Terms of Use

1. ACCEPTANCE OF TERMS

Welcome to Prime Form ("Company," "we," "our," or "us"). Prime Form is run by The Bayshore Running Company, LLC, d/b/a Prime Form. These Terms of Use ("Terms") govern your access to and use of our website, mobile applications, and services (collectively, the "Services").

Please read these Terms carefully. By downloading, accessing, or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use our Services.

2. ELIGIBILITY

By using our Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an entity, you represent and warrant that you have authority to bind that entity to these Terms.

While we do not specifically market our Services to individuals under 18 years of age, we do not have specific safeguards in place to prevent minors from accessing our Services. If you are a parent or guardian and believe your child has accessed our Services, please contact us immediately.

3. ACCOUNT REGISTRATION

3.1 Account Creation

To access certain features of our Services, such as online Programs, you must register for an account through our website. When registering, you must provide accurate and complete information and promptly update this information to keep it current.

3.2 Account Responsibilities

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use of your account or any other breach of security

3.3 One Account Per User

You may maintain only one active account with our Services. Multiple accounts for the same individual are not permitted.

4. PROGRAMS AND PAYMENT TERMS

4.1 Paid Programs

Our Services include various online programs, for which we charge a fee ("Programs").

4.2 Billing and Payment

By providing payment information, you authorize us to immediately charge the Program fee to your chosen payment method. Payment processing is handled by third-party payment processors (which may include but are not limited to Wix Payments, Stripe, Apple Pay, or Google Pay).

4.3 Program Access and Expiration

Purchasing a Program does not give you lifetime access to that Program. Rather, you will only have online access to a purchased Program for the time period specified in the Program's online description as of the date of purchase ("Access Period"), subject to these Terms. For example, most, but not all, of our Programs come with a 1 year (52 week), 6 month (26 week), or 3 month (12 week) online Access Period. The Access Period begins on the date of purchase. You must create an account through our website and login to access your purchased Program(s). You will no longer be able to access a Program after the Access Period has expired. To continue using and accessing the Program and/or its related materials and Online Assets, you must purchase it again through our website.

4.4 Downloadable Materials

Certain assets may be or become become available for download through our website in connection with our Programs or Services, including but not limited to, PDFs, tracking logs, training schedules, etc. ("Online Assets").

Online Assets are provided for convenience measure only. You are responsible for downloading Online Assets when they are available to you. If you fail to do so, you will not have the ability or option to access or request access to such Online Assets at a later date.

By way of example, you must download any Program PDFs during the Access Period. You will not be able to access or download Online Assets after the Access Period has expired. You acknowledge that Company has no obligation to provide or grant access to Online Assets or any other Program materials after the expiration of the Access Period.

4.5 Modifications

We reserve the right to modify or revise our Services, Programs, Online Assets, prices, content, and Access Periods, at any time, in our sole discretion, and without notice.

4.6 No Refunds

All purchases are non-refundable. Once payment is processed, we do not offer refunds for any portion of your purchase. By purchasing a Program, you acknowledge and agree that you will not receive a refund.

4.7 Termination/Refusal of Access to Services

We reserve the right to modify, suspend, refuse, terminate, or discontinue your access to our Services and Programs (or any part of feature thereof) at any time if you violate these Terms, engage in conduct that disrupts our Company, our Services, or our customers, or otherwise act in a manner that we deem to be harmful, inappropriate, or inconsistent with our moral, social, or business standards. This includes, but is not limited to, harassing Company's current, former, or potential customers, misusing Services or Program materials, abusive or disruptive behavior, or any activity that interferes with the safe, effective, and efficient operation of our Company and Services.

We also reserve the right to modify, suspend, refuse, terminate, or discontinue your access to our Services and Programs (or any part of feature thereof) at any time if you engage in conduct that, in our reasonable judgment, reflects poorly on the integrity, safety, or reputation of our Company, our Services, our Programs, or our customers. Such conduct may include, without limitation, criminal behavior, convictions for crimes, or other actions indicating that you may pose a risk to the community or the safe, effective, and efficient operation of our Company and Services.

Any decision to refuse, suspend, modify, or terminate access under this section shall be made at Company's sole discretion and may occur without prior notice where Company determines such action is appropriate.

5. CONTENT AND INTELLECTUAL PROPERTY

5.1 Ownership of Services

The Services, including all content, Programs, Online Assets, features, functionality, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof, are owned by the Company, its licensors, or other providers and are protected by copyright, trademark, and other intellectual property laws.

5.2 License to Use Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use only.

5.3 Restrictions

You may not:

Reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, transmit, sell, rent, or lease any content from our Programs or Services
Use any portion of our Programs or Services for commercial purposes
Attempt to decompile, reverse engineer, or disassemble any portion of our Programs or Services
Remove any copyright or other proprietary notices from our Programs or Services
Transfer Program or Service materials to another person or "mirror" the materials on any other server
Share your account credentials with others or allow others to access your account

5.4 User Content

You retain ownership of any content you submit, post, or display on or through the Services or post on social media ("User Content"). By providing or posting User Content relating to Prime Form, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in connection with providing and promoting our Services.

