Terms and Conditions
Welcome to this ClubConnect website (“Site(s)”), which are owned and operated by the ClubConnect, LLC, located at 355 E. Germann Road, Suite 201, Gilbert, AZ 85297, USA (“ClubConnect”). These Terms and Conditions (“Terms”) apply to all users of the ClubConnect systems, including our Clients and their employees (“Authorized Users”) and any Credentialing Agencies and Content Providers) that are provided access to our systems (all together “Users” and, when references an User, “you”).
PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND CLUBCONNECT, AND GOVERNS YOUR ACCESS TO AND USE OF OUR SERVICES. BY ACCESSING OR OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND YOU PROVIDE YOUR CONSENT TO ALLOW YOUR PERSONAL DATA TO BE COLLECTED AND HOSTED IN THE UNITED STATES.
These Terms bind you to the terms and conditions set forth herein in connection with your use of ClubConnect’s products, content, software, platforms, websites, mobile applications, or other offerings (collectively, our "Services"). If you do not agree to all these Terms, do not use the ClubConnect Services.
All Terms and Conditions herein may include educational and motivational content developed by independent third-party content developers and content providers and/or by ClubConnect’s Customers and their managers and administrators, who provide recorded instruction and learning services via our Services.
ClubConnect also provides a system to verify and track your credentials as well as those of your colleagues (the “Verification System”). Credentials may be verified directly by the Credentialing Agency or by our Clients.
As a user of ClubConnect, you may also receive offers or opportunities from ClubConnect’s sister companies, National Academy of Sports Medicine (“NASM’) and Athletics and Fitness Association of America (“AFAA”). If you take advantage of these opportunities, you will be subject to the Terms and Conditions found on those websites.
In order to use our ClubConnect Services, you need to be an Authorized User – a current employee of, or trainer associated with, a ClubConnect Client. If you leave one employer and move to another employer, your information will not be transferred from one ClubConnect Client to another, unless, under certain circumstances, your new employer is an affiliate of your former employer.
You may only access the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services.
To use certain Services, you will need to register and obtain an account and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, network management and other services. You are solely responsible for maintaining the confidentiality of your account, UserName, and password (collectively, your "Account") and for all activities associated with or occurring under your Account. You represent and warrant that your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of your Account and any other breach of security, and (b) ensure that you exit from your Account at the end of each use of the Services. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your Account, either with or without your knowledge, prior to you notifying us of unauthorized access to your Account.
As an Authorized User, you represent, warrant and covenant that:
- You agree to allow ClubConnect to access your credential information by contacting the various entities and agencies that issue such credentials.
- You are over the age of 18, or, if not, you will only use the Services with the involvement, supervision, and approval of a parent or legal guardian. Children under the age of 13 may not register for an Account or use our Services.
- You will not copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any ClubConnect Content or the Services except as permitted by these Terms or the relevant Instructor as applicable.
- When you provide information through the Services, you agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, or conceal your identity for any purpose.
- You will not transfer or share your Account to any other person.
- You will not use another person’s Account at any time, even if the owner of that account has given you access to the Account.
- You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services.
- You will not solicit personal information from any individual, including other Authorized User, in using our Services.
- ClubConnects’s Services are not provided to you for redistribution or resale under this Agreement and you agree that you will not and will not attempt to resale or redistribute our Services.
ClubConnect reserves the right to revoke your Account and your access to the Services if you violate any of the above provisions. We reserve the right to report your misconduct to our Client, your employer, and where appropriate to the credentialing bodies from which we received verification information. To the extent that any such violation is or may a violation of law, we reserve the right to report such conduct to appropriate law enforcement.
4. Intellectual Property
You understand and agree that ClubConnect’s Services constitute intellectual property and proprietary material that is owned by ClubConnect, its affiliates, or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this Agreement are reserved by ClubConnect and its licensors. ClubConnect’s company and product names and acronyms and other ClubConnect trademarks, service marks, graphics, and logos used in connection with ClubConnect’s Services are trademarks or registered trademarks of ClubConnect in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with ClubConnect’s Services may be the trademarks of their respective owners. ClubConnect and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos.
