This Agreement is intended to establish the contractual rights and obligations between Training Think Tank and each User concerning access to the Website, purchase of Products and Services, participation in coaching and Events, and all related commercial transactions.
ARTICLE I
DEFINITIONS
1.1 Purpose
The capitalized terms set forth below shall have the meanings assigned to them throughout this Agreement unless the context clearly indicates otherwise. Singular terms include the plural, and vice versa, where appropriate.
1.2 "Agreement"
"Agreement" means this Master Services Agreement, Website Terms of Use, Conditions of Sale, together with any policies, guidelines, notices, waivers, releases, or other documents expressly incorporated herein by reference, as each may be amended from time to time.
1.3 "Company"
"Company," "Training Think Tank," "TTT," "we," "our," and "us" mean Training Think Tank, LLC, together with its parents, subsidiaries, affiliates, successors, assigns, officers, directors, employees, coaches, contractors, volunteers, agents, licensors, and authorized representatives, unless the context requires otherwise.
1.4 "Website"
"Website" means www.trainingthinktank.com, together with any successor domain, subdomain, microsite, landing page, online storefront, mobile website, member portal, athlete portal, coach portal, learning management system, or other website owned or operated by the Company.
1.5 "Services"
"Services" means every product, service, program, membership, subscription, consultation, event, coaching service, educational offering, software feature, digital resource, or other benefit made available by Training Think Tank, whether currently offered or introduced in the future.
Services include, without limitation:
1.6 "Customer"
"Customer" means any person or entity purchasing, subscribing to, accessing, registering for, or otherwise using the Services.
1.7 "User"
"User" means every visitor, customer, athlete, participant, subscriber, member, coach, instructor, volunteer, affiliate, or other individual accessing any portion of the Services.
1.8 "Participant"
"Participant" means any individual who attends or participates in:
1.9 "Athlete"
"Athlete" means any individual participating in a fitness, health, performance, or athletic training program provided by Training Think Tank.
1.10 "Coach"
"Coach" means any employee, contractor, consultant, educator, instructor, mentor, or other individual authorized by Training Think Tank to provide coaching or educational services.
1.11 "Content"
"Content" means all materials made available by the Company, including but not limited to:
1.12 "Digital Products"
"Digital Products" means any electronically delivered product, including:
1.13 "Membership"
"Membership" means any recurring subscription or access plan providing ongoing access to one or more Services offered by Training Think Tank.
1.14 "Subscription"
"Subscription" means any automatically renewing billing arrangement under which recurring payments are charged in exchange for continuing access to Services.
1.15 "Intellectual Property"
"Intellectual Property" includes all copyrights, trademarks, service marks, trade dress, trade names, logos, patents, patent applications, trade secrets, confidential information, know-how, programming methodologies, coaching systems, educational systems, proprietary processes, software, source code, databases, content, documentation, and all other proprietary rights recognized under applicable law.
1.16 "User Content"
"User Content" means any information submitted by a User through the Services, including comments, photographs, videos, workout recordings, testimonials, messages, emails, social media submissions, competition results, progress updates, and other materials.
1.17 "Force Majeure Event"
"Force Majeure Event" means any event beyond the reasonable control of the Company, including natural disasters, severe weather, floods, hurricanes, earthquakes, wildfires, epidemics, pandemics, governmental orders, labor disputes, war, terrorism, civil unrest, utility failures, internet outages, cyberattacks, transportation disruptions, supply chain interruptions, or failures of third-party service providers.
1.18 Interpretation
Unless the context clearly requires otherwise:
ARTICLE II
ACCEPTANCE OF AGREEMENT
2.1 Acceptance of Agreement
This Master Services Agreement, Website Terms of Use, and Conditions of Sale (the "Agreement") governs all access to and use of the Website and all Services provided by Training Think Tank.
By accessing the Website, creating an Account, purchasing any Product or Service, enrolling in any coaching program, registering for an Event, downloading any Digital Product, submitting payment, clicking any button indicating acceptance, or otherwise using any portion of the Services, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement.
If you do not agree to every provision of this Agreement, you must immediately discontinue use of the Website and all Services.
2.2 Incorporation of Additional Policies
The following documents are incorporated into this Agreement by reference and form part of this Agreement as though fully set forth herein:
In the event of a conflict between this Agreement and a more specific agreement governing a particular Service, the more specific agreement shall control solely with respect to that Service.
2.3 Electronic Acceptance
You agree that:
constitutes your legally binding electronic signature.
You waive any argument that this Agreement is unenforceable solely because it was accepted electronically.
Electronic records maintained by Training Think Tank shall constitute prima facie evidence of your acceptance.
2.4 Authority
If you enter into this Agreement on behalf of:
you represent and warrant that you possess full authority to bind that entity.
2.5 Age Requirements
You represent that:
Training Think Tank reserves the right to require proof of age or proof of parental consent.
2.6 International Users
The Services may be accessed from jurisdictions outside the United States.
You acknowledge that:
2.7 Modifications to Agreement
Training Think Tank reserves the right to modify this Agreement at any time.
Material changes shall become effective upon posting to the Website or upon such later effective date as specified.
Continued use of the Services following the effective date of revised Terms constitutes acceptance of the revised Agreement.
If you do not agree with any revision, your exclusive remedy is to discontinue use of the Services.
2.8 Entire Agreement
This Agreement constitutes the complete understanding between you and Training Think Tank regarding the Website and Services and supersedes all prior oral or written communications relating thereto, except for written agreements executed separately by both parties.
2.9 Reservation of Rights
Any rights not expressly granted to Users under this Agreement are reserved exclusively by Training Think Tank.
No implied licenses are granted.
ARTICLE III
ELIGIBILITY TO PURCHASE SERVICES
3.1 General Eligibility
To purchase, subscribe to, enroll in, register for, or otherwise obtain Services, you represent and warrant that:
3.2 Company Discretion
Training Think Tank reserves the absolute right, in its sole discretion and without liability, to:
whenever Training Think Tank reasonably determines such action to be in its legitimate business interests or necessary to protect the safety, integrity, reputation, or operation of its Services.
