Terms Of Service

TOTAL SOCCER TRAINING TERMS OF SERVICE

OVERVIEW

This website is operated by Total Soccer Training, Throughout the site, the terms “we”, “us” and “our” refer to H.I.I.T Your Peak Fitness, DBA Total Soccer Training, and all known subsidiaries, DBAs, and Trademarked names. Total Soccer Training offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

These terms and conditions outline the rules and regulations for the use of Total Soccer Training’s websites, subdomains, apps, membership sites, and social media sites.  

By accessing these sites you accept these terms and conditions in full. Do not continue to use Total Soccer Training’s sites if you do not accept all of the terms and conditions stated on this page.

SECTION 1 – INTELLECTUAL PROPERTY

License unless otherwise stated, is owned by Total Soccer Training who owns the intellectual property rights for all material on Total Soccer Training’s sites. All intellectual property rights are reserved. You may view and/or print pages from Total Soccer Training’s sites for your own personal use subject to restrictions set in these terms and conditions.

You must not:

• Republish material from Total Soccer Training’s sites
• Sell, rent, or sub-license material from Total Soccer Training’s sites
• Reproduce, duplicate or copy material from Total Soccer Training’s sites
• Redistribute content from Total Soccer Training’s sites (unless content is specifically made for redistribution) by hyperlinking to our content.

   The following organizations may link to our Web site without prior written approval:

•    Government agencies;
•    Search engines;
•    News organizations;

Online directory distributors when they list us in the directory may link to our website in the same manner as they hyperlink to the Websites of other listed businesses; and Systemwide Accredited Businesses except for soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website.

These organizations may link to our home page, to publications, or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b) the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications, or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to michelle@totalsoccertrainingnc.com. Please include your name, your organization name, and contact information (such as a phone number and/or e-mail

address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

 Approved organizations may hyperlink to our Web site as follows:

•   By use of our corporate name; or
•   By use of the uniform resource locator (Web address) being linked to; or
•   By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Total Soccer Training’s logos or other artwork will be allowed for linking absent trademark license agreement. Frames without prior approval and express written permission, you may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of our website.

SECTION 2 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 3 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 6 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, fitness, nutrition, or health coaches or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 8 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through our websites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 10 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 11 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. 

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.In no case shall H.I.I.T Your Peak Fitness, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless H.I.I.T Your Peak Fitness and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 16 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 6130 Castle Rock Ct, Colorado Springs, CO, 80919, United States.

SECTION 20 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 – Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

SECTION 22 – Removal of links from our website

If you find any link on our Web site or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

SECTION 23 -Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

SECTION 24 – Disclaimer – No Medical Advice Provided

The content on this Website and any information (including but not limited to: newsletters, social media, images, emails, online chats, and telephone calls, herein referred to as ‘information’) provided by Total Soccer Training, its agents, employees, attorneys, or representatives, is provided for informational purposes only and is not intended to be a substitute for professional medical advice. Nothing in this disclaimer will:

•  limit or exclude our or your liability for death or personal injury resulting from negligence;
•  limit or exclude our or your liability for fraud or fraudulent misrepresentation;
•  limit any of our or your liabilities in any way that is not permitted under applicable law; or
•  exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

These dietary programs/information is not sold for use by anyone under the age of 18. The dietary needs of minor children are different from adults. You should consult your physician or other qualified health providers before beginning this or any other dietary program or incorporating dietary information. At any time you have questions regarding a medical condition, you should seek the advice of your physician or other qualified healthcare providers.

None of the contents of this website or any information provided by Total Soccer Training are intended to be relied upon for medical advice, treatment, or diagnosis. Any opinions expressed on this Website or any information provided by Total Soccer Training, are solely the opinions of the authors. Total Soccer Training, their affiliated companies nor any of their employees assumes any liability for the contents of any materials provided on the sites or any information provided by Total Soccer Training. Reliance upon any opinion or advice provided on sites, via telephone, online chat, or email is at your own risk.

SECTION 25 – Product Subscription

If you wish to cancel your Total Soccer Training Product Subscription at any time you must give us the following notice by submitting a cancellation request to us via our support email address to cancel your subscription:

Payment Terms

A paid-for Member is responsible for paying all sums due to Total Soccer Training in connection with their Membership account in accordance with these Terms. The first Membership subscription fee payable in accordance with these terms is due when the Membership account is set up and payment of the Membership subscription fee is a condition of Membership. Every calendar month (or calendar year depending on the type of subscription applied for) your Membership account will be charged the subscription fee for the following month (or year’s) subscription, together with any other fees for the following months’ subscription (for example, proposed additional personal training costs) plus any accumulated charges for the past month (for example, for additional personal training costs incurred in the previous calendar month) (“Fees”). Failure by the Member to use any of the services available for a Member through its subscription to Total Soccer Training does not relieve the Member of their payment obligations under these Terms.

