IMPACT FITNESS COACHING ACADEMY · Terms and Conditions for Online Sales · Effective Date: 03/05/2025
These terms and conditions (these “Terms”) apply to purchases through www.impactcoachacademy.com (the “Site”). These Terms are subject to change by IFCA (“us,” “we,” or “our”) without prior written notice at any time, in our sole discretion. Any changes will be in effect as of the “Last Updated Date” referenced on the Site. Your continued use of this Site after that date constitutes acceptance of and agreement to such changes.
Welcome to IMPACT FITNESS COACHING LLC (“we,” “us,” or “our”). These Terms of Service (“ToS” or “Agreement”) govern your access to and use of our services, including business mentorship & coaching, marketing & lead-generation systems, client-management software, educational content & resources, community access, content-creation tools, client-retention systems, sales & conversion training, technical implementation support, and business-growth consulting (collectively, the “Services”). By accessing, using, or interacting with our Services, you (“User,” “you,” or “your”) agree to be bound by these ToS and our Privacy Policy, which is incorporated by reference. If you do not agree, you must discontinue use immediately. This Agreement forms a legally binding contract between you and IMPACT FITNESS COACHING LLC, and includes the Arbitration Agreement in Section 12, which waives your right to a jury trial and to participate in class actions.
By accessing or using the Services, you affirm that you are at least 18 years of age (or the age of majority in your jurisdiction) and capable of entering into a legally binding agreement. If you are using the Services on behalf of a legal entity, you represent that you have authority to bind that entity to these ToS.
We reserve the right, at our sole discretion, to modify, update, or change these ToS at any time, effective upon posting. You should review these ToS regularly. Your continued use of the Services after any changes constitutes acceptance. If you do not agree, you must stop using the Services immediately.
a) Description of Services. We provide the following professional services to health and fitness industry professionals: business mentorship & coaching; marketing & lead-generation systems; client-management software; educational content & resources; community access; content-creation tools; client-retention systems; sales & conversion training; technical implementation support; and business-growth consulting.
b) Third-Party Subcontractors. To enhance functionality, we use the Sales Kick platform as a subcontractor to process and enrich your data. Sales Kick operates solely under our direction and is not a party to this Agreement. You will not interact directly with Sales Kick, and your data will be processed as part of our integrated service offering.
c) Service Availability. While we strive for continuous availability, we cannot guarantee the Services will be uninterrupted or error-free. We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice.
a) Compliance with Laws. You agree to comply with all applicable laws, regulations, and industry standards, including privacy, data-protection, intellectual-property, and export-control laws.
b) Account Responsibilities. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity under your Account, and must notify us immediately of any unauthorized use.
c) Prohibited Activities. You agree not to: use the Services for any illegal or unauthorized purpose; infringe the rights of others, including IP rights; interfere with or disrupt the Services or connected networks; use automated means (bots, scrapers) to access or collect data without our permission; impersonate any person or entity or misrepresent your affiliation; transmit malware, viruses, or other harmful code; or engage in any activity that could damage, disable, or impair the Services.
a) Data Collection and Processing. We collect and process your Personal Data to provide the Services, including data you provide directly, data collected automatically, and data obtained from third-party sources. Your data may be enriched through the Sales Kick platform to enhance accuracy, relevance, and utility.
b) User Consent. By using our Services, you consent to: the collection, processing, and sharing of your data as described in these ToS and our Privacy Policy; use of your data to improve, customize, and optimize the Services, including data enrichment and calendar management; sharing your data with Sales Kick, our subcontractor, solely to provide the Services; and transfer of your data to and from third-party service providers as necessary to deliver the Services.
c) Data Sharing and Disclosure. We may share your data with subcontractors, including Sales Kick, who are bound by confidentiality and data-protection obligations and may not use your data other than to perform the Services on our behalf. We may disclose your data to comply with legal obligations, such as court orders, legal processes, or government requests. I understand that by submitting an application to book a sales call, I am providing written instructions authorizing IFCA and affiliates to obtain my personal credit profile or other information from credit reporting agencies under the FCRA solely to conduct a credit pre-qualification. I further understand that this is a soft pull and will not harm my credit in any way whatsoever.
d) Data Security. We implement reasonable security measures to protect your data from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security. You are responsible for safeguarding the device and network through which you access the Services and for keeping your software and systems up to date.
a) Ownership. All intellectual-property rights in the Services, including software, content, trademarks, and logos, are owned by IMPACT FITNESS COACHING LLC or its licensors. Your use of the Services grants you no rights to our IP except the limited rights necessary to use the Services in accordance with these ToS.
b) License to Use. Subject to your compliance, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.