3.3 No Obligation to Continue Services
Training Think Tank may discontinue, modify, replace, suspend, or permanently remove any Product or Service without prior notice.
Nothing in this Agreement guarantees the continued availability of any specific coach, course, programming track, Event, feature, digital product, certification, or Membership.
ARTICLE IV
ACCESS TO THE WEBSITE AND USER ACCOUNTS
4.1 Limited Right of Access
Subject to your continued compliance with this Agreement, Training Think Tank grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Website and Services solely for your own lawful personal or internal business purposes.
This license does not transfer any ownership interest in the Website, Services, or any Content.
Except as expressly provided herein, no rights are granted by implication, estoppel, or otherwise.
4.2 Account Registration
Certain Services require registration.
When creating an Account, you agree that:
Training Think Tank may require verification of identity before granting or restoring access.
4.3 Account Security
You are solely responsible for maintaining the confidentiality of:
You agree to immediately notify Training Think Tank of any suspected unauthorized access.
Training Think Tank shall not be liable for losses resulting from your failure to safeguard your credentials.
4.4 Responsibility for Account Activity
You are responsible for all activities occurring under your Account, regardless of whether such activity was authorized by you.
This responsibility includes, without limitation:
4.5 Sharing Accounts
Accounts are licensed to the registered User only.
Unless expressly authorized in writing by Training Think Tank, you may not:
Violation of this Section constitutes a material breach of this Agreement.
4.6 Company Access
Training Think Tank reserves the right to access User Accounts when reasonably necessary to:
4.7 Suspension
Training Think Tank may immediately suspend or restrict access where it reasonably believes:
4.8 Termination
Training Think Tank reserves the right to terminate any Account immediately for:
Termination shall not relieve you of any payment obligations that accrued before termination.
4.9 Survival
The following obligations survive termination:
ARTICLE V
ORDERS, PURCHASES, AND CONDITIONS OF SALE
5.1 Scope
This Article governs the purchase of all Products and Services offered by Training Think Tank, including but not limited to coaching services, nutrition coaching, memberships, subscriptions, camps, seminars, certifications, educational courses, digital products, merchandise, consultations, event registrations, and any other products or services made available through the Website or otherwise.
5.2 Offer and Acceptance
The display of any Product or Service on the Website constitutes an invitation to submit an order and not an offer to sell.
Submission of an order does not create a binding agreement.
An order is accepted only when:
5.3 Right to Refuse Orders
To the fullest extent permitted by applicable law, Training Think Tank reserves the right to refuse, reject, limit, cancel, or modify any order before or after payment for legitimate business reasons, including but not limited to:
If an order is cancelled before fulfillment and payment has been collected, Training Think Tank will refund any amounts paid for the cancelled portion of the order unless otherwise agreed with the customer.
5.4 Pricing
All prices are listed in United States Dollars (USD) unless expressly stated otherwise.
Training Think Tank may modify prices at any time without prior notice.
Price changes shall not affect completed purchases but may apply to:
5.5 Taxes
Prices do not include applicable taxes unless expressly stated.
You are responsible for all applicable:
5.6 Payment Methods
Training Think Tank may accept payment through one or more third-party payment processors, including Stripe, PayPal, Shop Pay, Apple Pay, Google Pay, or other approved payment methods.
You represent and warrant that:
5.7 Authorization to Charge
By providing payment information, you authorize Training Think Tank and its designated payment processors to charge your payment method for:
This authorization remains effective until cancelled in accordance with this Agreement.
5.8 Promotional Offers
Training Think Tank may offer promotional pricing, discounts, coupon codes, referral incentives, introductory offers, or limited-time pricing.
Unless expressly stated otherwise:
5.9 Digital Delivery
Digital Products are deemed delivered when they are made available through:
Failure to download or access a Digital Product after delivery does not affect the status of delivery.
5.10 Merchandise Availability
Merchandise availability is not guaranteed.
Training Think Tank reserves the right to discontinue products, substitute comparable products where appropriate, or cancel merchandise orders when inventory is unavailable.
If a merchandise order cannot be fulfilled, Training Think Tank will notify the customer and provide an appropriate remedy, such as a refund or replacement, as determined by the circumstances.
5.11 Risk of Loss
Risk of loss and title for physical merchandise pass to the purchaser upon delivery to the shipping carrier, except where applicable law provides otherwise.
Training Think Tank is not responsible for delays or losses caused by carriers after shipment, although it may assist customers in resolving shipping issues.
5.12 Reservation of Rights
Nothing contained in this Article obligates Training Think Tank to continue offering any Product or Service, maintain any particular pricing, or provide any Product or Service indefinitely.
Training Think Tank reserves the right to discontinue, replace, or modify any Product or Service at its discretion, subject to applicable law and any contractual obligations already accepted.
ARTICLE VI
MEMBERSHIPS, SUBSCRIPTIONS, AND RECURRING SERVICES
6.1 Scope
This Article governs all recurring Services offered by Training Think Tank, including but not limited to:
6.2 Subscription Services
Certain Services are provided on a recurring subscription basis.
Unless expressly stated otherwise in writing at the time of purchase, subscriptions automatically renew at the end of each billing cycle until cancelled in accordance with this Agreement.
The length of each billing cycle shall be identified during checkout or enrollment.
6.3 Automatic Renewal Authorization
By purchasing a Subscription, you expressly authorize Training Think Tank and its designated payment processor to automatically charge your selected payment method for each renewal period until your Subscription is cancelled.
Recurring charges may include:
6.4 Customer Responsibility
You are solely responsible for:
Failure to maintain current payment information shall not constitute cancellation of a Subscription.
6.5 Subscription Cancellation
Unless otherwise stated in a separate written agreement, a Subscription may be cancelled through the method designated by Training Think Tank, such as your online account, customer support, or another published cancellation process.
Cancellation becomes effective at the end of the then-current billing period unless otherwise required by law or expressly stated by the Company.
Cancellation does not entitle the customer to a refund for fees already paid.
6.6 Coaching Availability
Training Think Tank will make reasonable efforts to provide coaching services consistent with the purchased Service.
However, the Company reserves the right to:
provided that the overall Service purchased continues to be provided.
