WEBSITE TERMS AND CONDITIONS OF USE WITH DISCLOSURES AND DISCLAIMERS

1. Intellectual Property

The Websites include materials protected by intellectual property laws, including without limitation written text, logos, photos, videos, music, art, designs and/or graphics. 

You are granted a non-exclusive, non-transferable, revocable license to access and use the Websites and the resources available on the Websites in accordance with these TOU. You agree that you will not use the Websites or any of the resources available on the Websites for any purpose that is unlawful or prohibited by these TOU. 

You may view, download, print, email and use materials from the Websites for personal, noncommercial purposes only. This means you may view, download, print, email and use one copy of the free downloadable resources available on the website for your personal purposes or your own business purposes only. 

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Websites for commercial purposes or in any way that earns you or any third-party money (other than by applying them generally in your own business.) Any reproduction, scraping, republishing or unauthorized use of any materials or content found on the Websites shall constitute infringement.

2. Visitor Comments and Posts

If you submit, comment or post any materials (such as photos, videos or written content) to the Websites, you represent and warrant that: (1) you are at least thirteen (13) years old; (2) you are the owner of or have permission to share such materials; (3) you grant PNP a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grant PNP a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising. PNP does not claim any ownership rights in your materials.

Please choose carefully the materials that you upload to, submit to, or embed on the Websites. Any material you post on the Websites becomes public. You are responsible for your material and for any liability that may result from the material you post on the Websites.  You participate, comment, and post material on the Websites at your own risk.  Any communication by you on the Websites, whether by leaving a comment or participating in a chat room, message board, public forum, chat bot, contact submission form or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time. 

PNP, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Websites. PNP does not, however, have any obligation to monitor posts, comments, or material submitted by third parties.  PNP neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Websites. PNP shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Websites.

3. Visitor Behavior on the Websites

You are strictly forbidden from the following:

• Causing damage to the Websites

• Using the Websites for any unlawful, illegal, fraudulent or harmful purpose or activity

• Using the Websites to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software

• Using the Websites to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes

• Systematically or automatically collecting data from the Websites

• Sharing private and proprietary information from online courses with anyone else

PNP may, without notice, refuse access to the Websites, in whole or part, to any person that fails to comply with these TOU.

4. DISCLAIMERS

The Websites provide information only, and do not provide any financial, legal, medical or psychological services or advice. None of the content on the Websites prevents, cures or treats any mental or medical condition. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. PNP disclaims any liability for your reliance on any opinions or advice contained in the Websites.

The Websites are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional.  You should consult with a professional if you have specific questions about your own unique situation.  

PNP may demonstrate certain physical exercises.  You understand that physical activity and exercise are inherently risky and dangerous activities.  Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by PNP. You acknowledge PNP and its owners, agents, employees, and contractors may not be a trained or certified exercise instructor or personal trainer.

5. IMPORTANT EARNINGS DISCLAIMER – NO GUARANTEE OF RESULTS OR EARNINGS 

You agree that PNP has not made and does not make any specific representations about the earnings or results you may receive. PNP cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Websites, and you understand that results and earnings differ for each individual. 

6. SMS Messaging 

If you provide your mobile number and opt-in to receive SMS messages from PNP, you are consenting to receive period communications from PNP via text messages or other messaging platforms. You are not required to provide your mobile number as a condition of your purchase. Message and data rate may apply. Message frequency will vary. You may opt-out of receiving SMS messages from PNP at any time through your member dashboard or by replying “STOP.” Details on PNP’s collection, use and handing of your personal information can be found in our Privacy Policy. 

7. Links to Third-Party Products, Services, or Sites 

Any links to third-party products, services, or sites are subject to separate terms and conditions. PNP is not responsible for or liable for any content on or actions taken by such third-party company or website. Although PNP may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

8. No Warranty

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THESE WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PNP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PNP DOES NOT WARRANT THAT THESE WEBSITES OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THESE WEBSITES, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PNP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITES, INCLUDING THEIR MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITES.

9. General Terms

These TOU shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to its conflict of laws. The nearest state and federal court to Nashville, Tennessee shall have exclusive jurisdiction over any case or controversy arising from or relating to the Websites, including but not limited to the Privacy Policy or these TOU. By using the Websites, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.

If any provision of these TOU is held invalid or unenforceable, the remainder of these TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

PNP may change, modify or update these TOU at any time without notice. Any access or use of these Websites by you after PNP posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these TOU, contact support@pnptribe.com.

PNP controls and operates the Websites from offices in the United States. PNP does not represent that materials on the Websites are appropriate or available for use in other locations. People who choose to access the Websites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

10. Disclosure of Relationships. 

The Websites are written and edited by PNP. Any content, advertising space or posts will be clearly identified as paid or sponsored content.

Any product claim, statistic, quote or other representation about a product or service may have been provided to PNP by a third party and you should verify it with the manufacturer, provider or party in question before relying on it.

