Terms of Service

PROGRAM TERMS OF USE

THERE IS A MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION IN THESE TERMS.  PLEASE REVIEW CAREFULLY.

The following terms (“Terms of Use”) constitute an agreement between Perform 2 LLC (the “Company”) and the purchaser (“you”) of the exercise and/or nutrition program (the “Program”) offered by Company found at https://perform2.com/ (the “Website”) that governs your purchase and participation in the Program. You agree to abide by the Terms of Use as a condition of your participation in the Program.

Your purchase of the Program constitutes your acceptance of, and agreement to the following Terms of Use. The Program is intended only for users 18 years of age or older, and by purchasing or using the Program, you warrant and represent you are at least 18 years old. Company reserves the right to modify, alter, amend, or update its Program, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you should not purchase the Program. Additionally, this Program is hosted on the TRAINERIZE platform and is subject to TRAINERIZE’S Terms of Service and Privacy Policy.

Privacy Policy

Company respects your privacy and is committed to protecting it. Your access and use of the Program is subject to the Program’s privacy policy as well. 

Disclaimer

You understand that a professional relationship does not exist between you and Company outside of the purchase of this Program.  Company has made every effort to ensure that all materials within the Program have been tested for accuracy however Company cannot guarantee the accuracy of all data/information presented. There is no guarantee that you will see positive results using the techniques and materials provided by Company or that you will obtain any specific result or outcome. Company assumes no responsibility for your use of the Program. 

Certifications 

Jonathan McGruder is a certified personal trainer, certified nutrition coach and a licensed physical therapist assistant. 

Fitness Disclaimer

The Program or this Website may discuss topics related to health, wellness, fitness, nutritional information and includes exercises and workouts.  This information provided in the Program and on this Website is for informational purposes only. Consult a physician or medical professional before beginning any fitness program. This information is not intended as a substitute for the advice provided by your physician or other healthcare professional. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Speak with your physician or healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or using any treatment for a health problem.  Any form of exercise poses inherent risk of injury and by voluntarily engaging in any exercise, workout, nutritional services presented in the Program, you assume the risk of any potential injury that may result. Even if the information provided in the Program is from a certified personal trainer, it is for informational purposes only and the personal trainer has not consulted with you on an individual basis.

You hereby affirm that you are in good physical condition and do not suffer from any known disability or condition which would prevent or limit your participation in any exercise provided by the Company. You acknowledge that your enrollment and all subsequent participation in any exercise is voluntary, and you do so entirely at your own risk. You acknowledge that you have any necessary approvals from your doctor or medical professional to begin an exercise program. If you suspect that you may have an ailment or illness that may require medical attention, then you understand that it is your responsibility to consult with a licensed physician immediately.   

You understand that participating in exercise carries the risk of injury or illness, including sprains, broken bones, heart attack, other serious injury or death. You expressly agree that all risk of injury is undertaken at your sole risk. In the event that you should require medical care or treatment, you agree to be financially responsible for any costs incurred as a result of such treatment. You are aware and understand that you should carry your own health insurance.

MEDICAL INFORMATION DISCLAIMER

Although Jonathan McGruder is a licensed physical therapist assistant, nothing presented in the Program creates a professional-patient relationship between you and Jonathan McGruder and no physical therapy services are being provided. The Program may discuss topics related to health, fitness, nutrition, or medicine. This information is not advice and should not be treated as medical advice. The information provided in the Program is provided "as is" without any representations or warranties, express or implied. 

You must not rely on the information in the Program as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided in the Program.  All medical information in the Program is for informational purposes only.

Your Responsibility

The Program was developed strictly for educational purposes. You understand and agree that you are fully responsible for your participation, progress, and results from the Program. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. You understand that Company is not responsible for your results or any expenses that you may incur as a result of your purchase. Company assumes no responsibility for errors or omissions that may appear in the Program. 

Purchase Policies

You may purchase the Program on the Website on a monthly or yearly basis. To purchase a Program, you will be required to select a payment plan and provide Company’s third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your user account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Use. You hereby authorize Company to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you complete full payment, and you further agree to pay any charges so incurred. If you dispute any charges, you must let Company know within sixty (60) days after the date that Company charges you. 

Company reserves the right to change the price of the Program. Your continued use of the Program after the price change becomes effective constitutes your agreement to pay the changed amount. Access will be revoked to the Program if you choose a payment plan or subscription and do not complete the payments on schedule.

Your Membership will automatically renew each month or year, depending on the payment plan you have selected. It is your responsibility to cancel the Membership prior to renewal. You may terminate by emailing info@perform2.com, subject line titled “Termination” with First and Last Name included in the body of the message.

Registration and Restricted Access

Access to the Program is restricted to Program participants.  When you register, you will create a user profile, which may include a username and password. You agree to keep your username and password confidential.  You may not share your username and password with anyone, for any reason, without express written consent by Company.  If you suspect your password has been compromised, you must notify Company immediately at info@perform2.com. Company will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to Company or other third parties for any losses incurred due to such unauthorized use.  Company may disable your username and password and access to the Program at its sole discretion.  Company reserves the right to modify methods for registration and access levels of registered users from time to time.