The substitution of a coach shall not, by itself, constitute grounds for cancellation or refund.
6.7 Temporary Suspension of Services
Training Think Tank may temporarily suspend access to Services due to:
Reasonable efforts will be made to restore Services promptly.
6.8 Customer-Initiated Pauses
If Training Think Tank offers the ability to pause certain recurring Services, eligibility, duration, and conditions for such pauses shall be determined solely by the Company's then-current policies.
Unless expressly approved by Training Think Tank in writing, Subscription obligations continue during requested pauses.
6.9 Company-Initiated Suspension
Training Think Tank may suspend or restrict access to any Subscription or Membership where reasonably necessary due to:
Such suspension does not relieve the customer of payment obligations that accrued before the suspension.
6.10 Changes to Subscription Services
Training Think Tank may improve, modify, discontinue, replace, or update Subscription Services from time to time.
Examples include:
These modifications do not constitute a breach of this Agreement provided the Company continues to provide substantially similar Services.
6.11 Subscription Pricing
Training Think Tank reserves the right to modify Subscription pricing for future billing cycles.
Where required by applicable law, reasonable advance notice will be provided before a price increase becomes effective.
Continued use of the Subscription after the effective date of the revised pricing constitutes acceptance of the new pricing.
6.12 No Guaranteed Availability
Training Think Tank does not guarantee that:
will remain available throughout the duration of a Subscription.
The Company may substitute equivalent resources as reasonably necessary.
ARTICLE VII
INDIVIDUALIZED COACHING SERVICES
7.1 Scope of Services
Training Think Tank offers individualized coaching programs designed to provide customized fitness, performance, nutrition, and educational guidance based on information provided by the Client.
Coaching Services may include, without limitation:
The specific scope of Coaching Services purchased shall be determined by the service package selected by the Client.
7.2 Nature of Coaching Relationship
Coaching Services are educational and consultative in nature.
Training Think Tank Coaches provide recommendations based upon the information available at the time recommendations are made.
The Client retains sole responsibility for:
7.3 Assignment of Coaches
Training Think Tank reserves the right to assign, reassign, substitute, or replace Coaches at any time due to:
Reasonable efforts will be made to provide continuity of service.
Assignment of a different Coach does not constitute a material change to the Coaching Services and shall not, by itself, entitle the Client to cancel the Agreement or receive a refund.
7.4 Client Responsibilities
The Client agrees to:
Failure to provide accurate information may limit the effectiveness of Coaching Services.
7.5 Communication
Coaching communication may occur through platforms designated by Training Think Tank, including email, messaging applications, coaching software, video review systems, or other approved communication methods.
Training Think Tank may modify communication platforms at any time.
7.6 Response Times
Training Think Tank strives to respond to Client communications promptly.
Any published response times are service goals only and are not guaranteed contractual service levels.
Response times may vary due to:
7.7 Programming Adjustments
Programming recommendations are based upon information provided by the Client.
The Client acknowledges that:
7.8 Video Review
Where included within the purchased Coaching Service, Clients may submit videos for movement analysis.
Training Think Tank will provide educational feedback intended to improve technique.
The Client remains solely responsible for:
7.9 Competition Coaching
Competition preparation may include recommendations regarding:
Competition outcomes depend upon numerous factors beyond Training Think Tank's control.
Accordingly, no guarantee is made regarding:
7.10 Missed Check-ins
If the Coaching Service includes scheduled check-ins, failure of the Client to participate does not extend the Coaching term or create entitlement to additional sessions unless expressly agreed in writing by Training Think Tank.
7.11 Coach Availability
Training Think Tank may reasonably modify:
without breaching this Agreement.
7.12 No Professional Medical Services
Coaches are not acting as physicians, physical therapists, psychologists, licensed dietitians (unless specifically identified and engaged in that capacity), or other licensed healthcare providers merely by providing Coaching Services.
Clients should consult appropriate healthcare professionals regarding diagnosis or treatment of medical conditions.
7.13 Ownership of Programming
All programming, assessments, educational materials, written feedback, video analysis, spreadsheets, templates, movement progressions, and other coaching materials remain the exclusive intellectual property of Training Think Tank.
The Client receives a limited, revocable, non-transferable license to use such materials solely for their personal, non-commercial use.
7.14 Unauthorized Distribution
The Client shall not, without prior written consent of Training Think Tank:
any Coaching materials.
This restriction includes sharing programming with:
7.15 Client Feedback
Training Think Tank welcomes Client feedback regarding Coaching Services.
Unless otherwise agreed in writing, suggestions, recommendations, ideas, or feedback submitted by Clients may be used by Training Think Tank to improve its Services without compensation to the Client.
ARTICLE VIII
NUTRITION COACHING SERVICES
8.1 Scope of Nutrition Coaching
Training Think Tank may offer nutrition coaching, education, accountability, meal planning guidance, habit coaching, lifestyle recommendations, supplement education, body composition support, and related wellness services (collectively, the "Nutrition Coaching Services").
The specific Nutrition Coaching Services provided shall be determined by the package purchased by the Client.
8.2 Educational Services Only
Nutrition Coaching Services are provided solely for educational and informational purposes.
Unless expressly stated otherwise in writing, Training Think Tank does not provide:
Clients should consult their physician or other qualified healthcare provider before making significant dietary changes.
8.3 No Physician–Patient or Dietitian–Patient Relationship
Participation in Nutrition Coaching Services does not create:
unless expressly established under a separate written agreement by an appropriately licensed professional.
8.4 Client Responsibilities
The Client agrees to provide accurate and complete information regarding:
The Client further agrees to promptly notify the Nutrition Coach of any significant health changes during the coaching relationship.
8.5 Medical Conditions
Clients with diagnosed medical conditions, including but not limited to:
should seek guidance from their physician or other qualified healthcare provider before implementing nutritional recommendations.
Training Think Tank reserves the right to decline or discontinue Nutrition Coaching Services where appropriate to protect the health and safety of the Client.
8.6 Supplements
Training Think Tank may provide general educational information regarding dietary supplements.
The Company does not warrant or guarantee:
of any supplement.