This site participates in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.  As an Amazon Associate I earn from qualifying purchases.

Updated on July 25, 2023

WEBSITE PRIVACY POLICY

Your privacy is important to Phit-N-Phat Personal Training, LLC.  Please read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use, and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.  

By using our websites at www.nobsweightloss.com, pnptribe.com, phit-n-phat.com, nobswomen.com, losing100podcast.com, theweightlossuniversity.com, joinnobs.com, nobs.club, or any other domain operated by Phit-N-Phat Personal Training, LLC you signify your consent to the terms of our Privacy Policy.  If you do not agree with any terms of this Privacy Policy, please do not use this site or submit any personal information to us.

1. Who We Are

Phit-N-Phat Personal Training, LLC (doing business as No BS Weightloss Program, “Company”) and operating at pnptribe.com, phit-n-phat.com, nobswomen.com, losing100podcast.com, theweightlossuniversity.com, joinnobs.com, nobs.club, and other related domains, collects, uses and is responsible for certain personal information about you. 

2. Children’s Online Privacy Protection Act

This website and any products and services offered herein are not intended for persons under the age of 13. Company does not knowingly collect information from anyone under 13 years of age. Company prohibits children under the age of 13 from using all interactive portions of this website, including leaving any comments, filling out forms, or otherwise submitting information. Company will not knowingly collect personally identifiable information from children under 13. If Company learns it has any information or content from anyone under the age of 13, it will delete that information. 

3. The Personal Information We Collect and Use

1. Information Collected by Us

Company may collect, use, and is responsible for certain personal information that you provide when you voluntarily sign up for e-mails, free trainings or resources, register for a class or presentation, leave comments, order a service or product, fill out any type of form, access private membership pages, or otherwise contact Company via an online form or e-mail. The information collected may include your name, e-mail, address, phone number, billing information, questions you may submit to our coaches, and any other information you submit to the Company’s websites. You are not required to provide any personally identifiable information to merely access or visit public areas of the websites.  

Company may collect domain information, your numerical IP address, the type of browser you use, which pages you view, and the files you request.  We may also use “cookies” (small files saved on your hard drive by your web browser) to analyze website and advertisement performance, track user patterns, save information from your previous visits and customize your experience.  

If your browser sends a “Do Not Track” signal, only a generic cookie will be placed on your device while the website is accessed.

We will ask for your consent to allow us to use cookies.  Company or its third-party vendors may collect nonpersonal information through the use of these technologies. Nonpersonal information might include your IP address, the browser you use, the type of computer you use and technical information about your means of connection to this website such as the operating systems and the Internet service providers utilized and other similar information. Company’s systems may also automatically gather information about the areas you visit and search terms you use on this website and about the links you may select from within this website to other areas of the Internet. 

If you are located in the European Economic Area (“EEA”), we are regulated under the General Data Protection Regulation which applies across the European Union and we are responsible as controller of that personal information for the purposes of those laws.  

If you are located in the United Kingdom (“UK”), we are regulated under UK data regulations known as “UK GDPR.”  

2. Information Collected from Other Sources

We also collect survey data which may include your name, email, phone number, or mailing address from other sources, such as Ontraport, TypeForm, and AirTable through forms on our site.

3. How we use your personal information

Company collects such information in order to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee contests and promotions, target online advertising, and improve website performance and customer service.

Company collects mobile numbers solely to facilitate communication with you, such as sending log-in information, notifications, reminders, and other relevant information related to our products or services. 

4. Who We Share Your Personal Information With

Company respects your privacy and will never sell, trade or transfer your personally identifiable information to third parties (beyond what is necessary for fulfilling a customer transaction, for the basic functionality of an online service, or for targeted online advertising) without your consent. 

We do, however, share your name and delivery address details with Disk and A&M, e.g., our third-party suppliers, credit card processors or shipping companies, as well as Facebook for advertising purposes. 

This data sharing enables them to deliver the goods you ordered directly to you and for us to share information about our services with more people who are likely to benefit from them.  Those third-party recipients are based outside the European Economic Area or the UK, other than last-mile shippers for international shipments. For further information including on how we safeguard your personal data when this occurs, see Transfer of your information out of the EEA, UK below.

Company does not share your mobile number with any third parties without your consent, except as may be required by law, legal process, or governmental request. 

Company may release personal information to enforce its Website Terms and Conditions of Use, other Terms and Conditions, manage its business, protect users or the general public, or to otherwise comply with legal obligations.

If you give Company your permission, it may also use personal identification information for internal or external marketing and promotional purposes.

On occasion, Company may collect personal identification information from you in connection with optional contests, special offers or promotions. Company will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. We will ask for your consent to such disclosure and use of such information, prior to your participation in the contest, special offer or promotion.

We reserve the right to transfer personal information in the event that we merge with or are acquired by a third party. We also may disclose your personal information for any other purpose permitted by law or to which you consent.

We will not share your personal information with any other third party. 

