Welcome to Anthony Smith's Coaching services

Terms of Enrollment

The following Policy governs the use of all persons participating in the Program presented by Romello Duke (“Company” or “we”), including without limitation, the registered user of the program (“Client”), all employees, agents, contractors and representatives of the registered user (“Representatives”) who have registered for the use or have access to the Program, and are binding in connection with any use or access of the Program.
 
This Services Agreement is effective as of the date accepted and executed by Romello Duke and the client, with its principal place of business located at [1032 E Brandon BLVD Brandon, FL, 33511].
 
The Client and Representatives shall be referred to collectively as “you” or “your”. Please read this Policy carefully. By visiting and using the Program Portal/Membership Site you agree that your use of our Site, participation in our Program, and use of Program materials is governed by the following terms and conditions.
 
We are committed to providing all participants with a positive experience. Thus, COMPANY may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:                                           
•You become disruptive or difficult to work with
•You fail to follow the program guidelines; or you impair the participation of our instructors or participants in our program(s).
 
Upon termination of our relationship, we will immediately revoke your right to use the Program and block all access to your account and may anonymize or delete all data and information associated with your account thirty (30) days after such termination. Upon termination of this relationship, you will remain obligated to pay any accrued charges and amounts which become due for payment prior to or following termination.
 
Program Deliverables:
•Personalized Coaching
•Access to the Trainerize App
•Custom Workouts
•Custom Nutrition
•Accountability
 
Content:
•Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.
•All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available by Company or its designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this training program only.
•Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Company, or its designated agent.
•The information contained in program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.  
•We assume no responsibility for errors or omissions that may appear in any program materials.                                                                
•We may add to, discontinue or revise any aspect, mode, design, or service provided under the Program including but not limited to: the scope, timing or pricing of the features; procedures for cancellation or renewal of the Program; software/hardware required for access to the Program; and geographic locations or jurisdictions in which certain features of the Program may or may not be available. We will endeavor to provide you with reasonable notice of any such modifications.
•Usernames and passwords may not be shared with any third-parties.
•Any violation of Company’s policies regarding content usage shall result in the immediate termination of your enrollment without refund.
 
Privacy & Confidentiality:
We respect your privacy, and we must insist that you respect the privacy of fellow Program participants.                           
We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, "Confidential Information") and must insist that you respect the same rights of fellow Program participants and of the Company.
 
Thus, you agree:
•Not to infringe any Program- participants or the Company's copyright, patent, trademark, trade secret or other intellectual property rights;                                        
•That any Confidential Information shared by Program participants or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who - - discloses it or the Company;
•Not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions;                                 
•That all materials and information provided to you by the Company are its confidential and proprietary intellectual property, belong solely and exclusively to the Company, and may only be used by you as authorized by the Company;
•The reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited;
•That if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
 
While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence.
 
Interactive Features
It is a condition of your use of the Site and participation in the Program that you do not:
•Restrict or inhibit any other user from using and enjoying the Site.
•Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
•Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
•Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
•Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
•Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
•Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
•Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder. - Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
•Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
•Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
•Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
 
COMPANY may host Facebook groups, message boards, chats and other public forums. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Groups, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY's outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.
 
COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
 
Limitation of Liability
 
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
 
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT, AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
 
PAYMENT TERMS
 
The term of this Agreement shall be for a period of (6) consecutive months, commencing on the Effective Date or as indicated per the Agreement.
 
COMPANY reserves the right to cancel the agreement at any time and for any reason during and after the account’s activation.
 
Client will be required to provide account information for at least one valid credit card through the Company’s payment page (“Credit Card Information”). We will use this Credit Card Information to process agreed upon payment in accordance with Agreement and our Privacy policy.
 
We are not liable for any payments that are not completed because: (1) your credit card account does not contain sufficient funds to complete the transactions or the transactions would exceed the credit limit or overdraft protection of the credit card account; (2) You have not provided us with correct payment account information; (3) your credit card has expired; or (4) of circumstances beyond our control (such as but not limited to, power outages, interruptions of cellular service, overzealous fraud protection rules applied by your payment card brand or acquirer bank, or any other interface from an outside force).
 
All payment is exclusive of any taxes or duties imposed by jurisdiction tax law. The Company will not be responsible for any taxes or duties owed by you.
 
Refund Policy
 
All sales are final, no refunds will be afforded, and you waive any rights to charge-back your purchase with your credit card processor. Subscriptions will not be prorated if cancellation occurs during a billing cycle.
 
Dispute Resolution
 
1. All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in Florida United States Of America.
 
2. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
 
3. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
 
Nondisclosure and Nonuse Obligations.
 