You agree to abide by all copyright notices and restrictions contained on this or any website of ClubConnect, on ClubConnect’s Services and in accordance with this Agreement. You may not copy, distribute, enter into a database, display, perform, create derivative works, translate, or transmit any content contained in ClubConnect’s Services, except that you may download one copy of any ClubConnect materials accessible online only for your personal use and so long as you comply with the terms of this Agreement. All ClubConnect Services are provided for your own personal, non-commercial use. You may not alter the text or remove any trademark or other notice displayed on ClubConnect’s Services. All rights are reserved. ClubConnect’s logos, trademarks, and service marks (together, "Marks"), are owned by ClubConnect. You may not use the Marks without the prior written approval of ClubConnect.
5. Content, Licenses & Permissions
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content."
Where ClubConnect provides Content to you in connection with the Services, including, without limitation, the software, the products and the site, is owned by ClubConnect or its licensors "ClubConnect Content". Content uploaded, transmitted or posted to the Services by a User is "Submitted Content". Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws.
ClubConnect hereby grants you (as an Authorized User) a limited, non-exclusive, non-transferable license to access and use ClubConnect Content, which your employer has purchased on your behalf, solely for your personal, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with particular Courses or Services. All other uses are expressly prohibited absent our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any ClubConnect Content or the Submitted Content of others unless we give you explicit permission to do so. ClubConnect Content and the Submitted Content of others is licensed, and not sold, to you.
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
We reserve the right to revoke this license to access and use of ClubConnect Content or Submitted Content granted to you as described above. If we revoke your access due to your misconduct, we reserve the right to report your misconduct to our Client, your employer, and where appropriate to the credentialing bodies from which we received verification information. To the extent that any such violation is or may a violation of law, we reserve the right to report such conduct to appropriate law enforcement.
6. Information You Provide or Post
If you add Submitted Content, you represent and warrant that you have all licenses, rights, consents, and permissions necessary to such Submitted Content and you hereby grant ClubConnect all licenses necessary to host and publish such Submitted Content and you shall indemnify ClubConnect against any infringement claim that arises with respect to your Submitted Content. If you believe that your Submitted Content violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is your responsibility to take such steps you deem necessary to correct the situation.
Except for information which ClubConnect expressly agrees to treat confidential, any communication, material or information that you transmit or post to our Sites will be deemed non-confidential. You agree that your Submitted Content will be accessible and viewed by others. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through ClubConnect platforms or sites any of the following:
- Submited Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, racist, sexist, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Submitted Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations concerning privacy;
- Submitted Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Submitted Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking off of our platforms or sites, or collecting names and emails addresses for the purpose of sending unsolicited emails;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- Submitted Content that, in the sole judgment of ClubConnect, is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose ClubConnect or its users to any harm or liability of any type.
This list of prohibitions provides examples and is not complete or exclusive.
By posting any Submitted Content, you represent and warrant that you have the lawful right to distribute and reproduce such Submitted Content. Any use of our Services or ClubConnect Content in violation of these Terms, including the foregoing, may result in, among other things, termination or suspension of your rights to use our Services or ClubConnect Content. We reserve the right to report your misconduct to your employer, and where appropriate to the credentialing bodies from which we received verification information. To the extent that any such violation is or may a violation of law, we reserve the right to report such conduct to appropriate law enforcement.
Also, by posting any information or material on our platforms, sites, or Services you grant ClubConnect a perpetual, royalty-free license to use, display, reproduce, distribute, modify, and make publicly available such material or information for any commercial or non-commercial use.