Potential registrants and/or Members can pay by Credit Card or Debit Card. Payment details, together with details of the subscription package applied for shall be collected by us through our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Member’s financial data (as well as subscription package data) to PayPal or Stripe’s online payment system for processing. The potential registrant / Member acknowledges that we hold data regarding the subscription package that is being signed up by the potential registrant / Member, in addition to the last four digits and the expiry date of the card used to purchase the subscription package together with details on when payment of Fees are due. The potential registrant / Member further acknowledges and agrees that by sending their request for a specific subscription package, that payments for Fees are due on a recurring basis in accordance with that specific subscription package (unless the subscription is canceled in accordance with these Terms) and therefore authorizes the continual payment collection terms applicable to that specific subscription package (e.g. on a monthly basis and for a specific amount) so that PayPal can collect the payment for Fees from the Member’s Credit Card or Debit Card provided for payment through PayPal, for PayPal to forward payment of the Fees to us directly.

The potential registrant and/or Member shall NOT send credit card details to Total Soccer Training directly by email or any other means, electronically or otherwise. All credit card transactions shall be processed through PayPal or Stripe directly via the payment website. Total Soccer Training cannot be held responsible for the security of, or the misuse of, credit card or other personal information.

Potential registrants and/or Members should be aware that further terms and conditions required by PayPal and Stripe may apply, and can be found at www.paypal.com and www.stripe.com. 

Total Soccer Training reserves the right to immediately terminate a Member’s account and/or service for any unpaid (in whole or part) period of Membership subscription (with or without notice). Termination of service in no way relieves or excuses the Member from any obligation to pay outstanding charges or expenses. In the event Total Soccer Training starts collection processes of any type, the Member shall be liable for all collection costs, including reasonable legal fees and expenses.

Total Soccer Training reserves the right to terminate a Member’s account and/or service for any reason (including paid-for subscriptions and/or guest subscriptions), on serving notice to the Member at any time by email to the Member. The Fees chargeable to paid-for subscription Members exclude any applicable value-added tax (VAT), or any other applicable tax or levy, that Total Soccer Training may charge in addition to the Fees.

Custom Coaching: Trainer’s Obligations

a.) The Trainer will use his/her skills and knowledge to design a safe program of exercise that will take into account your lifestyle, personal goals, fitness levels, and medical history to the degree with which you share this information. b.) The Trainer will provide the coaching, supervision, advice, and support that you will need to achieve your goals. c.) You understand that the results of any fitness program cannot be guaranteed. Your progress depends on your effort and co-operation in and outside of the Sessions. In particular, you acknowledge that individual results may vary and no particular result is guaranteed by your Trainer. d.) All Client information will be kept strictly private and confidential.

See your training agreement for further details.

Custom Coaching: Client Obligations

a.) It is understood between you and your Trainer that both must commit to your training program 100% in order for you to achieve results. b.) You are required to participate to the degree that the Trainer’s full training plan is achieved on each visit. c.) You are required to wear appropriate clothing and footwear. d.) Your Trainer may require a letter of ‘medical clearance’ from your physician but your participation in this program is solely at your own risk, whether you do or refuse to obtain medical clearance. Please be aware that your Physician may charge for providing this letter. e.) You understand and agree that it is your responsibility to inform the Trainer of any conditions or changes to your health, now and ongoing, which may affect your ability to exercise safely and with minimal risk of injury. f.) If your Trainer requires further medical information from a practitioner, you must provide such details. g.) You understand that there are inherent risks in participating in a program of strenuous exercise. If you sustain or claim to sustain any injury while participating in training, you acknowledge that the Trainer is not responsible, except where the injury was caused by his/her gross negligence or intentional act. h.) Your Trainer cannot be held liable in any way for undeclared or unknown medical conditions.

See your training agreement for further details.

SECTION 26 – USE

You have our permission to solely electronically copy and print hard copies of pages from the product/s you have purchased for personal or non-commercial reasons related to placing an order or shopping with us. Unless we give you written permission in advance, any other use of Total Soccer Training’s sites, its content, and its information, including linking or framing to this website, is strictly prohibited.

SECTION 27 – Terms

This Terms and conditions page was created at termsandconditionstemplate.com generator. If you have any queries regarding any of our terms, please contact us.

Total Soccer Training does not endorse and takes no responsibility for third-party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. Total Soccer Training reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone linking a website to Total Soccer Training.

