Terms and conditions copy
Content on the Quantum Ability website is owned by Quantum Ability.
Account security is paramount. As a user, you are responsible for maintaining the confidentiality of the username and password that you use to register for, purchase, and/or use the Quantum Ability Service. You agree to (a) immediately notify Quantum Ability of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you log out from your account each time you exit your account and after the coaching session. Quantum Ability will not be liable for any loss or damage arising from your failure to comply with this provision. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Term and Termination. Quantum Ability may, at its option, terminate your membership if (1) any payments are 30 days late, or repeatedly late, (2) the monthly EFT payments are interrupted or discontinued for any reason and you or your co-signer do not provide an acceptable alternative, (3) you violate any part of this agreement or (4) your conduct is improper or harmful to the best interest of Quantum Ability or others. Termination is effective on the date Quantum Ability mails a written notice to your last known address. You are liable for all financial obligations until that date and for the dues and fees of any remaining unused months. If you prepaid your dues and fees, Quantum Ability will not refund the unused portion.
- Promotions, discounts, and bonus time. Quantum Ability may periodically run promotions that may include bonus time on dues, discounted rates or other incentives to enroll in Quantum Ability services. All incentive programs adhere to the Quantum Ability terms and conditions. New enrollment incentives are for first-time clients only. Current members may not be eligible for current discounts or promotions. Quantum Ability may run promotions exclusively for current and active clients, and the terms and conditions related to internal marketing vary depending on the promotion type. Details of such programs may not be included in this agreement.
- Your Interactions with Other Members. Interactions with Other users and Members. You are solely responsible for your interactions with other users of the Website (“Users”) or Members. Quantum Ability makes no representations or warranties as to the conduct of Users or Members and shall not be in any way liable for any conduct of any User or Member. You agree to take reasonable precautions in all interactions with other Users and Members, particularly if you decide to meet offline or in person with a User and/or a Member. You should not provide your financial information (for example, your credit card or bank account information) to other Users or Members. Release. You hereby release Quantum Ability, its affiliates, contractors, employees, agents or third-party partners or suppliers from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other Users or Members.
- CANCELLATION AND REFUND: By enrolling in any program and completing a purchase of any Quantum Ability service you acknowledge and agree you have read and understand the Terms, Conditions, Procedures, Rules & Regulations of Quantum Ability. You also acknowledge and agree to the following cancelation and refund policy: (1) If the purchaser/member dies or becomes legally disabled during the term of this agreement, he/she and his/her estate shall be relieved of the obligation to pay any remaining balance. (2) There are NO refunds on any Quantum Ability Products or Services (3) You acknowledge that the scheduling of coaching sessions is your responsibility and these sessions do not carry over monthly or accumulate. Quantum Ability may accommodate you for planned absenteeism, emergencies, vacations, or limited terms agreed upon separately from this agreement. Please coordinate with your Quantum Ability coach for such accommodation. You may cancel your recurring dues 10 DAYS PRIOR to your billing date with written notice directly to your Coach. Please message your Coach in the app messenger and they will facilitate the cancellation.
- Modification of Terms. Quantum Ability reserves the right, in its sole discretion, to change, modify, add, or remove portions of this Agreement at any time and for any reason without notice to you and by simply updating this page. This Agreement was last updated and is effective as of the “Updated” date indicated below. You should visit this page from time to time to review the then-current Agreement because it is binding on you and your continued use of or access to the Website and use and/or purchase of Quantum Ability Service after the posting of changes will be construed as your acceptance of the revised Agreement. For any material changes to this Agreement, such amended terms will automatically be effective 30 days after they are initially posted on the Website. Last Update: March 2023.
- Quantum Ability Membership Requirements. To register as a Member or use the Quantum Ability Service, you must be at least eighteen (18) years of age or the age of majority in the place of your residence. Membership in the Quantum Ability Service is restricted to natural persons and is void where prohibited. By using the Quantum Ability Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and you agree to abide by this Agreement.
Quantum Ability Proprietary Rights. Quantum Ability and its licensors own and retain all proprietary rights in the Website and/or the Quantum Ability Service. The Website and/or the Quantum Ability Service contain content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and other elements of the Quantum Ability Service (the “Quantum Ability Materials”) that are protected by copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any Quantum Ability Materials. Quantum Ability Materials do not include User Content (as defined below) or other content submitted by Users. Quantum Ability retains all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Website, the Quantum Ability Service, or Quantum Ability Materials, except for the limited rights set forth in this Agreement.
Reliance on Content. Advice, opinions, statements, offers, or other information or content, including without limitation User Content (as defined below), made available through the Website and/or the Quantum Ability Service, but not directly by Quantum Ability, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. Quantum Ability does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Website and/or the Quantum Ability Service or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website and/or the Quantum Ability Service. Under no circumstances will Quantum Ability or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website and/or the Quantum Ability Service or transmitted to or by any Users or Members.
