TERMS AND CONDITIONS
Feel free to read through this whole document, it takes about 20 minutes. The main idea is that Peter Fettis and WellCodes are not liable for the results of your use of the educational information, products and services on this site.
Please think critically before you make decisions regarding your health, and get professional advice from your doctor and your mother.
CHANGES TO THE TERMS
These Terms may change as we continue to evolve our services, as well as the Education Properties or any portion thereof. If we change these Terms, we will post the revised document here and such changes will be effective immediately upon that posting. Your continued use of the Education Properties constitutes your acceptance of such changes and agreement to be bound by the modified Terms, and so we recommend that you review these Terms periodically when accessing or using the Education Properties.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Informal Dispute Resolution: Our goal is to do our best to ensure that every experience with Peter Fettis will exceed your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem or concern. To do so, please contact us by visiting WellCodes.com. When contacting us, we ask that you include your name, address, phone number and email address, and a description of your problem or concern and any specific relief you seek.
By using the Education Properties, you and Peter Fettis agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if Peter Fettis initiates arbitration, it shall have the choice as between these two arbitration forums.
WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
Class Action Waiver
By using the Education Properties, you agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Peter Fettis or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Peter Fettis. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Definition of Dispute
Except as described below, the term “Dispute” in this Arbitration Agreement and Class Action Waiver means any dispute, claim, or controversy between you and Peter Fettis regarding any aspect of your relationship with Peter Fettis, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of these Terms, except for the scope, enforceability and interpretation of the Arbitration Agreement and Class Action Waiver.
However, the term “Dispute” SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property. Any such claims are not subject to arbitration and the Arbitration Agreement and Class Action Waiver.
How Will the Arbitration Work?
Either you or Peter Fettis may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.
If you or Peter Fettis initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:
For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.
Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.
If required for the enforceability of the Arbitration Agreement under the Federal Arbitration Act, Peter Fettis will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
Where Will the Arbitration Be Held?
You can bring the arbitration in either California or in the state where you live if there is a JAMS or AAA in that state. In the event that Peter Fettis initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case Peter Fettis may initiate the arbitration in California. As set forth in “Governing Law” section below, the arbitrator will apply California law.
ACCESS TO THE EDUCATION PROPERTIES
You are solely responsible for any charges incurred in obtaining access to the Education Properties, including without limitation charges from your Internet service provider and/or wireless carrier. While you may be able to purchase certain goods or services through the Education Properties, the Education Properties themselves are currently provided for free. Peter Fettis reserves the right to change the nature of this relationship at any time, without prior notice or liability to you. In addition, access to certain Education Properties or portions thereof may be limited to clients.
Peter Fettis has no obligation to maintain the Education Properties, in whole or in part, nor does it have any obligation to provide you with any related maintenance or support services. Peter Fettis reserves the right to render the Education Properties, in whole or in part, temporarily or permanently unavailable or to otherwise terminate, suspend access to, replace, or modify the Education Properties or any portion thereof, at any time and for any or no reason, without prior notice or liability to you. Any Content or other information made available on or through the Education Properties is also subject to change at any time and without prior notice or liability to you.
USING THE EDUCATION PROPERTY
Subject to your compliance with these Terms, Peter Fettis gives you the limited, non-exclusive, non-transferable, and revocable right to access and use the Education Properties solely for your personal and non-commercial use. However, Peter Fettis does not give you any right to, and you hereby agree not to:
Use the Education Properties or any portion thereof for any commercial use or for the benefit of any other person or entity, including without limitation by selling, renting, leasing, assigning, transferring, hosting, or otherwise commercially exploiting any Education Property or any portion thereof.
Copy, stream, reproduce, duplicate, archive, store (other than standard browser caching), download, publish, modify, make derivative works of, reverse engineer, translate, or distribute any Education Property or portion thereof by any means, other than as expressly allowed by these Terms or as otherwise clearly contemplated by the features and functionalities of the Education Properties – for example, by sharing Content through a social media “share” feature. You may also print or save to your computer, phone or personal device a reasonable number of pages or Content from the Education Properties, but solely for your own personal, internal and non-commercial purposes.
Remove, alter, bypass, avoid or circumvent any copyright, trademark or other proprietary notice, digital rights management mechanisms or other content protection measures included in or associated with the Education Properties or any Content. Similarly, you may not modify, remove, or otherwise interfere with any embedded player that may made available in connection with certain Content.
