TERMS AND CONDITIONS OF SALE, SERVICE, AND USE
Terms of Use. PLEASE CAREFULLY READ THESE TERMS OF USE AND TERMS AND CONDITIONS OF SALE, SERVICE AND USE (collectively with any amendments hereto, “TERMS AND CONDITIONS”).
BY USING THIS WEBSITE OR ANY WEBSITE OF FOUR CONTROLS, AND/OR PLACING AN ORDER FOR FOUR CONTROLS’ PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR FOUR CONTROLS’ PRODUCTS AND SERVICES.
IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE OF FOUR CONTROLS’ PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE FOUR CONTROLS’ PRODUCTS OR SERVICES.
Unless we indicate otherwise, these Terms & Conditions apply to your use of the websites which are owned and operated by Active Diligence, LLC d/b/a Four Controls (“Four Controls”) and our Affiliates (collectively, “we,” “us,” or “our”), including, without limitation, this website, www.FourControls.com, Studio.FourControls.com, and any other website that we may own or operate currently or in the future (the “Site”) and the Four Controls software application (collectively, our “Service”). For purposes of these Terms & Conditions, “Affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Four Controls, including, without limitation, its subsidiaries.
These Terms and Conditions govern and apply to your (“you” or “your”) access to and use of this Site and its related domains on which this document appears, any order you place through any of the Four Controls Websites, and as applicable your use of other products or services of Four Controls. You must read these Terms and Conditions carefully before placing an order or using the Site. By using the Site, and/or placing an order through the Site, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, you must not order any product or service through or otherwise use the Site. The Terms and Conditions may be changed in the future without further notice. Your continued use of the Site and/or other products or services of Four Controls after any such changes constitutes your acceptance of the new Terms and Conditions. These Terms and Conditions apply to your access to and use of the Site, any order you place through any of the Four Controls Websites, and to all products and services we supply, produce, distribute, or market. To the extent of any express inconsistency with any other agreement you may have with Four Controls for products, services, or otherwise, that other agreement shall prevail unless explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Site. If you register for our Support Center features, including, but not limited to, the Message Boards, or Four Controls Support Team, or utilize any aspect of our Website, additional rules, policies, and disclaimers may apply. If you order a product or service through the Site, these Terms of Use will also apply.
User Conduct. You must only use the Site for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not without our prior written consent: copy, reproduce, use, or otherwise deal with any content on the Site; modify, distribute, or re-post any content on the Site for any purpose; or use the content of the Site for any commercial exploitation whatsoever.
In using the Site, you further agree:
not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Websites;
not to upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
not to use, frame, or utilize framing techniques to enclose any Four Controls’ trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Four Controls’ express written consent;
not to use meta tags or any other “hidden text” utilizing a Four Controls’ name, trademark, or product name without Four Controls’ express written consent;
not to deeplink to this Site without Four Controls’ express written consent;
not to create or use a false identity on this Site, share your account information, or allow any person besides yourself to use your account to access the Site;
not to collect or store personal data about others;
not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by Four Controls; and to be bound by the Product Submission Policies of Four Controls, including that any product submission you may make to Four Controls will not be held in confidence by Four Controls, and is not proprietary, that Four Controls may use the product submission and any aspect thereof for any purposes in Four Controls’ sole discretion, and that Four Controls owes no duties or obligations with respect to you or the product submission made.
In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on this Site.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site. We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.
Four Controls’ paid social media partners can be identified by the hashtag #FourControlsPartner. Four Controls reserves the rights to their content and rights to leverage #FourControlsPartner content in marketing materials and communication.
Privacy Policy. Users of this Site and/or other products or services of Four Controls should refer to Four Controls’ Privacy Policy for information about how Four Controls uses and collects information. You agree that Four Controls may disclose your personal information to a third party if Four Controls believes in good faith that the law or legal process requires it, to protect the rights or property of Four Controls or others, or as otherwise described in the Privacy Policy.
Becoming a Registered User. There is no cost to become a registered user of our Site. You do not have to become a registered user to use this Site. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of our Site. You must register in accordance with instructions that you will find on this Site to participate in, and to contribute to, any Forum or use of the “Public Profile” feature of our Site. A “Forum” means any chat room, message board, bulletin board, information swap, or similar activity where you and other users of our Site can communicate.
If you elect to become a registered user of our Site, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Site (or any portion thereof). You agree not to, or seek to, assign, transfer or sublicense your rights as a registered user of this Site, which is strictly prohibited.
Community Standards and Conduct Guidelines. You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Site. We do not control the Postings posted, emailed or otherwise transmitted on our Site by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Site (as described below), you understand that by using this Site, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss, injury or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Site.