Health Information. The information provided through the Website and/or the Quantum Ability Service may contain general health information. THIS WEBSITE AND/OR QUANTUM ABILITY SERVICE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR CARE. All specific medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your health care professional. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF ANY INFORMATION CONTAINED IN OR RELATED TO THE WEBSITE AND/OR THE QUANTUM ABILITY SERVICE. You represent that you are in good physical condition and may have no medical reason, impairment, or disability that might prevent you from using all Quantum Ability programs or services. As such, you acknowledge that Quantum Ability did not give you medical advice before you enrolled and cannot give you any after you enroll or discuss them with your doctor before participating in any programming.
- Content Posted by You on the Website and/or the Quantum Ability Service.
Accurate Content. You are solely responsible for the User Content (as defined below) that you publish or display (a “post”) on the Website and/or the Quantum Ability Service or transmit to other Users and/or Members through any media form.
Moderating Content. You understand and agree that Quantum Ability may, but has no obligation to, moderate, review and delete any content, comments, messages, photos or profiles (collectively, “User Content”), in each case in whole or in part, that in the sole judgment of Quantum Ability, violates this Agreement, might be offensive or illegal, or that might violate the rights or safety of other Users or Members.
License to User Content. By posting User Content to any public area of the Website and/or the Quantum Ability Service, you automatically grant, and you represent and warrant that you have the right to grant, to Quantum Ability, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User and Member of the Website and/or the Quantum Ability Service a non-exclusive license to access your User Content, in each case as permitted by the functionality of the Website and/or the Quantum Ability Service and this Agreement. The above license granted by you shall survive any termination or expiration of this Agreement.
Representations and Warranties. In connection with the User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to post the User Content to the Website and/or the Quantum Ability Service, to authorize Quantum Ability to use the User Content in the manner contemplated by Quantum Ability and this Agreement, and to grant the rights and licenses set forth above, (ii) the public posting and use of your User Content by Quantum Ability and other Users and Members will not infringe or violate the rights of any third party or violate any applicable law or regulation.
Prohibited User Content. The following is a partial list of the kind of User Content that is illegal or prohibited on the Website and/or the Quantum Ability Service. Quantum Ability reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website and/or the Quantum Ability Service and terminating the membership of such violators. It includes, but is not limited to, User Content that:
is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually-oriented, racially offensive, defamatory or libelous;
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains restricted or password-only access pages, or hidden
- Modifications to the Website and/or the Quantum Ability Service. Quantum Ability reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or the Quantum Ability Service (or any part thereof) with or without notice. You agree that Quantum Ability shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or the Quantum Ability Service.
No Warranties; “As Is,” “As Available,” and “With All Faults”.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, QUANTUM ABILITY, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND/OR THE QUANTUM ABILITY SERVICE IS AT YOUR SOLE RISK AND THAT ANY ADVICE THAT MAY BE POSTED ON THE WEBSITE AND/OR THE QUANTUM ABILITY SERVICE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE WEBSITE AND/OR THE QUANTUM ABILITY SERVICE, USER CONTENT AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE AND/OR THE QUANTUM ABILITY SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
Operation and Content. QUANTUM ABILITY IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE WEBSITE AND/OR THE QUANTUM ABILITY SERVICE, WHETHER CAUSED BY USERS, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE AND/OR THE QUANTUM ABILITY SERVICE. QUANTUM ABILITY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. QUANTUM ABILITY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE WEBSITE AND/OR THE QUANTUM ABILITY SERVICE.
Quantum Ability is not responsible for the conduct, whether online or offline, of any user or member. Under no circumstances will Quantum Ability or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website and/or the Quantum Ability Service, any content posted on the Website and/or the Quantum Ability Service or transmitted to users or members, or any interactions between users or members, whether online or offline. Quantum Ability is not responsible for any loss or damage, including personal injury or death, resulting from any events or actions occurring at venues or any interaction between a user or member and any third party, including without limitation employees of a venue or other patrons of a venue.
- Links and Third-Party Quantum Ability Services. The Website and/or the Quantum Ability Service may provide, or third parties may provide, links or functionality in the Website and/or the Quantum Ability Service to other websites or third-party resources (“Third Party Quantum Ability Services”). Because Quantum Ability has no control over Third Party Quantum Ability Services, you acknowledge and agree that Quantum Ability is not responsible for the availability of the Third-Party Quantum Ability Services, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from the Third Party Quantum Ability Services. You further acknowledge and agree that Quantum Ability shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through Third Party Quantum Ability Services. ACCESS AND USE OF THIRD PARTY SERVICES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SERVICES OR AVAILABLE THROUGH THIRD PARTY SERVICES, IS SOLELY AT YOUR OWN RISK. When you leave the Website, these Terms and Conditions no longer govern. You should review applicable terms and conditions and policies, including the privacy and data gathering practices, of any Third-Party Quantum Ability Services.