Clients are solely responsible for determining whether any supplement is appropriate for their individual circumstances and for complying with applicable anti-doping rules if they compete in organized sport.
8.7 Body Composition Goals
Training Think Tank may assist Clients in pursuing goals relating to:
However, individual results vary significantly based upon factors including genetics, medical conditions, adherence, sleep, stress, training consistency, and other circumstances beyond the Company's control.
No guarantee is made regarding any specific body composition or performance outcome.
8.8 Client Compliance
Nutrition Coaching is collaborative.
The effectiveness of recommendations depends substantially upon the Client's consistency, honesty, communication, and adherence.
Failure to follow recommendations does not constitute a deficiency in the Services provided.
8.9 Communication
Nutrition Coaching communications may occur through:
The Company may modify communication platforms at any time.
8.10 Food Tracking Applications
Training Think Tank may recommend third-party applications or platforms for food logging, activity tracking, or progress monitoring.
Training Think Tank is not responsible for:
of any third-party application.
Use of such applications is subject to the terms and privacy policies of their respective providers.
8.11 Ownership of Nutrition Materials
All meal planning resources, educational materials, templates, habit guides, spreadsheets, written recommendations, videos, and related materials provided through Nutrition Coaching remain the exclusive intellectual property of Training Think Tank.
The Client receives only a limited, revocable, non-exclusive license to use such materials for personal, non-commercial purposes.
8.12 Prohibited Distribution
The Client shall not copy, reproduce, publish, distribute, sell, sublicense, upload, or otherwise disseminate any Nutrition Coaching materials without the prior written consent of Training Think Tank.
This prohibition includes the use of Nutrition Coaching materials to develop or support competing coaching services, educational products, or artificial intelligence systems.
8.13 Termination of Nutrition Coaching
Training Think Tank may suspend or terminate Nutrition Coaching Services where:
Termination under this Section shall not affect payment obligations accrued before termination.
8.14 No Guarantee of Outcomes
While Training Think Tank strives to provide evidence-informed nutrition guidance, the Company does not guarantee any specific outcome, including:
ARTICLE IX
CAMPS, SEMINARS, WORKSHOPS, CERTIFICATIONS, AND LIVE EVENTS
9.1 Scope
This Article governs all in-person, virtual, hybrid, and future educational events offered by Training Think Tank, including but not limited to:
(collectively, the "Events").
9.2 Registration
Registration for an Event is complete only when:
Training Think Tank may limit attendance for any Event.
9.3 Event Capacity
Many Events have limited capacity.
Registrations are accepted on a first-paid, first-confirmed basis unless otherwise specified.
Training Think Tank reserves the right to maintain waitlists and determine admission priorities.
9.4 Event Schedule
Published schedules are estimates only.
Training Think Tank reserves the right to modify:
without liability.
9.5 Instructor and Coach Substitutions
Training Think Tank may substitute:
at any time.
No refund shall be due solely because a specific instructor or coach is unavailable.
9.6 Venue Changes
Training Think Tank reserves the right to relocate any Event to another suitable venue.
Venue changes shall not constitute cancellation of the Event.
9.7 Workout Modifications
For athletic Events, Training Think Tank may modify:
when reasonably necessary.
9.8 Participant Conduct
Participants shall:
9.9 Removal From Event
Training Think Tank may immediately remove any participant for conduct that reasonably threatens the safety, experience, or operation of the Event.
Examples include:
Removal under this Section shall not entitle the participant to a refund.
9.10 Travel
Participants are solely responsible for:
Training Think Tank shall not be responsible for travel-related losses.
9.11 Weather
Events proceed rain or shine unless Training Think Tank determines otherwise.
Weather-related modifications do not constitute cancellation.
9.12 Photography and Video
Training Think Tank may photograph, film, livestream, or otherwise record any Event.
By attending an Event, the participant grants Training Think Tank an irrevocable, perpetual, worldwide, royalty-free license to use the participant's:
for marketing, educational, promotional, archival, and commercial purposes without additional compensation, except where prohibited by law.
9.13 Participant Recordings
Participants may not commercially record or distribute Event content without prior written permission.
Training Think Tank may prohibit recording in certain sessions.
9.14 Certification Programs
Completion of any certification program does not:
Training Think Tank reserves the right to revoke certifications for fraud, misconduct, or violations of this Agreement.
9.15 Event Merchandise
Training Think Tank may provide:
as part of Event registration.
Availability may vary.
Substitutions of equal or greater value may be made when reasonably necessary.
9.16 Event Cancellation by Training Think Tank
Training Think Tank reserves the right to postpone, reschedule, relocate, modify, or cancel an Event when reasonably necessary, including due to:
If Training Think Tank cancels an Event before it begins and does not offer a substantially similar replacement or rescheduled event, the participant will be entitled to a refund of the Event registration fee or another remedy offered by Training Think Tank, as applicable.
For clarity, Training Think Tank is not responsible for participants' travel, lodging, meals, wages, or other incidental or consequential expenses associated with an Event cancellation or rescheduling.
9.17 Event Changes Requested by Participants
Participant requests to transfer, defer, substitute, or change Event registrations may be accommodated at Training Think Tank's discretion and subject to the Company's then-current policies.
9.18 Assumption of Risk
Participation in Events involving physical activity is subject to the separate Participant Waiver and Release of Liability, which is incorporated into this Agreement by reference.
9.19 Governing Event Documents
In the event of any inconsistency between this Agreement and an Event-specific registration agreement or Event rules, the Event-specific document shall control solely with respect to that Event.
ARTICLE X
DIGITAL PRODUCTS, EDUCATIONAL CONTENT, AND INTELLECTUAL PROPERTY LICENSE
10.1 Scope
This Article governs all Digital Products and Educational Content offered by Training Think Tank, including but not limited to:
(collectively, the "Digital Products").
10.2 License Grant
Upon successful purchase and subject to continued compliance with this Agreement, Training Think Tank grants the Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the purchased Digital Products solely for the Customer's own personal, non-commercial use.
This license does not transfer ownership of any intellectual property.
10.3 Ownership
All right, title, and interest in and to the Digital Products remain exclusively vested in Training Think Tank.
