This agreement applies as between you, the User of this Website and Metabolic Fitness, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Authorized User": means the individual who purchased access to the Services and whose name and credentials are associated with the Account;
"Commercial Use": means any use of the Content or Services for monetary gain, professional advancement, or business purposes beyond the Authorized User's personal professional development;
"Content": means all materials, information, text, graphics, images, video content, audio content, courses, presentations, training materials, methodologies, frameworks, and intellectual property made available through the Services, whether viewed, accessed, downloaded, or otherwise obtained through the Website;
"Facilities": means collectively any online facilities, tools, services or information that Metabolic Fitness makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the Metabolic Fitness proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at 5557 Urbana Pike #1126, Frederick, MD 21704;
"System": means any online communications infrastructure that Metabolic Fitness makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"Training Materials": means any materials, methodologies, workflows, or protocols contained within or derived from the Content;
"Unauthorized Use": means any use, reproduction, modification, distribution, or presentation of the Content that violates the limited license grant in Section 4.3;
"User" / "Users": means any third party that accesses the Website and is not employed by Metabolic Fitness Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (www.metabolicfitnesspro.com) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Metabolic Fitness, a company incorporated in the United States of America located at 5557 Urbana Pike #1126, Frederick, MD 21704.
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions also apply to customers procuring Services in the course of business.
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4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Metabolic Fitness, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable the United States of America and International intellectual property and other laws.
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4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
- 4.3 Limited License Grant
You are granted a limited, non-transferable, non-exclusive license to access and use the Services and Content solely for your personal, non-commercial use. This license is conditional upon your compliance with these Terms and specifically prohibits:
- 4.3.1 Using the Content to conduct training sessions, workshops, seminars, or any form of instruction for third parties, whether paid or unpaid;
- 4.3.2 Creating derivative works based on the Content, including but not limited to training materials, presentations, handouts, or digital content;
- 4.3.3 Recording, copying, duplicating, downloading, storing, or capturing any portion of the Content in any form or medium;
- 4.3.4 Sharing access credentials or allowing others to access the Services through your Account;
- 4.3.5 Redistributing, reselling, licensing, sublicensing, or otherwise commercializing any Content or materials obtained through the Services.
- 4.3.6 Using artificial intelligence, machine learning, or automated systems to scrape, extract, summarize, or analyze the Content;
- 4.3.7 Creating or contributing to any database, archive, or collection that includes our Content;
- 4.3.8 Using the Content in any way that competes with or diminishes the value of our Services;
- 4.3.9 Incorporating any portion of the Content into your own professional materials, presentations, or training programs, even if not used for teaching others.
- 4.4 Enforcement and Penalties
- 4.4.1 Violation of these license restrictions constitutes both a breach of these Terms and an infringement of our intellectual property rights, which may result in:
- Immediate termination of your account and access to Services
- Liquidated damages of $50,000 per violation
- Legal action for actual damages and injunctive relief
- Recovery of attorney's fees and legal costs
- 4.4.2 You agree that any unauthorized use of the Content would result in immediate and irreparable harm to Metabolic Fitness, for which monetary damages would be inadequate, and that injunctive relief would be necessary and appropriate.
- 4.5 Monitoring and Detection
- 4.5.1 We reserve the right to implement technical measures to monitor and detect unauthorized use or distribution of our Content.
- 4.5.2 You acknowledge that our Content may contain digital watermarks, tracking mechanisms, and other security features to identify unauthorized use.
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5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
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5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Metabolic Fitness or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.metabolicfitnesspro.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at drwalsh@metabolicfitnesspro.com or call us in the following number: (240) 415-8394.
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9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
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9.1.1 You must not use obscene or vulgar language;
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9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
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9.1.3 You must not submit Content that is intended to promote or incite violence;
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9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
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9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
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9.1.6 You must not impersonate other people, particularly employees and representatives of Metabolic Fitness or Our affiliates; and
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9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
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9.2 You acknowledge that Metabolic Fitness reserves the right to monitor any and all communications made to Us or using Our System.