You agree not to use this Site (including any Forums) to:
Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, injuries, ethnically or otherwise objectionable (in our sole discretion);
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of Four Controls, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Four Controls, our affiliates, or any other person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Forum (or other portion of this Site) are able to type, or otherwise act in a manner that negatively affects other users’ ability to use any Forum;
Interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
“Stalk” or otherwise harass another user or employee of this Website; or
Collect or store personal data or attempt to collect or store personal data about other users of the Site.
Your privilege to use this Site (including the Forums) and contribute to discussions on the Forums depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Site and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in, any Forum.
All Forum communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this Site (including any Forum) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum. Although we reserve the right to remove, without notice, any Forum posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.
Submissions. If, at our request or on your own, you send, email, post or otherwise transmit to us or this Website information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, information, notes, drawings, articles, stories about yourself or other materials (including, but not limited to, posting, emailing, or otherwise transmitting Postings on any Forum) (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure or use of any Submissions. Without limitation of the foregoing, you grant us and our successors and assigns a royalty free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual, publicity and/or proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to, or recognition of, the provider of the Submissions.
Links. These Terms & Conditions apply only to this Site, and not to the websites of any other person, firm or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability or content of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
Third Party Products and Services. You may order services, merchandise or other products through our Website from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs, injuries and/or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
Your Password and User Account. If you are a registered user or subscriber of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
Content uploaded to the Site. In the event that you upload any photographs, comments, video clips, or other media to the Site (the “Uploaded Content”), Four Controls has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Websites, in perpetuity throughout the world as Four Controls in its sole discretion sees fit without further consent or payment. Four Controls has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. Four Controls has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. Four Controls may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Four Controls’ sole discretion. Four Controls is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.
Users of the Site must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.
Changes to the Site. Four Controls may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through or outside of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Four Controls shall not be liable therefore.
Linked Sites. Four Controls makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Four Controls, and Four Controls is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Four Controls of the site or any information contained therein. When leaving the Site, you should be aware that Four Control’s Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Copyright and Trademarks. All Site materials, including, without limitation, Four Controls and all Four Controls product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © Four Controls. ALL RIGHTS RESERVED. Four Controls or its suppliers or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Four Controls or the respective copyright owner. You may not, without the express written permission of Four Controls or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Site, its content, or services or products obtained through the Site; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Site or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Four Controls or any third party.
Trademarks: Together with other logos and product names described on this Site, the following are trademarks or registered trademarks of Four Controls in the United States and other countries: Four Controls, Control Training, and “Tame|Train|Transform”.These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Four Controls or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Four Controls, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Four Controls. Other names and brands may be claimed as the property of others.
Copyright Policy and Copyright Agent. It is Four Controls’ policy to respect the copyright and intellectual property rights of others. Four Controls may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Four Controls may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Four Controls complies with the Digital Millennium Copyright Act.
If you believe that Four Controls or any user of our Site has infringed your copyright in any material way, please notify Four Controls, and provide the following:
an identification of the intellectual property right claimed to have been infringed;
an identification of the material that you claim is infringing so that we may locate it on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law;
and a statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by email to: inquiries@fourcontrols.com.
Health Disclaimer. You should consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. Not all exercise programs are suitable for everyone. You should always consult your physician or health care specialist before performing any of the exercises in this program, especially if you have any chronic or recurring physical conditions, and/or if you are pregnant, nursing, or elderly. The instruction presented herein is in no way intended as a substitute for medical advice or counseling.
This site offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided including workouts on this site are solely at your own risk.
Indemnification. You agree to indemnify, hold harmless and, at our option, defend Four Controls and our affiliates, and our and their officers, directors, employees, stockholders, agents, suppliers, providers, models, or entertainers and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of this Website or our products, services or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
Product Information. For questions about the products or services on this Site, please use the Customer Service email links on the support page in the footer of the Site. For questions about orders placed through the Site or otherwise, please use the Customer Service link in the email receipt you receive or by visiting the online Customer Service Center.
Product and Service Descriptions. We have taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products or services through the Site, please note that: orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Site, including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error;
All prices are displayed in United States Dollars unless expressly indicated otherwise; packaging may vary from that shown on the Site; any weights, dimensions, and capacities shown on the Site are approximate only; and all items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
Order and Payment Information. If you use the Site or other means to purchase a product, payment must be received by Four Controls prior to Four Controls’ acceptance of an order, unless otherwise agreed by Four Controls. Four Controls may need to verify information you provide before Four Controls accepts an order and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Four Controls will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Four Controls expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
In ordering products through the Site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Four Controls is registered to you. Four Controls shall have the right to bar your access to and use of the Site or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Four Controls, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Four Controls may reject orders where the stated delivery address is outside the United States and Canada. Four Controls will add applicable shipping and handling fees.
Four Controls reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Site without incurring any obligation to you.