SECTION 28 – Termination

Total Soccer Training reserves the right to immediately terminate your use of, or access to, this Site at any time if Total Soccer Training decides at its sole discretion that you have breached this Agreement or any relevant law, rule, or regulation or you have engaged in conduct that Total Soccer Training considers to be inappropriate or unacceptable.

SECTION 29 – Refunds & Returns

REFUND/TRANSFER OF REGISTRATION FEES POLICY: 

• Registration fees are not refundable or transferable for non-attendance at a Total Soccer Training (TST) camp or clinic.
• Registration fees are refundable or transferable prior to the start of the camp or clinic only where an injury or illness has occurred resulting in the inability to participate in soccer for the duration of the TST camp or clinic season.
• Registration fees are not refundable within 48 hours of a camp or clinic start date, but may be transferred to a different camp or clinic date or type.
• Registration fees may be held in “credit” for future camps or clinics  when an alternative has not been selected on notification of a transfer request. These registration fees held in “credit” do not expire. 
• Registration fees held in “credit” may only be used toward small group training, camps, and clinics.Only fees paid for  1:1 training sessions with TST may be used for 1:1 training sessions..
• Registration fee transfers are allowed for the same athlete or another athlete in the immediate family only.
• Prorated fees are not permitted for any camps or clinics as TST offers limited spots for athletes.
• Camps and clinics are considered final sales with the exception of the provisions under this policy.

RETURNS POLICY:

Physical Goods Policy Duration:

The Physical Goods return policy applies for 30 days from purchase. After 30 days from purchase, refunds or exchanges cannot be authorized.

Non-Exchangeable & Non-Returnable Goods:

The following items are non-returnable/non-exchangeable under any circumstance due to intellectual property delivery or safety reasons:

• Perishable goods e.g. supplements 
• Paper-based products 
• Intimate wear
• Gift cards
• Digital products including downloadable fitness, nutrition or health programs
• E-books
• Challenges, membership site and app-based programs and services
• Custom Coaching programming

Condition Of Goods:

Eligible return items must be in an unused state, in the original packaging, and in the same condition it was received.

Proof Of Purchase:

For eligible items to be returned or exchanged, proof of purchase is required. DO NOT send your purchase back to the manufacturer.

Refunds:

On receipt and inspection of the returned item, you will be sent an email to notify you of the receipt of your item, plus the status of your refund (Approved or Denied).

Approved refunds will be processed back to the original method of payment. Most refunds are received on the original payment method within 5-10 days after the refund has been issued. Please wait a full 10 days after receiving an email with your refund status before contacting Total Soccer Training or your bank regarding your refund. If you do not see your refund after 10 days from the date of your refund confirmation, please contact: hellocoach@totalsoccertrainingnc.com for support. We will be glad to assist you.

Sale items:

Sale items are final and are ineligible for return or exchange.

Exchanges:

Defective or damaged items may be exchanged.  

Final Note:
We cannot guarantee that we will receive your return/exchange; therefore, please use a tracking or insured mailing service when returning items to us.

SECTION 30 – Disclaimer of Liability and Warranties

While Total Soccer Training does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk. To the maximum extent permitted by law, the Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Total Soccer Training DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error-free or reliable. You acknowledge that Total Soccer Training, its parents, and affiliates together with their respective employees, agents, directors, officers, and shareholders, are NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that Total Soccer Training is not liable for any defamatory, offensive, or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that Total Soccer Training is not liable for any damages, including, without limitation, direct, incidental, special, consequential, or punitive damages, in connection with or arising from your use or from your inability to use the Site.

SECTION 31 – Indemnity

You recognize that there are risks involved in the types of activities offered by Total Soccer Training. Therefore you accept financial responsibility for any injury that may be caused to you or to any other participant due to your negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur solicitors’ fees and costs to enforce this agreement, you agree to reimburse them for such fees and costs.

You agree to defend, indemnify, and hold harmless Total Soccer Training, its parents, and affiliates together with their respective franchisees, employees, agents, directors, officers, and shareholders, from and against all the liabilities, claims, damages, and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

SECTION 32 – Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. Reasonable attorneys’ fees. An award of arbitration may be confirmed in a court of competent jurisdiction.

You agree that this Agreement and all incorporated agreements may be automatically assigned by Total Soccer Training at our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

SECTION 33 – Disclosures

The services hereunder are offered by H.I.I.T Your Peak Fitness, LLC, DBA Total Soccer Training whose registered address is located at 4111-e Rose Lake Dr #3240, Charlotte, NC 28208.

First Edit: 06/27/2022

Last Updated: 04/04/2023