You may decide to send us unsolicited ideas, including ideas for new promotions, products, services, applications, technologies or processes or other ideas (collectively, "User Ideas"). You must not transmit any User Ideas to or through the Services, or to us through e-mail, that you consider to be confidential or proprietary. You agree that we shall not be required to treat any User Ideas as being confidential or proprietary. You agree that by submitting User Ideas to us, including any concepts, know-how or ideas, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the User Ideas in connection with the Services, and for ClubConnect's (and its successor's, if any) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or others. We are under no obligation to evaluate, review, or use any User Idea.
Disclaimer of Warranties
CLUBCONNECT’S SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, AND CLUBCONNECT HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ALL SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES ARE ENTIRELY AT YOUR OWN RISK. No oral or written statement by any ClubConnect employee or representative shall create a warranty or modify this section. Certain jurisdictions do not permit the exclusion of implied warranties, so the forgoing exclusion may not apply to you.
YOU EXPRESSLY AGREE THAT your use of, or your inability to use, ClubConnect’s Services is at your sole risk. ClubConnect does not warrant for the accuracy or completeness of any information, text, graphic, links or other items contained within the ClubConnect’s Services or for any errors, omissions, or any outcomes related to your use of ClubConnect’s Services. ClubConnect takes precautions to protect itself against, but makes no warranties respecting, any harm that may be caused by the transmission of a computer virus, worm or other system or network infection or attack. ClubConnect does not guarantee that your use of ClubConnect’s Services will be error-free or uninterrupted.
Disclaimer: Verification Information
ClubConnect may reach out to providers of credentials to verify your current status with such providers based on the information you provide to your employer and provide the results of such verification efforts to your employer. ClubConnect makes not representations or warranties and assumes no liability regarding the accuracy or completeness of the information it receives, rom credential providers or for any outcomes related to such information. If you dispute the information obtained by ClubConnect, you must reach out to the credential provider to have their records corrected.
Disclaimer: Employer Content and Personnel
ClubConnect makes no representations or warranties and assumes no liability regarding the background, suitability or qualifications of the authors of content provided by your employer on the ClubConnect platforms or website (“Employer Content”). Your use of Employer Content is at your sole risk. ClubConnect does not warrant for the accuracy or completeness of any information, text, graphic, links or other items contained within the Employer Content hosted by ClubConnect on its platforms or for any errors, omissions, or any outcomes related to your use of such Employer Content.
ClubConnent is not liable for any matters that arise between you and your employer or any other representative of your employer, including instructors or fitness personnel that may be at your place of employment.
Disclaimer: Third Party Content
ClubConnect makes no representations or warranties and assumes no liability regarding the background, suitability or qualifications of the authors of who provide content, including continuing education or other coursework or Submitted Content, that is hosted in the ClubConnect Services (“Third Party Content”). Your use of Third Party Content is at your sole risk. ClubConnect does not warrant for the accuracy or completeness of any information, text, graphic, links or other items contained within the Third Party Content hosted by ClubConnect in its Services or for any errors, omissions, or any outcomes related to your use of such Third Party Content.
Disclaimer: Concerning Equipment
You and those with whom you work or to whom you provide exercise advice should always review the instructions and recommendations of the manufacturer of any exercise equipment before use, even equipment that appears in any ClubConnect Content or product, as the manufacturer’s instructions and recommendations may have changed since the publication of ClubConnect’s Content or product. YOU EXPRESSLY AGREE that ClubConnect is not responsible for harm that may arise from the use or misuse of any exercise equipment by you or any person to whom you provide exercise advice or instruction.
Disclaimer: No Provision of Professional Advice
ClubConnect, its licensors and contributors are not engaged in rendering medical, legal or other professional advice of services and the content, including Third Party Content, of ClubConnect’s Services or its platforms or websites and marketing materials are not intended to take the place of such advice. If such advice or other expert assistance is required, the service of a competent professional should be sought. Please consult a physician or other appropriate professional before using any of the information, services, products or other resources you may find in the content of ClubConnect’s Services or Third Party Content or ClubConnect’s websites and marketing materials, or other resources mentioned or made accessible through ClubConnect’s platforms and websites. ClubConnect does not endorse, sponsor or guarantee any of the information of others, including advertisers, Third Party Content providers or partners, that may be accessible or made available on its platforms or websites or in its marketing materials or posted by any users who are not officers, directors, employees, representatives or agents of ClubConnect.