Use any software robots, spiders, crawlers, or similar data mining, gathering or extraction tools or methods, whether automated, programmed or manual, including without limitation to access, acquire, copy, monitor or make submissions through any portion of the Education Properties.
Knowingly or intentionally take any other action that may impose an unreasonable burden or load on the Education Properties or its servers and infrastructure. Any unauthorized use by you, or otherwise under your account or on your computer or personal device, of the Education Properties any portion thereof will immediately terminate the limited rights granted to you under these Terms, and such termination will be without prejudice to any other right or remedy Peter Fettis may have under applicable law or in equity.
As between you and Peter Fettis, Peter Fettis owns the Education Properties and all content displayed or made available on or through, or otherwise included in, the Education Properties, including without limitation all text, video clips, audio clips, graphics, trademarks, service marks, trade names, logos, icons, images, data, information, code and software, regardless of whether registered or unregistered, and any combinations and compilations thereof (collectively, “Content”). The Education Properties and Content, including the selection, coordination, arrangement and enhancement of Content and the design, layout and “look and feel” of each Education Property, constitute valuable intellectual property of Peter Fettis, and are protected by applicable copyright, trademark and other applicable intellectual property rights and laws.
The Education Property and Content are licensed, not sold, to you, and your limited rights to access and use the Education Property and Content are conditioned upon your compliance with these Terms. No act of downloading or copying from, or otherwise using, the Education Property, even with Peter Fettis’s permission, will transfer any title, interest or right in or to any Education Property or Content to you. Peter Fettis hereby expressly reserves all rights not expressly granted in and to the Education Property and Content.
COMMENTS; NO UNSOLICITED IDEAS
We welcome your feedback regarding the Education Property, as well as our services, products and other offerings. However, please understand that any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") posted on, submitted through, or otherwise sent to Peter Fettis as a result of, the Education Property shall become and remain the exclusive property of Peter Fettis. Your posting, submission or sending of any such Comments shall constitute an assignment to Peter Fettis of all worldwide right, title and interest, including all intellectual property rights, in and to the Comments, and Peter Fettis will be entitled to use, reproduce, disclose, publish, distribute and otherwise exploit any Comments for any purpose whatsoever, without restriction or liability and without notifying or compensating you in any way, and you hereby agree to waive any and claims against Peter Fettis in connection with the foregoing. All Comments will be treated as non-confidential, and therefore you agree not to post, submit or send to Peter Fettis, on an unsolicited basis, any ideas, confidential information, proprietary information or other Comments that you do not wish to assign to Peter Fettis, including without limitation ideas for new or improved products, services, technologies, marketing, advertisements promotions or other services, products or offerings and any original creative materials such as stories, videos, computer code, images or artwork (all of the foregoing, collectively, “Unsolicited Ideas”). Please understand that while we sincerely appreciate the enthusiasm and interest in our services, it is the long-standing policy of Peter Fettis to not accept or consider any Unsolicited Ideas. We employ a talented staff of employees, and have existing relationships with outside consultants or vendors, who may be working on the same or similar ideas. The intent of this policy against the acceptance consideration of Unsolicited Ideas is to avoid the possibility of future misunderstandings when projects developed by our staff, consultants or vendors might seem to others to be similar to your own work. If, despite this policy, you nonetheless chose to post, submit or otherwise send to Peter Fettis any Unsolicited Idea, by doing so you acknowledging and agreeing that: (1) you are not posting, submitting or sending any confidential or proprietary information; (2) Peter Fettis has no obligation to review or use the Unsolicited Idea or to keep it confidential; and (3) Peter Fettis will consider the Unsolicited Idea as a Comment assigned to and owned by Peter Fettis, which it may use, reproduce, disclose, publish, distribute or otherwise exploit for any purpose whatsoever, without restriction or liability and without notifying or compensating you, and you hereby agree to waive any and claims against Peter Fettis in connection with the foregoing.
THIRD PARTY SITES
LIMITATIONS OF LIABILITY
You agree that, to the maximum extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Education Property is to stop using and, where applicable, uninstall the Education Property.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PETER FETTIS, OR OTHER AFFILIATES, OR ANY RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “PETER FETTIS PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF USE, LOST DATA, LOST BUSINESS OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE EDUCATION PROPERTY, OR THESE TERMS.