- Release of Liability for Injury or Death; Limitation on Liability; Damages.
Release of Liability for Injury or Death. YOUR PARTICIPATION IN ONLINE TRAINING SESSIONS OR OTHER PROGRAMS THROUGH THE WEBSITE AND/OR IS AT YOUR OWN RISK. Exercise programs of any kind represent an inherent danger to participants. QUANTUM ABILITY IS NOT LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT RESULTS FROM USE OF THE WEBSITE AND/OR THE QUANTUM ABILITY SERVICE INCLUDING PARTICIPATION IN ONLINE TRAINING SESSIONS. YOU RELEASE QUANTUM ABILITY FROM ALL LIABILITY FOR INJURY OR DEATH THAT RESULTS FROM YOUR PARTICIPATION IN A TRAINING SESSION OR USE OF THE WEBSITE AND/OR THE QUANTUM ABILITY SERVICE. Members should consult a physician before beginning use of the QUANTUM ABILITY Service or any exercise program or training session. Not all exercise programs or training sessions are appropriate for all Members. PLEASE CHECK ALL EQUIPMENT AND THE AREA IN WHICH YOU ARE USING THE QUANTUM ABILITY SERVICE FOR ANY DANGEROUS CONDITIONS. IN CASES WHERE APPLICABLE LAW DOES NOT ALLOW THE ABOVE RELEASE OF LIABILITY, QUANTUM ABILITY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAWS.
Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event, and under no legal theory, including without limitation negligence, will QUANTUM ABILITY or its affiliates, contractors, employees, agents or third party partners or suppliers be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, data or use or cost of cover, even if QUANTUM ABILITY has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, QUANTUM ABILITY’s liability will be limited to the extent permitted by applicable laws.
Nutrition and Fitness Disclaimer: The nutrition advice given by QUANTUM ABILITY is based on the information you provided by completing and submitting this questionnaire. You understand it is your responsibility to provide complete and accurate information. You further understand and acknowledge QUANTUM ABILITY provides general nutrition education and coaching and is not a medically supervised program. You understand any menu program created for you by QUANTUM ABILITY is simply a recommendation and you are volunteering to participate or follow advice, meal plans or exercise suggestions. You understand that no service or program provided by QUANTUM ABILITY is intended to cure, prevent, diagnose, alleviate or treat any medical conditions, disease, physical or mental. You understand that QUANTUM ABILITY is in a license agreement with a third-party provider of nutrition and meal planning services and all meal plans are populated by that party for QUANTUM ABILITY clients based on the data submitted by the client on this questionnaire.
Nutrition and/or Fitness Waiver and Covenant Not to Sue: You have volunteered to participate in a nutrition suggestion program under the guidance of QUANTUM ABILITY which may include but may not be limited to nutrition planning and personalized coaching. In consideration of QUANTUM ABILITY agreement to assist me, you do here and forever release and discharge and hereby hold harmless QUANTUM ABILITY and their respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your participation in any nutrition program including any injuries resulting therefrom. You acknowledge and agree that no warranties or representations have been made to me regarding the results you may or will achieve from this program. You understand that results are individual and may vary.
Quantum Ability Nutrition Assumption of Risk: You recognize that specific foods may create allergic and possible fatal reactions, most specifically, products containing nuts. You have therefore specified any food allergies or sensitivities you are aware of. You are aware that specific foods may interact with certain medications. You have discussed such food reactions and the side effects of all your medications with your doctor or pharmacist and do not hold Quantum Ability responsible for food and medication reactions. You also understand the food suggestion plan you receive will not take your medications into consideration. If you are on medications, you are responsible to consult with your doctor before starting a new diet plan. If you are pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery a family history of gout or any other medical condition that requires special dietary restrictions, you must receive permission from your physician before participating in the specific nutrition program designed for your use, or may be advised to seek help from another health professional.
- Indemnity by You. You agree to indemnify and hold Quantum Ability, its parent, subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from any loss, liability, claim, damages, obligations, or demand, including attorney’s fees, made by any third party due to or arising out of (i) your use of the Website and/or the Quantum Ability Service, (ii) your violation or breach of this Agreement, (iii) your User Content, or (iv) any breach of your representations and warranties set forth above. Quantum Ability reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Quantum Ability and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Quantum Ability. Quantum Ability will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.