You agree to maintain in confidence and not to disclose, disseminate or use any Confidential Information belonging to Company, whether or not in written form. You agree that you shall treat all Confidential Information of Company with at least the same degree of care as you accord your own confidential information. You further represent that you exercise at least reasonable care to protect your own confidential information. If you (the “Recipient”) are not an individual, Recipient agrees that Recipient shall disclose Confidential Information only to those of its employees who need to know such information and certifies that such employees have previously signed a copy of this Agreement. You further understand and agree that any disclosure or misappropriation of any of the Confidential Information at any time in violation of this Agreement will cause Company irreparable harm. Thus, you understand and agree that since monetary damages will not be sufficient to avoid all harm and/or compensate for the unauthorized use or disclosure of the Confidential Information, injunctive or other equitable relief would be appropriate to prevent any improper actual or threatened use or disclosure of the Confidential Information or breach of this Agreement. Accordingly, you hereby consent to the entry of an injunction, without the need to post a bond, prohibiting any conduct by you in violation of this Agreement.
 
Definition of Confidentiality. As used in this Agreement, "Confidential Information" refers to: (a) the business activities, dealings or interests of Company and/or its officers, directors, affiliates, employees or contractors; (b) any confidential information, knowledge and know-how, concerning the operations, products, services, procedures, or clients, patients or customers of Company, in any format whatsoever, including, without limitation, the techniques, formulations, organization, design, implementation, preparation and other operations, methods, and accumulated experiences incidental thereto, and further including, without limitation, information relating to marketing techniques, advertising, policies, procedures, promotions, customer lists, membership lists, mailing lists, registration cards, sales records, concepts, ideas, trade secrets, other proprietary information, training materials, teaching aids, webinars, membership materials (including but not limited to: reports, notes, files, records and any personally identifying information), and/or research of Company. Further, any and all Confidential Information which by its nature is confidential or which Company, in its sole and absolute discretion, designates as such shall be deemed Confidential Information for purposes of this Agreement. This Agreement shall govern all communications between the parties. Recipient understands that its obligations under this Paragraph ("Nondisclosure and Nonuse Obligations") shall survive the termination of any other relationship between the parties. Upon termination of any relationship between the parties, Recipient will promptly deliver to Company, without retaining any copies, all documents and other materials furnished to Recipient by Company               
 
License                                                                
Your use of, and access to the Program Materials is on a licensed basis. In that regard, Company hereby grants to you, and you hereby accept, the non-exclusive right, license and privilege to use (but not sublicense) the Program Materials for a (12) week period and any renewal terms.
 
You agree to:
 
(a) constantly use your best efforts in the use of the Program Materials in a way to protect the good name and goodwill associated with the Program Material and Company.
 
(c) not to attack the title of Company in and to the Program Material nor attack the validity of the license granted hereunder;
 
(d) not harm, misuse or bring into disrepute the Program Material and Company, but to the contrary, will maintain the value and reputation thereof to the best of your ability.
 
The license granted herein does not grant you any right, title or interest, at law or in equity, in or to any of Company’s trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof or, the name or images of [The Toning Temple], LLC, including [The Toning Temple] trade secrets or other rights or intellectual property of any kind, except as provided by said license. Further, such license applies only to those Program Material designated herein. You shall not represent to others or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in our Program Material, Trademarks, copyrighted materials, trade secrets or other rights or intellectual property of any kind other than by virtue of the license granted hereunder.
 
Company shall have the right to approve all uses of the Program Material or derivative uses thereof.
 
Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Program Material (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this Agreement.
 

Privacy Policy

Your privacy is important to us. This Privacy Policy explains how we collect, use, and protect your personal information.

Information We Collect:

Personal Information:

When you sign up for our services, we collect personal information such as your name, email address, phone number, and payment information.

Usage Data:

We may collect information on how our service is accessed and used, including your IP address, browser type, browser version, the pages you visit, the time and date of your visit, the time spent on those pages, and other diagnostic data.
Cookies and Tracking Technologies: We use cookies and similar tracking technologies to track the activity on our website and hold certain information.

How We Use Your Information:

To Provide and Maintain Our Service: Including processing transactions and managing your account.

To Communicate with You:

To contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you.

To Improve Our Service:

To understand how our service is used so we can enhance our offerings.

To Comply with Legal Obligations:

We may disclose your personal information if required to do so by law or in response to valid requests by public authorities.

Data Security:

We use a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind

Data Security and PCI Compliance:

We use a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secure networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential.

All sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We comply with PCI (Payment Card Industry) standards to ensure your payment information is handled safely and securely.

Our website uses HTTPS to secure your information during transmission.