Nothing contained in this Agreement shall be construed as:
10.4 Intellectual Property
Without limitation, Training Think Tank owns all intellectual property associated with:
10.5 License Restrictions
Except as expressly authorized by Training Think Tank in writing, Customers shall not:
10.6 Sharing Prohibited
Purchased Digital Products may not be shared with:
Each purchase authorizes use only by the individual purchaser unless expressly stated otherwise in writing.
10.7 Download Limits
Training Think Tank may impose reasonable limits on:
Such limits are intended to protect Company intellectual property.
10.8 Educational Purpose
Digital Products are provided solely for educational purposes.
Purchase of Digital Products does not create:
10.9 Updates
Training Think Tank may:
Digital Products at any time.
Customers acknowledge that future updates are not guaranteed unless expressly included with the purchased Product.
10.10 Certification Materials
Certification materials remain confidential.
Customers shall not:
10.11 Community Access
Where Digital Products include access to online communities, forums, discussion boards, Discord servers, Slack workspaces, or similar communities, Training Think Tank may suspend or terminate community access for violations of this Agreement or Community Guidelines.
Termination of community access does not affect payment obligations already incurred.
10.12 Security Measures
Training Think Tank may implement technical measures designed to protect its Digital Products, including:
Customers agree not to circumvent such measures.
10.13 Confidential Information
Certain Digital Products may contain proprietary information not generally available to the public.
Customers agree to maintain the confidentiality of such information and not disclose it to third parties without prior written consent from Training Think Tank.
10.14 Unauthorized Use
Unauthorized use of Digital Products constitutes a material breach of this Agreement and may result in one or more of the following actions, as appropriate:
10.15 Reservation of Rights
All rights not expressly granted in this Agreement are reserved by Training Think Tank.
No implied licenses are granted.
ARTICLE X
DIGITAL PRODUCTS, EDUCATIONAL CONTENT, AND INTELLECTUAL PROPERTY LICENSE
10.1 Scope
This Article governs all Digital Products and Educational Content offered by Training Think Tank, including but not limited to:
(collectively, the "Digital Products").
10.2 License Grant
Upon successful purchase and subject to continued compliance with this Agreement, Training Think Tank grants the Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the purchased Digital Products solely for the Customer's own personal, non-commercial use.
This license does not transfer ownership of any intellectual property.
10.3 Ownership
All right, title, and interest in and to the Digital Products remain exclusively vested in Training Think Tank.
Nothing contained in this Agreement shall be construed as:
10.4 Intellectual Property
Without limitation, Training Think Tank owns all intellectual property associated with:
10.5 License Restrictions
Except as expressly authorized by Training Think Tank in writing, Customers shall not:
10.6 Sharing Prohibited
Purchased Digital Products may not be shared with:
Each purchase authorizes use only by the individual purchaser unless expressly stated otherwise in writing.
10.7 Download Limits
Training Think Tank may impose reasonable limits on:
Such limits are intended to protect Company intellectual property.
10.8 Educational Purpose
Digital Products are provided solely for educational purposes.
Purchase of Digital Products does not create:
10.9 Updates
Training Think Tank may:
Digital Products at any time.
Customers acknowledge that future updates are not guaranteed unless expressly included with the purchased Product.
10.10 Certification Materials
Certification materials remain confidential.
Customers shall not:
10.11 Community Access
Where Digital Products include access to online communities, forums, discussion boards, Discord servers, Slack workspaces, or similar communities, Training Think Tank may suspend or terminate community access for violations of this Agreement or Community Guidelines.
Termination of community access does not affect payment obligations already incurred.
10.12 Security Measures
Training Think Tank may implement technical measures designed to protect its Digital Products, including:
Customers agree not to circumvent such measures.
10.13 Confidential Information
Certain Digital Products may contain proprietary information not generally available to the public.
Customers agree to maintain the confidentiality of such information and not disclose it to third parties without prior written consent from Training Think Tank.
10.14 Unauthorized Use
Unauthorized use of Digital Products constitutes a material breach of this Agreement and may result in one or more of the following actions, as appropriate:
10.15 Reservation of Rights
All rights not expressly granted in this Agreement are reserved by Training Think Tank.
No implied licenses are granted.
ARTICLE XI
ARTIFICIAL INTELLIGENCE, AUTOMATED ACCESS, DATA MINING, AND CONTENT PROTECTION
11.1 Purpose
Training Think Tank has invested substantial time, expertise, and financial resources in developing its coaching methodologies, educational systems, programming, digital products, assessments, certifications, and proprietary content.
This Article is intended to protect those proprietary assets from unauthorized automated collection, artificial intelligence training, machine learning, data mining, and other unauthorized commercial exploitation.
11.2 Artificial Intelligence
Without the prior written consent of Training Think Tank, no User may use any portion of the Services or Content to:
11.3 Automated Collection
Users shall not use:
to access, collect, reproduce, or analyze Company Content without prior written authorization.
11.4 Dataset Creation
No User may compile, aggregate, extract, download, archive, or otherwise collect Company Content for the purpose of creating:
11.5 Prompt Engineering
Users shall not submit Company Content to any artificial intelligence platform for the purpose of:
This restriction does not prohibit incidental personal use of small excerpts where such use is otherwise permitted by applicable law, provided the use does not result in redistribution or commercial exploitation of Company Content.
11.6 Commercial AI Products
Users may not use Company Content in connection with any product or service that:
11.7 Monitoring
Training Think Tank reserves the right to monitor reasonable indicators of unauthorized automated activity for purposes of:
Any monitoring will be conducted in accordance with applicable law and the Company's Privacy Policy.
11.8 Security Measures
Training Think Tank may implement technological measures intended to protect Company Content, including:
Users shall not attempt to bypass or interfere with such measures.
11.9 Reservation of Rights
Training Think Tank expressly reserves all rights relating to the use of its Content in connection with artificial intelligence, machine learning, data mining, and automated systems that are not expressly granted in this Agreement.
No permission to use Company Content for such purposes shall be implied.
11.10 Remedies
A violation of this Article constitutes a material breach of this Agreement.
