terms and conditions


Welcome to Forgept.com (the “Website”) an online personal training program owned and operated by FORGE Online Personal Fitness Training (“FORGE”, “we”, “us” or “our”) that provides its Members (as defined below) with online personal training & fitness coaching sessions available through a mobile app or a web browser (the “FORGE Service”). For greater certainty, “FORGE Service” includes any use of the mobile app or access to resources generated by FORGE (as defined below) through the mobile app, desktop or direct coaching. These terms & conditions are a legally binding agreement between you and FORGE regarding your use of the Website and use and purchase of FORGE Services. By accessing or using the Website or using or purchasing the FORGE Service, you acknowledge that you have read, understood and agree to be bound by these terms & conditions, including any additional guidelines, the FORGE Privacy Policy, and any future modifications thereto (collectively, the “Agreement”), whether or not you become a member of FORGE by registering an account for the FORGE Service (“Member”).

IF YOU OBJECT TO ANYTHING IN THIS AGREEMENT OR THE FORGE PRIVACY POLICY, YOU CANNOT USE THE WEBSITE OR THE FORGE SERVICE AND YOU SHOULD IMMEDIATELY TERMINATE YOUR USE THEREOF.

  1. Content on the Website.
  2. Account Security. You are responsible for maintaining the confidentiality of the username and password that you use to register for, purchase and/or use the FORGE Service. You agree to (a) immediately notify FORGE of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you logout from your account each time you exit your account and after training session. FORGE will not be liable for any loss or damage arising from your failure to comply with this provision. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
  3. Term and Termination. FORGE Online Personal Fitness Training may, at its option, terminate your membership if (1) any payments are 30 days late, or repeatedly late, (2) the monthly EFT payments are interrupted or discontinued for any reason and you or your co-signer do not provide an acceptable alternative, (3) you violate any part of this agreement or (4) your conduct is improper or harmful to the best interest of FORGE Online Personal Fitness Training or others. Termination is effective on the date FORGE Online Personal Fitness Training mails a written notice to your last known address. You are liable for all financial obligations until that date and for the dues and fees of any remaining unused months. If you prepaid your dues and fees, FORGE Online Personal Fitness Training will not refund unused portion.
  4. Your Interactions with Other Members.
    • Interactions with Other users and Members. You are solely responsible for your interactions with other users of the Website (“Users”) or Members. FORGE makes no representations or warranties as to the conduct of Users or Members and shall not be in any way liable for any conduct of any User or Member. You agree to take reasonable precautions in all interactions with other Users and Members, particularly if you decide to meet offline or in person a User and/or a Member. You should not provide your financial information (for example, your credit card or bank account information) to other Users or Members.
    • Release. You hereby release FORGE, its affiliates, contractors, employees, agents or third party partners or suppliers from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other Users or Members.
  5. Promotions, discounts and bonus time. FORGE may periodically run promotions that may include bonus time on dues, discounted rates or other incentives to enroll in FORGE services. All incentive programs adhere to the FORGE terms and conditions. New enrollment incentives are for first time clients only. Current members may not be eligible for current discounts or promotions. FORGE may run promotions exclusively for current and active clients and the terms and conditions related to internal marketing vary depending on the promotion type and details of such programs may not be included here.
  6. Cancellation and Refund. Once enrolled, the buyer must acknowledge that he/she has received a filled-in, signed copy of this agreement, and has read and understands the Terms, Conditions, Procedures, Rules & Regulations of FORGE Online Personal Fitness Training. You also acknowledge and agrees to the following cancellation and refund policy: (1) if a new client enrolls and completes the 55-minute virtual fitness consultation within 3 business days of joining and decides to discontinue after that meeting within 24 hours, FORGE will refund the first month’s payment in full. (2) If a client decides to discontinue within the first 15 days after the virtual fitness consultation, a consultation fee of $75 will be deducted from the refund and FORGE will promptly terminate the recurring monthly dues. (3) All FORGE programs may be canceled with written 30-day notice as indicated above. (4) If purchaser/member dies or becomes legally disabled during the term of this agreement, he/she and his/her estate shall be relieved of the obligation to pay any remaining balance.
  7. Membership.  After selecting the service program of choice, you register for an account on the Website and become a Member. This membership is a monthly recurring Personal Fitness Training program delivered online.  It begins on the date of enrollment and continues indefinitely unless canceled, by giving 30-days written notice by certified mail or by submitting notice to info@forgept.com, and providing full payment of any unpaid dues or indebtedness. Members using the FORGE Service to receive training, instruction, and coaching provided by FORGE fitness professionals (as described below), are known as “Clients”. Once enrolled, Clients can use the exercise programming, mobile app and services provided by FORGE.
  8. Modification of Terms. FORGE reserves the right, in its sole discretion, to change, modify, add, or remove portions of this Agreement at any time and for any reason without notice to you and by simply updating this page. This Agreement was last updated and is effective as of the “Updated” date indicated below. You should visit this page from time to time to review the then-current Agreement because it is binding on you and your continued use of or access to the Website and use and/or purchase of FORGE Service after the posting of changes will be construed as your acceptance of the revised Agreement. For any material changes to this Agreement, such amended terms will automatically be effective 30 days after they are initially posted on the Website.