6. USER CONDUCT

6.1 Prohibited Activities

You agree not to:

Use the Services in any way that violates any applicable law or regulation
Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
Interfere with or disrupt the Services or servers or networks connected to the Services
Use the Services to transmit any computer viruses, malware, or any code designed to harm or alter a computer system
Attempt to gain unauthorized access to any parts of the Services
Use the Services to collect or store personal data about other users without their consent
Share account access or transfer your account to any other person
Use the Services in a manner that could damage, disable, overburden, or impair the site

6.2 Fitness Advice

Any fitness or exercise programs provided through our Services is for informational and educational purposes only. You should consult with a healthcare professional before beginning any exercise program.

7. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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.

THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

You further acknowledge that individual results will vary and that Company does not guarantee any results in connection with our Programs or Services.

8. LIMITATION OF LIABILITY AND ASSUMPTION OF RISK

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, OWNERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES OR PROGRAMS, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

YOU AGREE TO USE OUR SERVICES AND PROGRAMS AT YOUR OWN RISK. YOU ASSUME THE RISK OF ALL FORESEEABLE AND UNFORESEABLE HEALTH AND MEDICAL PROBLEMS THAT MAY DIRECTLY OR INDIRECTLY ARISE FROM THE USE OR CONTINUED USE OF OUR SERVICES AND PROGRAMS.

9. DISCLAIMER: ALL ADVICE IS FOR INFORMATIONAL PURPOSES ONLY

THE INFORMATION PROVIDED THROUGH OUR PROGRAMS AND SERVICES IS NOT MEDICAL ADVICE AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR BEFORE BEGINNING ANY EXERCISE PROGRAM.

BY USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH PARTICIPATING IN ALL TRAINING PROGRAMS, INCLUDING OUR PROGRAMS, AND THAT COMPANY IS NOT RESPONSIBLE FOR ANY INJURIES, HEALTH PROBLEMS, OR DAMAGES YOU MAY EXPERIENCE AS A RESULT OF OUR SERVICES OR PROGRAMS. YOU FURTHER ACKNOWLEDGE THAT NO STATEMENTS MADE IN CONNECTION WITH OUR SERVICES HAVE BEEN EVALUATED BY A MEDICAL DOCTOR, THE FDA, OR ANY OTHER GOVERNMENTAL OR REGULATORY BODY. FURTHER, NO STATEMENT MADE BY COMPANY IS INTENDED TO DIAGNOSE, PREVENT, OR CURE ANY DISEASE OR INJURY.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, owners, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

11. MODIFICATION OF TERMS

We may revise and update these Terms from time to time at our sole discretion, and without notice to you. All changes are effective immediately when we post them. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to check back and read these Terms from time to time and review any updates.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule.

12.2 Venue

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services that is not subject to arbitration shall be instituted exclusively in courts of Florida, Hillsborough County. You waive any and all objections to the exercise of jurisdiction over you by such court and to venue in such court.

12.3 Alternative Dispute Resolution

Any dispute arising from or relating to these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA), except that you may assert claims in small claims court if your claims qualify.

The arbitration will be conducted in Hillsborough County, Florida, unless you and the Company agree otherwise. Each party will be responsible for their own arbitration costs, but if you cannot afford to pay your arbitration costs, you may apply for a fee waiver under AAA rules.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason this arbitration agreement is found unenforceable, you and the Company agree to the exclusive jurisdiction of the courts of Florida, Hillsborough County.

Notwithstanding the foregoing, you and the Company agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either party's right to seek injunctive relief or other equitable remedies on an individual basis in a court of competent jurisdiction.

12.4 Class Action Waiver

To the fullest extent permitted by applicable law, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or our relationship shall be brought solely on an individual basis and not as part of any purported class, collective, consolidated, representative, or private attorney general action.

You hereby waive any right to participate as a plaintiff or class member in any class action, collective action, or representative proceeding against the Provider in any court or arbitration forum.

The parties further agree that any dispute resolution proceeding shall be conducted only on an individual basis, and that no arbitrator or court shall have authority to consolidate claims of multiple persons or preside over any form of class, collective, or representative proceeding.

If any portion of this class action waiver is determined to be unenforceable under applicable law, then only that portion shall be severed, and the remainder of this section shall remain in full force and effect to the maximum extent permitted by law.

13. MEMBERSHIP COMMUNICATION CONSENT

By providing us with your email address, you agree to receive emails and communications from Prime Form, as well as our affiliates, related entities and persons, employees, owners, officers, directors, as well as third parties. You may opt out of marketing emails at any time by clicking the "unsubscribe" link included in any email you receive.

14. MISCELLANEOUS

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and the Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, statements, representations, and warranties.

14.2 Waiver

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

14.3 Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

14.4 Assignment

These Terms are personal to you and may not be assigned or transferred by you without our prior written consent. We may freely assign or transfer these Terms without restriction.

14.5 Force Majeure

We will not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control, including, without limitation, internet or platform disruption, acts of God, pandemic, epidemic, war, civil unrest, or natural disaster.

15. CONTACT INFORMATION

For questions about these Terms, please contact us at:

Email: john@primeform.training