Subject to applicable law, Training Think Tank may suspend or terminate access to the Services and pursue available contractual or legal remedies for unauthorized use of its Content.
ARTICLE XII
REFUNDS, CANCELLATIONS, CREDITS, TRANSFERS, AND CHARGEBACKS
12.1 Scope
This Article applies to every purchase made through Training Think Tank, including but not limited to:
12.2 General Refund Policy
Except where required by applicable law or expressly stated otherwise in writing by Training Think Tank, all sales are final.
Training Think Tank allocates coaching resources, reserves limited-capacity enrollment, incurs administrative expenses, and provides immediate access to proprietary content upon purchase. For these reasons, purchases are generally non-refundable.
Nothing in this Agreement limits any rights that cannot be waived under applicable consumer protection laws.
12.3 Coaching Services
Unless expressly stated otherwise in a separate written agreement:
12.4 Digital Products
Because Digital Products are delivered immediately and may be copied or retained after delivery:
Digital Products include, without limitation:
12.5 Camps, Seminars, Workshops, and Events
Unless otherwise stated in the Event-specific registration materials:
Training Think Tank may, in its sole discretion, permit transfers or credits under its published Event policies, but is under no obligation to do so.
12.6 Merchandise
Returns of physical merchandise are governed by the Company's published Return Policy.
Customized, personalized, clearance, or final-sale merchandise is not eligible for return unless required by applicable law or due to a manufacturing defect.
12.7 Circumstances That Do Not Qualify for a Refund
Except where required by applicable law, refunds will not be provided solely because of:
12.8 Company Cancellations
If Training Think Tank cancels a Product or Service before it is provided and does not offer a substantially similar replacement or rescheduled Service, the Company will provide an appropriate remedy, which may include a refund, credit, or transfer, depending on the circumstances.
Training Think Tank is not responsible for incidental or consequential expenses incurred by the customer, including travel, lodging, meals, wages, or other personal costs, unless required by applicable law.
12.9 Credits
Training Think Tank may, at its sole discretion, issue account credits in lieu of refunds.
Unless otherwise stated:
12.10 Transfers
Training Think Tank may allow transfers of Event registrations or coaching services where operationally feasible.
Approval of any transfer request is at the Company's sole discretion and may be subject to administrative fees or published eligibility requirements.
12.11 Subscription Cancellation
Subscriptions may be cancelled in accordance with Article VI.
Cancellation prevents future recurring charges but does not entitle the customer to a refund of fees already paid for the current billing period, except where required by applicable law.
12.12 Chargeback Policy
If you believe a billing error has occurred, you agree to contact Training Think Tank before initiating a chargeback or payment dispute.
Training Think Tank will make reasonable efforts to investigate and resolve legitimate billing concerns in good faith.
12.13 Improper Chargebacks
A chargeback may be considered inconsistent with this Agreement where, for example:
12.14 Investigation and Evidence
In responding to a payment dispute, Training Think Tank may rely upon and submit records reasonably related to the transaction, including:
12.15 Reservation of Rights
Nothing in this Article limits Training Think Tank's right to:
12.16 Good Faith
Training Think Tank values long-term customer relationships. While this Agreement establishes the Company's contractual policies, Training Think Tank may, in appropriate circumstances and at its sole discretion, provide accommodations or exceptions that do not constitute a waiver of these Terms or create an obligation to provide similar accommodations in the future.
ARTICLE XIII
MERCHANDISE, SHIPPING, AND RETURNS
13.1 Scope
This Article governs all physical products sold by Training Think Tank, including but not limited to:
(collectively, "Merchandise").
13.2 Product Availability
All Merchandise is offered subject to availability.
Training Think Tank reserves the right to:
13.3 Product Images
Product photographs, colors, graphics, and descriptions are intended to be representative only.
Because display settings vary among devices, Training Think Tank does not guarantee that colors, textures, finishes, or appearance will exactly match the Merchandise delivered.
Minor variations shall not constitute defects.
13.4 Sizing
Sizing charts are provided as a convenience.
Customers are responsible for selecting the appropriate size.
Training Think Tank is not responsible for sizing errors resulting from customer selection.
13.5 Athlete Support Merchandise
Certain Merchandise may identify or support individual athletes.
Where advertised, Training Think Tank may allocate a stated portion of proceeds to the designated athlete or athlete support program.
Such allocations shall be determined in accordance with the promotional terms applicable to the specific product.
13.6 Shipping
Shipping dates are estimates only.
Training Think Tank shall make commercially reasonable efforts to ship Merchandise promptly but does not guarantee shipment or delivery by any specific date unless expressly agreed in writing.
13.7 Shipping Carriers
Training Think Tank may utilize one or more third-party carriers.
Once Merchandise has been delivered to the carrier, delivery timing is controlled by the carrier.
Training Think Tank is not responsible for delays caused by:
13.8 Risk of Loss
Unless otherwise required by applicable law, risk of loss transfers to the purchaser upon delivery of the Merchandise to the shipping carrier.
13.9 Incorrect Shipping Information
Customers are responsible for providing complete and accurate shipping information.
Training Think Tank shall not be responsible for:
13.10 International Orders
International customers are responsible for:
Training Think Tank has no control over customs processing.
13.11 Returns
Returns are accepted only in accordance with the Company's published Return Policy.
Unless otherwise required by applicable law, returned Merchandise must:
13.12 Non-Returnable Merchandise
Unless required by applicable law, the following are not eligible for return:
13.13 Damaged Merchandise
Customers shall inspect Merchandise promptly upon delivery.
Claims for damaged or defective Merchandise should be reported within a reasonable period after delivery and include supporting photographs where requested.
Training Think Tank may require return of the Merchandise before issuing a replacement or refund.
13.14 Refused Deliveries
If a shipment is refused or returned due to customer action or inaction, the customer may be responsible for:
13.15 Promotional Merchandise
Promotional items provided without separate charge:
13.16 Reservation of Rights
Training Think Tank reserves the right to modify:
without prior notice.
ARTICLE XIV
USER CONTENT, COMMUNITY STANDARDS, AND ONLINE CONDUCT
14.1 Community
Training Think Tank provides online communities to encourage education, accountability, collaboration, and respectful discussion.