10. Limitation of Liability
IN NO EVENT WILL CLUBCONNECT, ITS PARENT COMPANIES NOR ITS OR THEIR A SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES OR ITS OR THEIR LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF DATA, LOST PROFITS OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OUR SERVICES, INCLUDING UT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, CLUBCONNECT’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. In no event shall ClubConnect’s total liability to you for all damages exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails its essential purpose.
By using ClubConnect’s Services, you accept this Agreement and you agree that you will indemnify and hold ClubConnect and its parent companies and affiliated entities, its and their respective directors, officers, employees, agents, contractors, principals, and its licensors and suppliers and their respective parent companies, affiliated entities, directors, officers, employees and agents harmless in connection with any claim arising out of your breach of the terms of this Agreement, your use of ClubConnect’s Services, or any action taken by ClubConnect to protect its intellectual property, including, but not limited to, suspension or termination of your access to ClubConnect’s Services.
12. Nondiscrimination Policy
ClubConnect does not discriminate against any individual because of age, disability, gender, national origin, race, religion, sexual orientation, veteran status or any other protected class. ClubConnect endorses and adheres to the principles of equal opportunity.
13. Electronic Notices
By using our Services or communicating with ClubConnect or its employees, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services or these Terms. Notice will be deemed given twenty-four hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, ClubConnect may give you legal notice by mail to a postal address, if provided by you or your employer. In such case, notice will be deemed given three days after the date of mailing.
14. User of Links
We recognize the importance of protecting the privacy and safety of children. Our Services are not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Services and do not send any information about yourself to us. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.
16. Breach of this Terms
If you violate any of these Terms, ClubConnect reserves the right to terminate or suspend, in whole or in part, without notice, your access to our Services. We also reserve the right to seek relief and damages related to your breach as permitted by law.
18.1 ClubConnect reserves the right to update and modify these Terms and Conditions without advance notice to you and such changes will be effective immediately when posted on this site and will govern your continued use of ClubConnect’s Services.
18.2. This Agreement is governed by the laws of the State of Arizona, U.S.A., without giving effect to its conflict of law provision. Exclusive jurisdiction for any claim arising out of this Agreement will be in the courts of the State of Arizona, U.S.A. The parties each waive any rights to a jury trial for any claim or cause of action arising out of this Agreement. No ClubConnect employee or representative has any right or authority to modify, whether orally or in writing, the terms of this Agreement, unless such modification is in a written agreement signed by an authorized representative of each party.
18.3 This Agreement is the entire and exclusive agreement between ClubConncer and you regarding your use of ClubConnect’s Services and replaces any prior agreements between you and ClubConnect regarding the subject matter herein. If any part of this Agreement is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. ClubConnects's failure to enforce any right under this Agreement will not constitute a waiver of such right or of any other right under this Agreement. ClubConnect is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of ClubConnect’s control. This Agreement, and the license rights granted herein, are not assignable by you and any attempt to do so is of no force and effect.
18.4 ClubConnect reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that ClubConnect has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as ClubConnect believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ClubConnect’s right to cooperate with any legal process relating to your use of ClubConnect’s Services, and/or a third-party claim that your use of our Services is unlawful and/or infringes such third party's rights).
18.5 If you are from outside the United States, ClubConnect and you confirm that it is our mutual wish that this document and all other related documents be drawn up in English. If you are from Canada, here is the translation in French: ClubConnect et vous reconnaissent avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s’y rattachent.
Revised September 30, 2020