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9.3 You acknowledge that Metabolic Fitness may retain copies of any and all communications made to Us or using Our System.
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9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
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10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Websiteyou represent and warrant that:
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10.1.1 all information you submit is accurate and truthful;
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10.1.2 you have permission to submit Payment Information where permission may be required; and
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10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
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10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
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10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
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10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
- 10.5 Usage Monitoring and Auditing
- 10.5.1 We maintain the right to monitor, track, and audit your use of the Services to ensure compliance with these Terms.
- 10.5.2 You agree to cooperate with any investigation into suspected unauthorized use or sharing of Content, including providing relevant documentation or information upon request.
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11.1 Either Metabolic Fitness or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
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11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
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12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Metabolic Fitness correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
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12.2 Where appropriate, you may be required to select the required Plan of Services.
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12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
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12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
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12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
- 12.6 While we strive to maintain high-quality Services, we make no guarantees regarding:
- 12.6.1 The availability of specific features or functionalities
- 12.6.2 The compatibility with specific devices or browsers
- 12.6.3 The absence of interruptions or technical issues
- 12.6.4 The retention or preservation of user progress or completion data
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13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Metabolic Fitness and you.
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13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
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13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
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13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
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13.2.3 Relevant times and dates for the provision of the Services;
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13.2.4 User credentials and relevant information for accessing those services.
- 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
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13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
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13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
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13.6 Metabolic Fitness shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
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13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within three (3) working days. We reserve the right to determine what constitutes a material nonconformity with your order. Minor variations in presentation, format, or delivery method do not constitute incorrect Services.
- Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
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13.8 Metabolic Fitness provides technical support via our online support forum and/or phone. Metabolic Fitness makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
- 13.9 Course and Content Modification, Retirement, or Removal
- 13.9.1 Metabolic Fitness reserves the right, at its sole discretion and at any time, to:
- Retire or remove any course, program, or content from the Website
- Modify, update, or alter any course content
- Restrict access to any portion of the Services
- Change the method of content delivery
- 13.9.2 Notice and Access
- We may, but are not obligated to, provide advance notice of course retirement or removal
- Upon retirement or removal, your access to the affected content will cease immediately
- No refunds will be issued for any unused portion of retired or removed content
- We bear no responsibility for any impact on your professional development or business resulting from content retirement or removal
- Content may be updated, modified, or replaced without notice
- Newer versions of content may supersede previous versions
- Access to specific versions of content is not guaranteed
- 13.9.3 User Responsibilities
- It is your sole responsibility to complete any courses or programs before their retirement
- We recommend regularly checking course status and completing courses in a timely manner
- 13.9.4 Content Archives
- We do not guarantee the availability of archived or previous versions of any content
- We are not obligated to provide alternative access to retired content
- Any requests for access to retired content may be denied at our discretion
- 13.9.5 Partial Course Completion
- No partial credit or pro-rated refunds will be provided for incomplete courses
- Certificates of completion will not be issued for partially completed courses that are subsequently retired
- We reserve the right to set completion deadlines for courses scheduled for retirement
- Retire or remove any course, program, or content from the Website
- Modify, update, or alter any course content
- Restrict access to any portion of the Services
- Change the method of content delivery
13.9.2 Notice and Access
- We may, but are not obligated to, provide advance notice of course retirement or removal
- Upon retirement or removal, your access to the affected content will cease immediately
- No refunds will be issued for any unused portion of retired or removed content
- We bear no responsibility for any impact on your professional development or business resulting from content retirement or removal
13.9.3 User Responsibilities
- It is your sole responsibility to complete any courses or programs before their retirement
- We recommend regularly checking course status and completing courses in a timely manner
13.9.4 Content Archives
- We do not guarantee the availability of archived or previous versions of any content
- We are not obligated to provide alternative access to retired content
- Any requests for access to retired content may be denied at our discretion
13.9.5 Partial Course Completion
- No partial credit or pro-rated refunds will be provided for incomplete courses
- Certificates of completion will not be issued for partially completed courses that are subsequently retired
- We reserve the right to set completion deadlines for courses scheduled for retirement
- 14.1 Due to the immediate access to and digital nature of our Services and Content, all purchases are final and non-refundable.