5. Whether Information Has to Be Provided by You and Why

The provision of your name, phone number, e-mail, address, and/or billing information is required from you to enable us to join our program or sign up for free trainings and other resources.

We do not require you to provide any personal data in order to access the public areas of our websites. We will inform you when we collect it whether you are required to provide the information to us.

6. How Long Your Personal Information Will Be Kept

We will hold all non-customer personal data until you let us know you would like for us to delete it, opt-out of our text and SMS messaging, or unsubscribe from our marketing contacts, which you are free to do at any time. We will hold all customer personal data in our files for six years.

7. Reasons We Can Collect and Use Your Personal Information

Company collects and uses your personal information to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee contests and promotions, target online advertising and improve website performance and customer service.

Company collects mobile numbers solely to facilitate communication with you, such as sending log-in information, notifications, reminders, and other relevant information related to our products or services. 

4. Message and Data Rates

If you provide your mobile number and opt-in to receive SMS messages from Company, you are consenting to receive period communications via text messages or other messaging platforms. The frequency of such communications may vary. Message and data rates apply. These rates are determined by your phone service provider and are not within the Company’s control. Company is not responsible for any charges or fees incurred as a result of receiving SMS messages from us. You should check with your service provider for details on any applicable fees.

5. Use and Transfer of Your Information Out of the EEA, UK 

This website is operated in the United States and third parties with whom we might share your personal information as explained above are also located in the United States, other than last-mile shippers for international shipments.  If you are located in the EEA, the UK, or elsewhere outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this website, participating in any of its services and/or providing your information, you consent to this transfer.

These countries do not have the same data protection laws as the EEA or UK. While the European Commission has not given a formal decision that the United States provides an adequate level of data protection similar to those which apply in the EEA, any transfer of your personal information will be subject to the derogation in Article 49 permitting non-repetitive transfers that concern only a limited number of data subjects, as permitted by Article 49 of the General Data Protection Regulation that is designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information.

If you would like further information, see “How to contact us” below.  We will not otherwise transfer your personal data outside of the EEA or UK, or to any organization (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.

6. Your Rights

If you want to unsubscribe from receiving e-mails and SMS messaging from Company, you may do so at any time. Each e-mail from Company includes instructions for unsubscribing from these e-mail communications.

If you are covered by the General Data Protection Regulation, or other relevant privacy regulations, you have a number of important rights free of charge. In summary, those include rights to:

• Fair processing of information and transparency over how we use your use personal information

• Access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address

• Require us to correct any mistakes in your information which we hold

• Require the erasure of personal information concerning you in certain situations

• Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations

• Object at any time to processing of personal information concerning you for direct marketing

• Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you

• Object in certain other situations to our continued processing of your personal information

• Otherwise restrict our processing of your personal information in certain circumstances

You may also have the right to claim compensation for damages caused by our breach of any data protection laws.

For further information on each of those rights, including the circumstances in which they apply, visit www.gdpr.eu; https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/; or https://www.priv.gc.ca/en.

If you would like to exercise any of those rights, please:

• Email, call, or write to us

• Provide us enough information to identify you (e.g., first and last name, email, address)

• Provide us proof of your identity and address (a copy of your driver’s license or passport and a recent utility or credit card bill)

• Provide us with the information to which your request relates 

7. Keeping Your Personal Information Secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and may be subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable authorities of a suspected data security breach where we are legally required to do so.

It is important to understand that no security measures are absolute. We cannot guarantee the safety of any information you provide to us.

Please note that any comments or information that you post on the websites, including the Company membership site and social media pages or groups, become public and third parties may use your information. Company is not responsible for any unauthorized uses by third parties in such context. You disclose such information at your own risk.

8. Links to Other Sites

You may see advertising or other content on this website that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors or other third parties.  Any products or services reached through a third-party link are subject to separate privacy policies. Company is not responsible for or liable for any content on or actions taken by such third-party websites.

9. How to Complain

We hope that we can resolve any question or concern you raise about our use of your information.

If you are covered by the General Data Protection Regulation or UK GDPR, you may lodge a complaint with a supervisory authority, in particular in the UK or European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred. 

10. Changes to This Privacy Notice

We may change, modify or update this Privacy Policy at any time and will notify you of any fundamental changes by email or postal mail.  Otherwise, we will reflect any such modifications to this Privacy Policy on our website. We suggest that you periodically consult this Privacy Policy. Your continued use of our website after any such changes constitutes your acceptance of this Privacy Policy, as revised.

11. How to Contact Us

If you have any questions or concerns about this Privacy Policy, the information we hold about you, or you wish to change your personal information in our records, please contact us at 

Phit-N-Phat Personal Training, LLC

3401 Mallory Lane Suite 100

Franklin, TN 37067-8369

support@pnptribe.com 

12. Do You Need Extra Help?

If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to contact us” above).

Policy Last Updated and Effective Date: July 25, 2023