Participation is a privilege, not a right.
14.2 User Content
Users may submit:
Users remain responsible for the content they submit.
14.3 License to Company
By submitting User Content, you grant Training Think Tank a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, display, distribute, publish, and create derivative works from that User Content for operating, improving, promoting, and marketing the Services, subject to applicable law and any separate written agreement.
This license does not transfer ownership of your User Content.
14.4 Acceptable Conduct
Users shall not:
14.5 Removal of Content
Training Think Tank may remove or restrict access to User Content that reasonably violates this Agreement, applicable law, or the rights of others.
The Company is not obligated to monitor all User Content but reserves the right to do so where appropriate.
14.6 Community Suspension
Training Think Tank may suspend or terminate community access for repeated or serious violations of this Article.
Such action does not automatically entitle the User to a refund of any fees already paid.
14.7 User Responsibility
Users acknowledge that opinions expressed by other Users do not necessarily reflect the views of Training Think Tank.
The Company is not responsible for User-generated content, except to the extent required by applicable law.
ARTICLE XV
MEDICAL DISCLAIMER, HEALTH REPRESENTATIONS, AND NO GUARANTEE OF RESULTS
15.1 Educational Nature of Services
Training Think Tank provides educational, instructional, coaching, and informational Services relating to fitness, strength and conditioning, nutrition, athletic performance, mobility, recovery, and general wellness.
The Services are intended solely to assist Users in pursuing their individual health and performance goals and are not intended to replace professional medical advice or treatment.
15.2 No Medical Advice
Unless expressly stated otherwise in writing by an appropriately licensed healthcare professional acting within the scope of that professional's license, nothing provided by Training Think Tank constitutes:
Users should consult qualified healthcare professionals regarding questions about their individual medical condition.
15.3 Healthcare Provider Consultation
Users acknowledge that they are responsible for consulting an appropriate healthcare provider before:
15.4 User Responsibility
Each User remains solely responsible for determining whether participation in any Service is appropriate based upon that User's:
15.5 Health Information
Where a User provides health, injury, or performance information to Training Think Tank, the User represents that such information is accurate and complete to the best of the User's knowledge.
Users agree to promptly notify Training Think Tank of material changes that may affect participation in the Services.
15.6 Exercise Decisions
Training Think Tank may recommend exercises, movements, programming, nutritional strategies, or recovery methods.
The User retains sole responsibility for deciding whether to perform or implement any recommendation.
If a User experiences pain, dizziness, chest discomfort, loss of balance, shortness of breath, unusual swelling, neurological symptoms, or any other concerning condition, the User should discontinue participation and seek appropriate medical attention.
15.7 Assumption of Personal Responsibility
Each User voluntarily assumes responsibility for the decisions made regarding participation in the Services and acknowledges that fitness activities involve inherent risks.
For Users participating in physical activities, the Company's separate Participant Waiver and Release of Liability governs the allocation of risk and is incorporated into this Agreement by reference.
15.8 Supplements
Training Think Tank may discuss or recommend dietary supplements for educational purposes.
Training Think Tank does not warrant or guarantee:
of any supplement.
Users remain responsible for evaluating any supplement in consultation with appropriate healthcare professionals.
Competitive athletes remain responsible for compliance with all anti-doping rules applicable to their sport.
15.9 No Guarantee of Results
Individual results depend upon numerous variables beyond Training Think Tank's control, including but not limited to:
Accordingly, Training Think Tank makes no representation or warranty that any User will achieve:
15.10 Testimonials
Testimonials, reviews, success stories, before-and-after photographs, videos, social media posts, and other examples presented by Training Think Tank represent the experiences of individual participants.
Such examples are illustrative only and do not constitute guarantees or representations regarding the results that any other User may achieve.
15.11 Informational Content
Articles, blogs, podcasts, webinars, videos, newsletters, social media content, emails, and other informational materials published by Training Think Tank are intended solely for general educational purposes.
Users should not rely upon such materials as individualized medical, nutritional, or legal advice.
15.12 Third-Party Information
From time to time, Training Think Tank may reference third-party research, products, services, or resources.
Such references are provided for informational purposes only and do not constitute endorsements or guarantees regarding the third party or its products or services.
15.13 Medical Emergencies
Training Think Tank does not provide emergency medical services.
Users experiencing a medical emergency should immediately contact local emergency services or seek appropriate medical care.
15.14 Survival
The disclaimers and acknowledgments contained in this Article survive termination of this Agreement to the extent permitted by applicable law.
ARTICLE XVI
DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNIFICATION
16.1 Scope
This Article applies to every Product, Service, Membership, Subscription, Event, Digital Product, Website feature, coaching relationship, educational program, and commercial transaction offered by Training Think Tank.
DISCLAIMER OF WARRANTIES
16.2 Services Provided "As Is"
To the fullest extent permitted by applicable law, the Website, Products, Services, Digital Products, educational materials, software features, coaching services, and all related content are provided on an "AS IS" and "AS AVAILABLE" basis.
Training Think Tank does not guarantee uninterrupted access to the Services or that the Services will be free from errors, omissions, delays, interruptions, or defects.
16.3 Disclaimer of Implied Warranties
Except where prohibited by applicable law, Training Think Tank expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of:
16.4 Website Availability
Training Think Tank does not warrant that:
Temporary interruptions may occur due to maintenance, security events, upgrades, third-party outages, or circumstances beyond the Company's reasonable control.
16.5 Third-Party Services
Training Think Tank may rely upon third-party providers, including payment processors, hosting providers, communication platforms, learning management systems, analytics providers, shipping companies, and other vendors.
Training Think Tank is not responsible for the independent acts, omissions, policies, or service interruptions of those third parties.
LIMITATION OF LIABILITY
16.6 Excluded Damages
To the fullest extent permitted by applicable law, Training Think Tank shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to:
arising out of or relating to the use of the Services.
16.7 Aggregate Liability
To the fullest extent permitted by applicable law, the total aggregate liability of Training Think Tank arising from any claim relating to the Services shall not exceed the total amount actually paid by the Customer to Training Think Tank for the specific Product or Service giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim.