Refund Policy

Company does not provide refunds. Certain jurisdictions may have longer periods where refunds will be granted. Company will honor such periods as required by law.

License for use of Program

The Program was developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.  You may not create any derivative works of the Program.  When you purchase the Program, you agree that you will not use any information you gain from the Program to create any product or service, whether offered for commercial or personal use, without express written consent of the Company.  All inquiries for use of Company intellectual property must be submitted to info@perform2.com.  Company reserves the right to seek equitable and compensatory relief for any violation of this term.

Intellectual Property

All original materials provided by Company as part of the Program are owned by Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Company's intellectual property or any aspect of the Program. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display, or perform is granted or implied. Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. 

By accessing and viewing any Program, you agree that you will not create any electronic information product that utilizes the information gained through the Program whether or not that information was available through other means.

Certain of the names, logos, and other materials displayed in the Program constitute Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Company IP”). You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company, and you agree not to make any claims or assertions of any other party’s ownership of Company IP.

PERFORM2 is a trademark of Company and is protected by United States trademark law. Company's and instructor’s trademarks and trade dress may not be used in connection with any product or service that is not Company's or the instructor’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company, the Program, or any experts featured therein.

Use of the Program

The Program includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. You may view, download, print, email, and use materials from a Program for personal, noncommercial purposes only subject to the license below. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from any Program for commercial purposes. Any reproduction or unauthorized use of any materials found in the Program shall constitute infringement.

Unless otherwise stated, Company owns the intellectual property and rights to all content and material in the Program. Subject to the license below, all intellectual property rights are reserved. 

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use. 

The following uses are not permitted:

• Republication of content from the Program, unless content is specifically and expressly made available for republication; 

• Sale, rental, or sub-license of any content from the Program;

• Reproduction or duplication of any content in the Program for commercial purposes; 

• Modification of any content in the Program, unless content is specifically and expressly made available for modification; or

• Redistribution of content in the Program, unless content is specifically and expressly made available for redistribution. 

You must not use the Program in a way that causes, or may cause, damage to the Program or impairs the availability of access to the Program. You must not decompile, reverse engineer, disassemble or otherwise reduce the Program, except to the extent that such activity is expressly permitted by applicable law. You must not use the Program to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Program without Company's express written permission. You must not use the Program to transmit or send any unsolicited commercial communications. 

You must not use the Program for any third-party marketing without Company's express written permission.

Content Contributed to the Program

Any content you contribute to the Program, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party. You understand and agree that Company shall own any content submitted in the Program or related thereto. 

Company reserves the right to edit or remove: (i) any material submitted to the Program; (ii) stored on Company’s servers; or (iii) hosted or published on the Program or Website.  Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Program.   

COMMENT POLICY

The Program may offer you the option to provide comments either written or verbal.  The following types of comments will not be tolerated and will be deleted: 

• harassment directed toward any content creator, participant, or Company;

• spam;

• hate speech;

• defamatory to Company or any third party;

• reference illegal acts; 

• violate the legal rights of a third party; or

• Any other action that may impede the use and enjoyment of the Program by other participants.

Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.  

You are, and shall remain, solely responsible for the any content you upload, submit, post, transmit, communicate, share, or exchange by means of the Program, and for the consequences of submitting or posting same. COMPANY DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE PROGRAM AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREIN.

You and any participant violating the Terms of Use may be immediately and permanently removed from the Program, in Company’s sole discretion and no refund will be due to you in such case.

Any content posted in the Program is the sole responsibility of the person(s) who created it, and Company and its employees, agents, directors, and officers, undertake no obligation or liability related to such content. Company and its employees, agents, directors, and officers do not undertake or assume any duty to monitor for inappropriate or unlawful content posted by participants, nor does it assume responsibility or liability that may arise from any content posted in the Program, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.  

Company reserves the right to report to the appropriate authority any post, comment, message, or participant in the Program that Company deems, in its sole discretion, may implicate the safety of either Company, a participant or a third-party.

All posts in the Program are confidential and may not be shared by any member outside of the Program. You acknowledge, however, that the Program may be joined by any member of the public, and so confidentiality cannot be guaranteed. Please do not post any information that you do not want shared.

Communication - Electronic Notice

You consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

Third Parties

The Program and Website offers resources that may contain references or links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to your use of a third-party website. 

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Program, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked in the Program, you expressly hold Company harmless from any and all liability in any dispute.

No Warranties

The Program is provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Company makes no representations or warranties in relation to the Program, or the information and materials provided therein. 

Company makes no warranty the Program will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Program. 

Limitation of Liability

COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE, THE PROGRAM OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Indemnity

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

Equitable Relief

You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

Miscellaneous

The Terms of Use will be governed and construed in accordance with the laws of the State of Virginia. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Hampton County, Virginia. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by you without Company's prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion. The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Program offered by Company. Company reserves the right to amend, alter, or modify the Terms of Use at any time. The failure of Company to exercise or enforce any right or provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the Terms of Use by Website or Company must be in writing and signed by an authorized representative of the Company. All notices with respect to the Terms of Use must be in writing and may be via email to info@perform2.com for Company and to your email address. 

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

Last updated: March 18, 2022.