Four Controls’ descriptions of, or references to, products not owned by Four Controls on and outside of the Site do not imply endorsement of that product, or constitute a warranty, by Four Controls.
Shipping. Unless otherwise noted, Four Controls will use its best efforts to ship products within four weeks of the receipt of a properly completed order. However, any delivery or shipment date provided by Four Controls to you is Four Controls’ good-faith estimate. You understand that product availability may be limited, and particular products may not be available for immediate delivery. Four Controls shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. Four Controls cannot ship to P.O. boxes.
Automatic Renewal. With regards to any product made available to you on a monthly (or other period) subscription as sold through the Site or otherwise (including any free trial product) (the “Product”), the default term of our agreement shall be for so long as we make the Product available to you. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED (AND CHARGED TO THE ACCOUNT YOU HAVE PROVIDED) FOR ANOTHER TERM AT THE EXPIRATION OF YOUR CURRENT TERM, WHENEVER LOCAL REGULATIONS ALLOW, FOR A FEE NO GREATER THAN OUR THEN-CURRENT PRICE, EXCLUDING PROMOTIONAL AND DISCOUNT PRICING.
The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed (and your card charged) within 30 days prior to the expiration of the term and each period thereafter. IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST INFORM US OF YOUR INTENTION NOT TO RENEW YOUR SUBSCRIPTION TO THE PRODUCT PRIOR TO THE EXPIRATION OF YOUR SUBSCRIPTION TERM.
You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service.
We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.
Refund Policy.
PLEASE NOTE: Four Controls Membership, Personal Training Sessions, all other digital products and merchandise are non-refundable. All sales are final.
Cancellation of Subscriptions. You have the right to cancel your use of or participation in Subscription Services at any time. We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services or Program Materials, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Program, Product or Service.
Please note, there are no refunds for charges incurred on any subscription plan. To avoid being charged after starting a trial or services, please cancel the subscription at least 24 hours before expiration. You will not lose access to the free trial if you cancel early. You’ll be able to stream all of our subscription-available videos anytime, anywhere, from nearly any device. On cancellation, you will continue to have access to content until the end of the current monthly or annual billing cycle.
All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.
Warranties. CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS FOR SALE ON OR OUTSIDE THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH FOUR CONTROLS. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH OR OUTSIDE THE SITE.
Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND OTHER PRODUCTS AND SERVICES OF FOUR CONTROLS IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
YOU ACKNOWLEDGE THAT FOUR CONTROLS DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO FOUR CONTROLS FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, FOUR CONTROLS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THIS SITE. NOR DOES FOUR CONTROLS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, OR ITS CONTENT.
ALTHOUGH FOUR CONTROLS STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, FOUR CONTROLS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, FOUR CONTROLS DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
FOUR CONTROLS DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, FOUR CONTROLS DISCLAIMS ALL WARRANTIES NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The terms of this section survive any termination of the Terms and Conditions.
Limitations on Liability. WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL FOUR CONTROLS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF FOUR CONTROLS OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FOUR CONTROLS’ LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS FOR ANY PRODUCTS SUPPLIED BY FOUR CONTROLS THROUGH YOUR USE OF THE SITE OR OTHERWISE.
FOUR CONTROLS WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.
The terms of this section survive any termination of the Terms and Conditions.
International Users. This Site is controlled, operated, and administered by Four Controls from its offices within the United States of America. Four Controls makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
Termination. Notwithstanding any of these Terms and Conditions, Four Controls reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block or prevent future access to and use of the Site. You agree that Four Controls shall not be liable for any termination of your use of or access to the Site.
Third-Party Rights. Only you and Four Controls shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
Severability. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
The terms of this section survive any termination of the Terms and Conditions.
Language. It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.
Dispute Resolution. It is hoped that should we ever have any differences, we could be able to work them out amiably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to inquirers@fourcontrols.com and include all of your reasons for dissatisfaction with the Program. YOU AND FOUR CONTROLS AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND FOUR CONTROLS AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. By purchasing our Programs, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within ninety (90) days of the date of your e-mail referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action. You also agree that should arbitration take place, it may be held via telephone or held in person in Lebanon in the State of Ohio, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect. The terms of this section survive any termination of the Terms and Conditions.
General. The Terms and Conditions constitute the entire agreement between Four Controls and you with respect to your use of the Site, your purchase of products and services through the site, and as applicable any products or services of Four Controls. Any cause of action you may have with respect to the Site or Four Controls’ products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Four Controls to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Four Controls, and you do not have any authority to create any obligation or make any representation on Four Controls’ behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Four Controls’ written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Four Controls and their respective successors and assigns.
The terms of this section survive any termination of the Terms and Conditions.
Other important terms. We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site. The Terms and Conditions displayed on the Website at the time the order is accepted will apply to the order.
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
Last updated and effective April 7, 2021.