This limitation applies regardless of the legal theory asserted, whether based in contract, tort (including negligence), statute, or otherwise.
Nothing in this Agreement limits liability that cannot lawfully be limited under applicable law.
16.8 Customer Responsibility
The Customer acknowledges that participation in coaching, educational programs, training activities, nutritional guidance, and related Services involves personal decisions and individual judgment.
The Customer remains solely responsible for:
16.9 No Liability for Third Parties
Training Think Tank shall not be responsible for the acts or omissions of:
except to the extent required by applicable law.
INDEMNIFICATION
16.10 Customer Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Training Think Tank, its parent companies, affiliates, officers, directors, members, managers, employees, coaches, contractors, volunteers, licensors, successors, assigns, and agents from and against any claims, demands, actions, liabilities, damages, judgments, settlements, losses, costs, and reasonable attorneys' fees arising out of or relating to:
This indemnification obligation applies only to the extent permitted by applicable law.
16.11 Defense of Claims
Training Think Tank reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification.
You agree to cooperate reasonably in the defense of such claims.
16.12 Mitigation
Each party agrees to take commercially reasonable steps to mitigate damages where appropriate.
16.13 Time Limitation for Claims
To the fullest extent permitted by applicable law, any claim arising out of or relating to this Agreement or the Services must be commenced within one (1) year after the claim arose or should reasonably have been discovered.
This limitation does not apply where prohibited by law.
16.14 Essential Allocation of Risk
The parties acknowledge that:
16.15 Survival
The provisions of this Article survive termination or expiration of this Agreement.
ARTICLE XVII
DISPUTE RESOLUTION
17.1 Good Faith Resolution
Training Think Tank values long-term relationships with its Customers and seeks to resolve disputes promptly, fairly, and efficiently.
Before initiating any legal proceeding, either party agrees to make a good-faith effort to resolve the dispute through the procedures set forth in this Article.
17.2 Notice of Dispute
A party asserting a dispute shall first provide written notice describing:
Written notice shall be delivered to the contact information designated by the receiving party.
17.3 Informal Resolution
Following receipt of a Notice of Dispute, the parties shall make reasonable good-faith efforts to resolve the matter through informal discussions for a period of at least thirty (30) days, unless the parties mutually agree otherwise.
During this period, neither party shall initiate litigation except where immediate judicial relief is reasonably necessary to prevent irreparable harm.
17.4 Mediation
If the dispute is not resolved through informal negotiations, the parties agree to attempt to resolve the dispute through confidential mediation before filing suit.
Unless otherwise agreed:
Participation in mediation does not require either party to settle.
17.5 Court Proceedings
If mediation does not resolve the dispute, either party may pursue available legal remedies in a court of competent jurisdiction as provided in this Agreement.
Nothing in this Article prevents Training Think Tank from seeking temporary restraining orders, preliminary injunctions, or other equitable relief where necessary to protect:
17.6 Venue
Subject to applicable law, the parties agree that any litigation arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Fulton County, Georgia.
Each party consents to the personal jurisdiction of those courts.
17.7 Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Georgia, without regard to its conflict-of-law principles.
17.8 Attorneys' Fees
In any action arising out of this Agreement, the prevailing party may recover its reasonable attorneys' fees and costs only to the extent permitted by applicable law or where awarded by the court.
17.9 Injunctive Relief
The parties acknowledge that unauthorized use of Training Think Tank's:
may cause irreparable harm for which monetary damages alone may be inadequate.
Accordingly, Training Think Tank may seek injunctive or other equitable relief in a court of competent jurisdiction without waiving any other rights or remedies available under this Agreement.
17.10 Continued Performance
Unless otherwise directed by the court or agreed by the parties, each party shall continue performing its obligations under this Agreement during the resolution of any dispute to the extent reasonably practicable.
17.11 Survival
The provisions of this Article survive termination or expiration of this Agreement.
ARTICLE XVIII
GENERAL PROVISIONS
18.1 Entire Agreement
This Agreement, together with all documents expressly incorporated by reference, constitutes the complete and exclusive agreement between the parties regarding the subject matter addressed herein and supersedes all prior or contemporaneous understandings, representations, negotiations, and agreements, whether oral or written.
18.2 Amendment
Training Think Tank may amend this Agreement from time to time by posting an updated version on the Website with a revised effective date.
Material changes will apply prospectively from the effective date identified in the revised Agreement. Continued use of the Services after the effective date constitutes acceptance of the revised Agreement.
18.3 Severability
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
To the extent permitted by law, any invalid or unenforceable provision shall be interpreted or modified only to the extent necessary to make it enforceable while preserving the parties' original intent.
18.4 No Waiver
The failure of Training Think Tank to enforce any provision of this Agreement shall not constitute a waiver of that provision or of the right to enforce it at a later time.
No waiver shall be effective unless in writing and signed by an authorized representative of Training Think Tank.
18.5 Assignment
You may not assign, delegate, or transfer this Agreement or any rights or obligations under it without the prior written consent of Training Think Tank.
Training Think Tank may assign this Agreement in connection with a merger, acquisition, corporate reorganization, sale of assets, or other business transaction.
18.6 Relationship of the Parties
Nothing contained in this Agreement creates any partnership, joint venture, employment relationship, agency, franchise, fiduciary relationship, or other legal association between the parties beyond the contractual relationship expressly established herein.
18.7 Headings
Article and section headings are provided solely for convenience and shall not affect the interpretation of this Agreement.
18.8 Electronic Records
Electronic records maintained by Training Think Tank in the ordinary course of business, including account records, purchase confirmations, electronic acceptances, payment records, and communications, may be used to establish the existence and terms of transactions to the extent permitted by applicable law.
18.9 Notices
Unless otherwise required by law, notices to Training Think Tank under this Agreement shall be sent to the contact information designated on the Website or to the Company's principal business address.
18.10 Contact Information
Training Think Tank, LLC
700 Holcomb Bridge Road, Suite 200
Roswell, Georgia 30076
United States
Email: [email protected]
Website: https://www.trainingthinktank.com
