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FrankTheTank LLC TERMS & CONDITIONS

ABOUT FrankTheTank LLC

The FrankTheTank digital applications (App) and fitness and nutrition services and products (Fitness Products) are available via our website at trainwithfrankthetank.com (Website). These platforms are owned by FrankTheTank LLC (‘FrankTheTank’, ‘we’, ‘our’, or ‘us’).

FrankTheTank offers various Fitness Products that are showcased on the Website and can be purchased in-app through Apple and Google. These include, but are not limited to:

DIGITAL PRODUCTS:

  • Monthly Subscription. Available on our mobile application for Android and iOS, which can be downloaded to your mobile device.
  • Annual Subscription. This can also be accessed via our mobile application for Android and iOS.

DISCLAIMER

‘FrankTheTank' does not provide personal training in person, or individually tailored exercise, fitness, or nutrition advice. The fitness programs and nutritional guidelines provided by FrankTheTank (Programs) are generic, based on the individuals’ goals provided during the sign-up process on the App or Website. We recommend consulting with a healthcare professional before beginning any fitness program.

  • Once a subscription is purchased via the FrankTheTank App or the Website (trainwithfrankthetank.com), the buyer will receive the requested number of months of app access. App access can be purchased for 1 month or 12 months. This period starts from the date the account is created and payment is made. If a free trial or other promotion is available at the time of purchase, your app access will commence when the promotion or free trial concludes. App access will not be extended unless proof of an emergency medical condition is provided. FrankTheTank Programs do not account for any medical conditions, pregnancy, breastfeeding, or any other specific health or medical issues. If you have, or are potentially at risk of, any health condition or medical issue, or are pregnant or breastfeeding, we highly advise you to consult your healthcare provider before participating in any Program. FrankTheTank does not guarantee specific outcomes as a result of participation in a Program, or the use of meal plans, nutrition guides, or other Fitness Products. Testimonials provided on the website are unique to each individual, and results may vary.

2. TERMS OF USE

By registering an Account with FrankTheTank, or using the App or Website in any way, you acknowledge and agree that you:

  • Have read and understood these terms and conditions and agree to be bound by them.
  • Consent to the use of your personal information as outlined in these terms and conditions and the App.
  • Acknowledge that FrankTheTank may amend its terms and conditions periodically, and will update them on the Website and App. The new terms will take effect from the date they are posted on the Website and App. Continued use of the Website, App, Fitness Products, and purchasing goods and services from FrankTheTank after the amended terms are posted implies acceptance of the updated terms.

3. REGISTRATION ON A PROGRAM AND LICENSE

You must be at least 18 years old to register an Account on the Website or App, use any Fitness Product, or participate in a Program. Each purchase of a Fitness Product is for your personal use only. You may not authorize third parties to use any Subscription or other digital products or services provided by us via your Account. Upon registration of a Subscription, FrankTheTank grants you a limited non-exclusive, non-sub licensable, non-transferable, and revocable license to use the materials associated with the Subscription, as per these terms and conditions, for your personal use.

4. PAYMENTS AND REFUNDS

Payments for all Fitness Products and other goods or services ordered through the Website are to be made at the time of purchase using the available payment options - credit card, ApplePay, GooglePay, Stripe, or PayPal. No refunds are available for any Fitness Products or Subscriptions, and all sales are final upon purchase. Payments processed through the App Store or Google Play Store will be handled by their respective platforms, over which we have no control.

5. PRIVACY

FrankTheTank prioritizes your privacy. When you register an Account or purchase a Fitness Product, we will have access to the personal information you provide. This information will be protected and used in accordance with our Privacy Policy. We may use your email to communicate with you about FrankTheTank related information. If you do not wish to receive any communications from us, please let us know, or alternatively, follow the unsubscribe instructions provided at the end of the emails.

6. FrankTheTank FORUM COMMUNITY GUIDELINES

The FrankTheTank Forum is a place for users to share their experiences, gain knowledge, find inspiration, and develop friendships during their health and fitness journey. We have a few simple guidelines we ask all users to follow.

COMMUNITY RULES

  • Always respect other opinions and be polite
  • Cursing and other forms of profanity are strictly prohibited
  • Absolutely zero tolerance for bullying or demeaning comments
  • Only post things within the confines of the law or risk losing your access without a refund
  • Never post any mental illness-related content
  • Spam or advertising of other products is strictly prohibited
  • Any posted content is public information and can be used against you without liability to FrankTheTank.
  • Do not post, publish, distribute or display sexually explicit images. Notice will be deemed given 24 hours after the email is sent. For avoidance of doubt, "writing" includes emails. When we refer to "in writing" in these terms and conditions, this includes email.

7. ACCOUNT SUSPENSION OR TERMINATION

FrankTheTank reserves the right to suspend or terminate your Account or registration on the FrankTheTank App at any time, if we determine that you have violated these terms and conditions, or if we deem it necessary to do so. FrankTheTank will notify you of such suspension or termination in writing, which may include email communication to the email used to create your account. This can include, but is not limited to, situations where a User is under investigation by FrankTheTank, or where the User is believed to be in violation of the community rules stated above, found within the FrankTheTank App. Customers may discontinue using a Subscription, the App, and the Website whenever they desire.