c) Restrictions. You may not copy, modify, distribute, sell, or lease any part of the Services or included software; reverse engineer or attempt to extract source code except as permitted by law; or use any of our IP, including trademarks, logos, or content, without our express written consent.
a) Your Representations. You represent and warrant that you have legal authority to enter into and comply with these ToS; that all information you provide is accurate, complete, and current; that you will comply with all applicable laws; that your use will not infringe the IP, privacy, or other rights of any third party; and that you will not engage in activity harmful to us, Sales Kick, other users, or the public.
b) Our Representations. We represent that we will comply with all applicable laws, including data-protection and privacy laws; that our provision of the Services will not conflict with any other agreement or legal obligation; that we will implement reasonable security measures and ensure our subcontractors comply with applicable data-protection obligations; and that we will make commercially reasonable efforts to ensure continuous availability, subject to these ToS.
c) Disclaimer of Warranties. Except as expressly provided, the Services are provided “as-is” and “as-available” without warranty of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, or warranties arising from course of dealing, performance, or usage in trade.
d) Exclusion of Damages. To the fullest extent permitted by law, IMPACT FITNESS COACHING LLC, Sales Kick, and their affiliates, officers, agents, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or use, arising out of or related to your use of the Services, even if advised of the possibility of such damages.
e) Cap on Liability. In no event shall the total liability of IMPACT FITNESS COACHING LLC, Sales Kick, and their affiliates to you for all claims arising out of or related to these ToS or your use of the Services exceed the amount you paid to us for the Services in the 12 months preceding the claim.
f) No Liability for Third-Party Services. We are not responsible for any Third-Party Services made available through the Services. Your use of them is at your own risk, and we make no representations or warranties regarding them.
You agree to indemnify, defend, and hold harmless IMPACT FITNESS COACHING LLC, Sales Kick, and their affiliates, officers, agents, employees, partners, and licensors from any claim, demand, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to: your use of the Services; your breach of these ToS or violation of any applicable laws or the rights of a third party; any claim that your use infringes the IP rights of a third party; or any data or content you provide or create through the Services.
a) By You. You may terminate your use of the Services at any time by ceasing to use them and, if applicable, closing your Account.
b) By Us. We may suspend or terminate your access at any time, without notice or liability, for any reason, including if we believe you have violated these ToS or engaged in unlawful behavior.
c) Effects of Termination. Upon termination, your right to use the Services immediately ceases. Provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
a) Governing Law. These ToS and any disputes arising out of or related to them are governed by the laws of Ohio, USA, without regard to conflict-of-laws principles.
b) Arbitration Agreement. You and IMPACT FITNESS COACHING LLC agree that any dispute, controversy, or claim arising out of or relating to these ToS, the Services, or any relationship between the parties — whether in contract, tort, statute, fraud, misrepresentation, or any other theory — shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules, before a single arbitrator experienced in the relevant type of services. The arbitrator’s decision is final and binding. Arbitration will take place in Columbus, Ohio, or another mutually agreed location. If the amount in controversy does not exceed $10,000, you may choose to have the arbitration conducted by telephone, video conference, or written submissions, subject to the arbitrator’s discretion. The parties share the costs of arbitration equally unless the arbitrator determines otherwise, and each party bears its own legal fees unless the arbitrator awards them to the prevailing party under applicable law. Any arbitration or proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. If any portion of this Arbitration Agreement is found unenforceable, the remaining portions remain in effect; however, if the class-action waiver is found unenforceable, the entire Arbitration Agreement is null and void. Where this Arbitration Agreement is found not to apply, non-arbitrable disputes shall be resolved exclusively in the state or federal courts located in Columbus, Ohio, and you consent to venue and personal jurisdiction there. Arbitration proceedings, exchanged documents and information, and any final award shall be strictly confidential except as necessary to enforce or challenge the award or as required by law.
a) Entire Agreement. These ToS, together with our Privacy Policy, constitute the entire agreement between you and IMPACT FITNESS COACHING LLC concerning the Services and supersede any prior agreements, written or oral.
b) Severability. If any provision is found unlawful, void, or unenforceable, that provision is severable and shall not affect the validity of the remaining provisions.
c) Waiver. No waiver of any term shall be deemed a further or continuing waiver, and our failure to assert any right or provision shall not constitute a waiver of that right or provision.
d) Assignment. You may not assign your rights or obligations under these ToS without our prior written consent. We may assign ours without restriction.
e) Force Majeure. We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, strikes, supply-chain disruptions, pandemics, power outages, or governmental restrictions.
f) Headings. Headings are for convenience only and have no legal or contractual effect.
g) Contact. For any questions or concerns regarding these ToS, contact us at [email protected].