Overview
The terms “we,” “us,” and “our” refer to The Barbell Mamas. The term “Site” refers to www.thebarbellmamas.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.
Service
The Barbell Mamas is a membership site for online programming, resources, and other content relating to pregnant and postpartum athletes.
Use of www.thebarbellmamas.com, including all materials presented herein and all online services provided by The Barbell Mamas, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of Site and Service
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. The Barbell Mamas disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
Account Creation
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to The Barbell Mamas will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
Lawful Purposes
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to remove the accounts held by any individuals representing companies that offer a similar or directly competing Service.
Order Confirmation
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Duration of Agreement
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against The Barbell Mamas when there are reasonable delays in the access of the Service.
The Barbell Mamas reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
If for any reason, The Barbell Mamas should dissolve or cease to exist, then your access to the Service terminates.
If you are paying on a monthly subscription this allows you access to the Service for 30 days. There is a minimum commitment of 3 months. Failure to pay your monthly subscription payment will result in access to the Service being stopped. You may cancel the automatic renewal of your monthly subscription at any time past the first 3 months, and your access to the Site will end at the end of the current contracted term.
Cancellations & Refunds
We offer a 7 day money back guarantee should you be unhappy with the Service in your first month of membership. To request a refund please contact support at hello@thebarbellmamas.com.
You may also cancel your monthly subscription at any time (past the first three months) via your account page, but due to the nature of the Service no refunds will be made for any membership fees already paid, excluding the 7 day money back guarantee as stated above.
Once you cancel you will no longer have access to the Service, including all content and community resources, once your current membership period is completed.
The 7 day refund period only applies to your first subscription and cannot be used more than once.
No partial refunds are given should you terminate a subscription before your renewal date.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.
Product Descriptions
We endeavour to describe and display the Services and Products as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Submission Material
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, The Barbell Mamas provides access to the community or social media platforms in conjunction with the Service.
You agree that your use of these community and social media platforms is a privilege and The Barbell Mamas may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. The Barbell Mamas will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. The Barbell Mamas is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect The Barbell Mamas’ brand and image integrity.
Our Intellectual Property
The Site and Service contain intellectual property owned by The Barbell Mamas, including trademarks, copyrights, proprietary information, and other intellectual property. The Barbell Mamas’ copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including The Barbell Mamas’ copyrighted materials shall remain the sole property of The Barbell Mamas. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Third Party Resources
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with The Barbell Mamas. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
Medical & Fitness Disclaimers:
- The Barbell Mamas strongly recommends that you consult with your physician before beginning any exercise program. You should be in good physical condition and be able to participate in your programming.
- The team of physical therapists at The Barbell Mamas will not diagnose, examine, or treat medical conditions of any kind through your membership.
- When participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge The Barbell Mamas from any and all claims or causes of action, known or unknown, arising out of your membership.
- Never disregard professional medical advice or delay seeking it because of something you’ve read on our website.
- The Barbell Mamas is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services, or products that you obtain through any of our online platforms. If you’re seeking any personalized recommendations, we encourage you to consult a medical professional.
- Each individual’s health, fitness, and nutrition success depends on their background, dedication, desire, and motivation. As with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment.
- We cannot guarantee your future results and/or success. Nor can we guarantee that you maintain the results you experience if you do not continue following the program.
- The use of our information, products and services should be based on your own due diligence and you agree that The Barbell Mamas is not liable for any success or failure of your physique that is directly or indirectly related to the purchase and use of our information, products and services.
- The testimonials, examples, and photos used are of actual clients and results they personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our program, service, and/or product capabilities, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our programs, services, and/or products.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.