8. COMPLAINTS

Customers may raise complaints regarding any goods or services provided by FrankTheTank, or any other issues concerning FrankTheTank by emailing us at support@trainwithfrankthetank.com. Customers should provide detailed information about the nature of the complaint and attach any supporting documents if applicable. FrankTheTank will investigate the complaint and provide a response within 7 business days.

9. RISK ACKNOWLEDGMENT AND DISCLAIMERS

You acknowledge and agree that any exercise routines and programs carry inherent risks, and participation in any FrankTheTank Programs or use of any Fitness Products can lead to severe injury, including but not limited to broken bones, soft tissue injuries, joint injuries, and heart, lung, and breathing problems due to:

  • Known or unknown health conditions or previous injuries.
  • Pregnancy.
  • Engaging in overly strenuous activities.
  • Tripping or slipping over fitness equipment.
  • Attempting activities beyond your exercise capability.
  • You understand that any exercise and nutrition guides provided by FrankTheTank are not tailored to your specific circumstances. Therefore, you should consult with a healthcare provider before following any advice or plan or participating in a Program offered by FrankTheTank.
  • FrankTheTank does not guarantee that the App or Website will function on any particular device. You acknowledge and agree that technical difficulties or delays may occur, which is an inherent risk of all internet and electronically based systems.

10. CUSTOMER WARRANTIES

By using our services, you represent and warrant to FrankTheTank that:

  • You are at least 18 years old.
  • You have sought and obtained medical advice before starting any Program or following any meal plan or nutrition guide provided by FrankTheTank inside the App.
  • All information and documentation provided to FrankTheTank is truthful, accurate, and not misleading in any way.
  • You will exercise in a safe and suitable location for the Program.
  • You will comply with these terms and conditions at all times.
  • You will solely manage any food allergies or intolerances you may have.

11. LIMITATION/EXCLUSION OF LIABILITY

  • Clients understand and agree that FrankTheTank LLC limits its liability to the greatest extent allowed by Texas State law. Specifically, we bear no responsibility for:
  • Client's negligence or errors;
  • Actions or negligence of an unrelated third party not involved in the provision of goods or services by FrankTheTank LLC;
  • Complaints or defects concerning the quality, suitability, or availability of a Program or Fitness Product;
  • Delays in, or inability to access the Website or an App (FrankTheTank LLC does not warrant uninterrupted or error-free access to the Website or the App); and
  • Defamatory, libelous, unlawful, or offensive dialogues between Clients or towards other Clients or third parties.
  • We are not liable for any failure on your part to identify dietary restrictions connected with known or unknown food allergies or intolerances.

12. INDEMNITY

  • Clients agree to indemnify and hold FrankTheTank LLC, its managers, directors, employees, and agents, harmless from any claims arising out of or in connection with:
  • Client's use of the App or participation in Programs;
  • Use of products purchased through the Website;
  • Violation of these terms and conditions;
  • FrankTheTank LLC's use of your Client Content;
  • Violation of duty of care or negligence towards another Client;
  • Client's defamatory, libelous, hateful, aggressive, violent, obscene, unlawful, or offensive behavior towards other Clients or third parties.

13. NOTICE

We will provide notices via email to the address associated with your account. Clients can provide notice to us by emailing support@trainwithfrankthetank.com.

14. ASSIGNMENT

FrankTheTank LLC may transfer or assign rights and benefits under this agreement and subcontract our obligations under this agreement to a third party at any time without Client approval.

15. SEVERANCE

If any provision of these terms is found to be illegal, invalid, or unenforceable, in whole or in part, under any law, such provision or part thereof will not form part of these terms.

16. ENTIRE AGREEMENT

These Terms constitute the full agreement between FrankTheTank LLC and Clients, superseding all prior agreements or commitments.

17. INTELLECTUAL PROPERTY AND OWNERSHIP

The App, the FrankTheTank LLC logo and trademarks, and all content of Programs, Website, Fitness Products, Subscriptions, and any related materials (FrankTheTank LLC Intellectual Property) remain our property at all times. You commit to refrain from copying, publishing, or reproducing FrankTheTank LLC Intellectual Property, except as expressly permitted by these terms and conditions.

18. GOVERNING LAWS

These terms and conditions will be governed by and interpreted in accordance with Texas State law, United States of America. All parties agree to submit to the jurisdiction of the Courts of Texas, United States of America.

19. YOUR ACKNOWLEDGMENTS AND CONSENTS

By registering an Account, you acknowledge and agree that:

  • You have read and understood these terms and conditions and agree to be bound by them;
  • You are responsible for all costs associated with your usage of the Programs, and Apps on a mobile device, including data usage fees and other telecommunication fees;
  • You consent to FrankTheTank LLC disclosing your personal information in accordance with these terms and conditions; and
  • You agree to receive any communications from us as outlined above, with the option to opt-out at any time.