided by third parties and not by ATG USA (“Third Party Services”). If you decide to access or use any Third Party Services, you will be responsible for reviewing and understanding the terms and conditions associated with these Third Party Services. You agree that ATG USA is not responsible for the performance of any Third Party Services or the acts or omissions of the entities that provide them.
The ATG Online Coaching service may contain links to third party websites as a convenience to you. The inclusion of a website link does not imply an approval, endorsement, or recommendation by us. You agree that you access any such website at your own risk, and that such site is not governed by the terms and conditions in this Agreement. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link in the ATG Online Coaching service, is subject to that digital property’s own rules and policies.
ATG USA expressly disclaims any liability for Third Party Services, their websites and the acts and omissions of the entities that provide them.
To the fullest extent permitted by law: (i) in no event shall ATG USA, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) atg usa, and its affiliates’ total liability to you shall not exceed the amounts paid by you to atg usa over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.
Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:
CONSENT TO EMAIL: When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third-party partners.
REGISTRATION: To use ATG Online Coaching, you must register as a member by providing a user name, password, valid email address and valid credit card information. You must provide complete and accurate registration information to ATG Online Coaching and notify us if your information changes.
USER NAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
NON-COMMERCIAL USE: Use of the Site and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by ATG Online Coaching. If you wish to inquire about possible commercial use, please contact us at legal@atgonlinecoaching.com. ATG USA may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at customerservice@atgonlinecoaching.com.
Auto billing; Subscription Fees; Free Trial Terms. ATG Online Coaching is a paid, auto-renewing subscription service. If you sign up for Online Coaching, you are agreeing to automatic (recurring) billing and agree to pay the charges made to your account in connection therewith. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you. The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.
HOW TO CANCEL
If you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, follow the below steps:
A confirmation of the cancellation will be emailed to you.
You may also email your cancellation request to customerservice@atgonlinecoaching.com.
Sorry– there are no refunds on ATG Online Coaching subscriptions for billing periods that have already lapsed.
Authorization: When you sign up for our Service and provide a payment method to ATG Online Coaching, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the Service.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS ATG ONLINE COACHING, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. To cancel, follow the instructions above (“How to Cancel”).
Changes. ATG Online Coaching may change, modify, add, remove, suspend, cancel, or discontinue any aspect of its subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in ATG’s sole discretion.
TERM: This Agreement begins on the date you first use ATG Online Coaching and continues as long as you have an account with us.
CANCELING YOUR SUBSCRIPTION: To cancel your subscription login and go to your account settings or send us an email at customerservice@atgonlinecoaching.com.
ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, delete an account from atgonlinecoaching.com that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.
TERMINATION FOR BREACH: ATG Online Coaching may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if ATG Online Coaching determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage ATG Online Coaching’s reputation or goodwill. If ATG Online Coaching deletes your account for the foregoing reasons, you may not re-register for the ATG Online Coaching. ATG Online Coaching may block your email address and Internet protocol address to prevent further registration. ATG Online Coaching is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
User Contributions. The ATG Online Coaching Service may contain message boards, chat rooms, personal profiles, forums, bulletin boards, exercise programs, private messaging, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the ATG Online Coaching Service.
All User Contributions must comply with the Content standards set out in this Agreement. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the ATG Online Coaching Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with this Agreement.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not ATG USA, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the ATG Online Coaching Service.
Restrictions. You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
ATG Online Coaching Service**:** We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the ****ATG Online Coaching Service. YOU WAIVE AND HOLD HARMLESS ATG USA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the ATG Online Coaching Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section 9 (Content).
Copyright Infringement: If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is our policy to terminate the accounts of repeat infringers.
You agree to indemnify, defend, and hold harmless ATG Online Coaching and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the ATG Online Coaching Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to ATG Online Coaching violates this Agreement, any law or infringes any personal right or third party right, including any intellectual property or privacy right. ATG Online Coaching reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ATG Online Coaching in connection therewith.
LICENSE: ATG USA and ATG Online Coaching grants you a limited, non-exclusive license to access and use the ATG Online Coaching Service for your own personal, non-commercial purposes. This includes the right to view content available on atgonlinecoaching.com. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by ATG Online Coaching in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the ATG Online Coaching Service. Nor will you take any measures to interfere with or damage the ATG Online Coaching Service. All rights not expressly granted by ATG Online Coaching are reserved.
ARBITRATION AND GOVERNING LAW:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against ATG Online Coaching in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against ATG USA, ATG Online Coaching or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and ATG USA or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against ATG USA (except for small-claims court actions) may be commenced only in the federal or state courts located in Pinellas County, Florida. You hereby irrevocably consent to the jurisdiction of those courts for such purposes, and you irrevocably waive any right to a trial by jury. This Agreement, and any dispute between you and ATG USA, shall be governed by the laws of the state of Florida without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by ATG USA in exercising any right hereunder will waive any further exercise of that right. Athletic Truth Group’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without ATG USA’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from ATG Online Coaching electronically. ATG USA may provide all such communications by email or by posting them on the ATG Online Coaching Service. For support-related inquiries and general service-related questions, please email customerservice@atgonlinecoaching.com. For complaints or claims, you may send an email to legal@atgonlinecoaching.com or notice to the following address:
ATG USA, P.O. Box 1018, Clearwater, FL 33770, Attention: Legal
We will try to address your concerns promptly once reported to us. If you feel that your concerns have been incompletely addressed, we invite you to let us know for further investigation.
Nothing herein shall limit ATG USA’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by ATG USA on the atgonlinecoaching.com Site. A revised Terms of Service will be effective as of the date it is posted on the ATG Online Coaching Site.