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14.2 You acknowledge and agree that:
- Upon completing your purchase, you gain immediate access to digital content and Services
- Digital content cannot be returned, removed, or deleted once accessed
- No refunds, credits, or exchanges will be provided under any circumstances
- This includes, but is not limited to, situations where:
- You have viewed, downloaded, or accessed any portion of the Content
- You have changed your mind about the Services
- You find the Content unsuitable for your needs
- You lack time to complete the courses
- Technical issues on your end prevent optimal use
- You have purchased similar content elsewhere
- 14.3 Account Cancellation
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14.3.1 You may cancel your Account at any time, but:
- Cancellation will not result in any refund of fees paid
- You will lose access to all Content and Services immediately upon cancellation
- Any unused portion of paid Services will be forfeited
- You remain liable for any charges incurred up to the date of cancellation
- 14.4 Subscription Services
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14.4.1 For subscription-based Services:
- You may cancel your subscription at any time
- Cancellation takes effect immediately upon your cancellation request
- Upon cancellation, you will immediately lose all access to Content and Services
- No partial refunds will be issued for unused portions of your subscription period
- 14.5 Purchase Verification
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14.5.1 By making a purchase, you acknowledge that:
- You have read and understand this no-refund policy
- You accept that the purchase is final and non-refundable
- You have the authority to make this non-refundable purchase
- You understand you will have immediate access to digital content
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14.2 You acknowledge and agree that:
- Upon completing your purchase, you gain immediate access to digital content and Services
- Digital content cannot be returned, removed, or deleted once accessed
- No refunds, credits, or exchanges will be provided under any circumstances
- This includes, but is not limited to, situations where:
- You have viewed, downloaded, or accessed any portion of the Content
- You have changed your mind about the Services
- You find the Content unsuitable for your needs
- You lack time to complete the courses
- Technical issues on your end prevent optimal use
- You have purchased similar content elsewhere
- 14.3 Account Cancellation
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14.3.1 You may cancel your Account at any time, but:
- Cancellation will not result in any refund of fees paid
- You will lose access to all Content and Services immediately upon cancellation
- Any unused portion of paid Services will be forfeited
- You remain liable for any charges incurred up to the date of cancellation
Use of the Website is also governed by Our Privacy Policy (www.metabolicfitnesspro.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
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16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
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16.2 We may use your personal information to:
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16.2.1 Provide Our Services to you;
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16.2.2 Process your payment for the Services; and
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16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
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16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
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16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
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17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
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17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
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17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
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17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
- 17.5 The Content and Services are provided for educational and informational purposes only. They do not constitute professional, medical, legal, or business advice. Users should:
- 17.5.1 Consult appropriate professionals before implementing any techniques or methodologies
- 17.5.2 Verify all information independently before relying on it
- 17.5.3 Exercise professional judgment in applying any knowledge gained through our Services
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
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19.1 The Website is provided “as is” and on an “as available” basis. Metabolic Fitness uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
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19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
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20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
This includes, but is not limited to, any losses or damages resulting from:
- Reliance on the Content or Services
- Implementation of techniques or methodologies learned through the Services
- Business decisions made based on the Content
- Professional outcomes or results
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20.2 Nothing in these Terms and Conditions excludes or restricts .
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20.3 Nothing in these Terms and Conditions excludes or restricts Metabolic Fitness's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
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20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Metabolic Fitness.
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24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to drwalsh@metabolicfitnesspro.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
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24.2 We may from time to time, if you opt to receive it, send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us. If you do unsubscribe, we are not responsible for any communications that are missed due to the inability to send you an email.
These Terms and Conditions and the relationship between you and Metabolic Fitness shall be governed by and construed in accordance with the United States of America and Metabolic Fitness and you agree to submit to the exclusive jurisdiction of the United States of America.