IN ADDITION, IF AND TO THE EXTENT PETER FETTIS IS LIABLE FOR ANY DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE EDUCATION PROPERTY, OR THESE TERMS, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF PETER FETTIS FOR SUCH DIRECT DAMAGES WILL BE LIMITED TO TEN DOLLARS ($10.00 USD). Except for any liability of Peter Fettis under the forgoing paragraph, you acknowledge and agree that the other Peter Fettis Parties will have no liability to you for any direct damages arising out of the Education Property or these Terms.
You agree to defend, indemnify and hold the Peter Fettis Parties harmless from and against any claims, liabilities, losses, damages, costs and expenses (including without limitation reasonable attorneys' fees), arising out of or in connection with: (1) your access to and/or use of the Education Property or any portion thereof; (2) your Comments or Unsolicited Ideas; (3) your failure to comply with these Terms or with any applicable law, rule or regulation; (4) your infringement, misappropriation or violation of the Education Property or Content or of any third party’s intellectual property right; or (5) any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without authorization. Peter Fettis will use reasonable efforts to notify you of any claim, action or proceeding subject to the foregoing paragraph once it becomes aware of it, but any failure to provide you with notice shall not limit your indemnification obligations unless you can establish actual prejudice resulted from such failure. Peter Fettis reserves the right, at your expense, to assume the exclusive defense and control of any claim, action or proceeding for which you are required to provide indemnification, and you agree to cooperate with our defense of these claims. You may not settle any claims, actions or proceedings for which you are required to provide indemnification, without Peter Fettis’s prior written consent.
You may terminate these Terms at any time by ceasing to access and use the Education Property and, where applicable, uninstalling the Education Property. Please understand, however, if you subsequently decide to resume accessing and using any of the Education Property, you will again be bound by the then-current Terms. We may terminate these Terms, or otherwise terminate, suspend or restrict your access to and use of the Education Property, in whole or in part, at any time and without prior notice or liability to you, for any reason, including without limitation your failure to comply with any portion of these Terms.
However, even after these Terms have been terminated, the sections titled “Arbitration Agreement and Class Action Waiver,” “Intellectual Property,” “Comments; No Unsolicited Ideas,” “Privacy,” “Disclaimers,” “Limitations of Liability,” “Indemnification,” “Governing Law,” “General,” “Personal Training Terms and Conditions” and any other provision which by its nature is intended to survive, will survive that termination.
These Terms, the Additional Terms below, and your access to and/or use of the Education Property, will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Except as provided above as to those Disputes you or Peter Fettis submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), all claims, disputes and matters arising hereunder shall be submitted exclusively to the jurisdiction of the federal and state courts of competent jurisdiction located in California, and you and Peter Fettis each hereby irrevocably consent to the jurisdiction of such courts and waives all objections thereto.
If you have questions regarding these Terms, or our Education Property, please contact us by visiting WellCodes.com. Your feedback is always welcome and appreciated.
ADDITIONAL TERMS FOR PERSONAL TRAINING
The following terms and conditions (the “Additional Terms for Personal Training”) apply to all personal training sessions originally purchased from Peter Fettis or through any Education Property (each, a “Session”). By using, accepting and/or retaining a Session, you agree to these Additional Terms for Personal Training. Peter Fettis reserves the right to change, amend or terminate the Additional Terms for Personal Training and/or its Personal Training offerings, in its sole discretion, at any time with or without notice or liability to you.
24 HOUR CANCELLATION POLICY
A client of Peter Fettis that has made an appointment for a Session may cancel or change the time of the Session provided that a minimum of 24-hours’ prior notice is given. You can make these changes by contacting your trainer directly. Members will be charged for the full cost of the session on any late cancellations or no-show appointments.
Payment for Sessions is required to be made by the member on or before the date of the Session. If a member has no Session inventory, charges for late cancellations or no show appointments for Sessions will be charged to the member’s credit card on file with Peter Fettis under the membership agreement. In addition, charges for Sessions which are used by a member but not otherwise paid for will be charged to the member’s credit card on the day the Session is used.
Peter Fettis may offer discounts on Sessions to members who purchase a package of Sessions. These discounts only apply to the number of Sessions purchased as a group. Any further or additional Sessions will be charged at the regular rate then in effect for individual Sessions.
You may obtain information on your Sessions balance by contacting support on WellCodes.com Sessions may not be redeemed for cash.
All sales are final. Session expire six months from the date of purchase.