Terms and Conditions

Introduction

1.1 Purpose Statement: This website is owned and operated by PT Whitney LLC, DBA Personal Trainer Whitney. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. By accessing or using the website or our service, you agree that you have read, understood, and agree to be bound by these Terms. Our Terms and Conditions establish the rules for using our services, promoting fairness and transparency in our digital community.

1.2 Acceptance Clause: By using our platform or any platform or app associated with PT Whitney LLC, you agree to abide by the terms outlined in these Terms and Conditions. Your continued use implies your understanding and acceptance of these conditions.

User Rights and Responsibilities

2.1 User Conduct: Users are expected to engage in respectful and lawful behavior on our platform or app. Violations may lead to consequences outlined in Section 7, ensuring a positive and secure online environment.

2.2 Account Security: Protecting your account is crucial. Users are responsible for maintaining the security of their accounts and passwords, contributing to the overall safety of our digital community.

Service Description

3.1 Overview of Services: At PT Whitney LLC, we provide personal training, online coaching, and community membership. Stay informed about any changes through our Modifications Clause to have a seamless user experience.

3.2 Modifications Clause: We reserve the right to modify or discontinue services for improvement. We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason

3.3 Promotional Emails and content: You agree to receive from time to time promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices, please notify us at any time.

Payment Terms

4.1 Commercial Terms: When buying an item, you agree that: (i) you are responsible for reading the full item listing before committing to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.

4.2 Fee Structure: Users agree to pay the specified fees for our services. Payment methods accepted include PayPal and Stripe, ensuring a straightforward financial transaction process.

4.3 Billing Policies: Billing occurs monthly based on the date of the first payment. Familiarize yourself with our billing policies to avoid disruptions and manage your financial commitment.

4.4 Refund Policy: There are no refunds or exchanges.

5.1 Data Handling: We handle user data as outlined in our Privacy Policy, respecting user privacy and complying with data protection regulations.

5.2 Cookies Usage: Cookies are used for enhancing user experience and personalizing browsing sessions. Manage your cookie settings through your account preferences, giving users control over their online experience.

Intellectual Property Rights

6.1 Ownership Statement: PT Whitney LLC retains ownership of all intellectual property, ensuring a secure and innovative environment for our community. The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of PT Whitney LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

6.2 User Content Rights: Users grant PT Whitney LLC rights to use content they generate on our platform, striking a balance between user-generated content and platform interests.

Termination and Suspension

7.1 Grounds for Termination: We may terminate accounts without notice and liability for any reason, including any violation of these terms, any applicable law or regulation for stealing IP, bullying, inappropriate behavior, or anything PT Whitney LLC deems necessary for termination. Adhering to our community guidelines ensures a positive online environment for everyone.

7.2 Consequences of Termination: Termination may result in, no longer having access to the community, legal action and/or payment obligations. Compliance ensures uninterrupted access to our services and fosters a healthy online community.

Dispute Resolution

8.1 Resolution Methods: Disputes will be resolved through binding arbitration in Benton County, Arkansas, ensuring a fair and efficient conflict resolution mechanism.

8.2 Jurisdiction Clause: The governing law for disputes is the law of Benton County, Arkansas, providing legal clarity and setting expectations for users.

8.3 Indemnification: You agree to indemnify and hold PT Whitney LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

8.4 Limitation of Liability: To the maximum extent permitted by applicable law, PT Whitney LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

8.5 Right to Change and Modify Terms: We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service

By using our services, you acknowledge that you have read and agreed to these Terms and Conditions.

PT Whitney LLC

09/10/25