  9. Individual Features and FORGE Services. When using the Website and/or the FORGE Service, you may be subject to any additional posted guidelines or rules applicable to specific services and features, which may be posted from time to time on the Website (the “Guidelines”). All such Guidelines are hereby incorporated by reference in this Agreement. To the extent that any terms of these terms & conditions conflict with any Guidelines, these terms & conditions shall prevail.
  10. Privacy Policy. Your privacy is important to us. The FORGE Privacy Policy (“Privacy Policy”) is hereby incorporated into this Agreement by reference. Please read the Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information.
  11. Eligibility. You must be at least eighteen (18) years of age or the age of majority in the place of your residence to register as a Member or use the FORGE Service. Membership in the FORGE Service is restricted to natural persons. Membership to the FORGE Service is void where prohibited. By using the FORGE Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you agree to abide by this Agreement.
    • Proprietary Rights. FORGE, and its licensors, own and retain all proprietary rights in the Website and/or the FORGE Service. The Website and/or the FORGE Service contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and other elements of the FORGE Service (the “FORGE Materials”) that are protected by copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any FORGE Materials. FORGE Materials do not include User Content (as defined below) or other content submitted by Users. FORGE retains all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Website, the FORGE Service or FORGE Materials, except for the limited rights set forth in this Agreement.
    • Reliance on Content. Advice, opinions, statements, offers, or other information or content, including without limitation User Content (as defined below), made available through the Website and/or the FORGE Service, but not directly by FORGE, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. FORGE does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Website and/or the FORGE Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website and/or the FORGE Service. Under no circumstances will FORGE or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website and/or the FORGE Service or transmitted to or by any Users or Members.
    • Health Information. The information provided through the Website and/or the FORGE Service may contain general health information. THIS WEBSITE AND/OR FORGE SERVICE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. All specific medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your health care professional. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF ANY INFORMATION CONTAINED IN OR RELATED TO THE WEBSITE AND/OR THE FORGE SERVICE. You represent that you are in good physical condition and may have no medical reason, impairment, or disability that vie might prevent you from using all FORGE Online Personal Fitness Training programs or services. As such, you acknowledge that FORGE Online Personal Fitness Training did not give you medical advice before you enrolled, and cannot give you any after you enroll, or discuss them with your doctor before participating in any programming.
  12. Content Posted by You on the Website and/or the FORGE Service.
    • Accurate Content. You are solely responsible for the User Content (as defined below) that you publish or display (a “post”) on the Website and/or the FORGE Service, or transmit to other Users and/or Members through any media form.
    • Moderating Content. You understand and agree that FORGE may, but has no obligation to, moderate, review and delete any content, comments, messages, photos or profiles (collectively, “User Content”), in each case in whole or in part, that in the sole judgment of FORGE, violates this Agreement, might be offensive or illegal, or that might violate the rights or safety of other Users or Members.
    • License to User Content. By posting User Content to any public area of the Website and/or the FORGE Service, you automatically grant, and you represent and warrant that you have the right to grant, to FORGE, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User and Member of the Website and/or the FORGE Service a non-exclusive license to access your User Content, in each case as permitted by the functionality of the Website and/or the FORGE Service and this Agreement. The above license granted by you shall survive any termination or expiration of this Agreement.
    • Representations and Warranties. In connection with the User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to post the User Content to the Website and/or the FORGE Service, to authorize FORGE to use the User Content in the manner contemplated by FORGE and this Agreement, and to grant the rights and licenses set forth above, (ii) the public posting and use of your User Content by FORGE and other Users and Members will not infringe or violate the rights of any third party or violate any applicable law or regulation.
    • Prohibited User Content. The following is a partial list of the kind of User Content that is illegal or prohibited on the Website and/or the FORGE Service. FORGE reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website and/or the FORGE Service and terminating the membership of such violators. It includes, but is not limited to, User Content that:
      • is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • harasses or advocates harassment of another person;
      • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
      • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually oriented, racially offensive, defamatory or libelous;
      • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
      • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
      • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
      • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
      • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users or Members; or
      • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
    • Member Profile. All information you include in your member profile, including without limitation the information in your billing account, must be accurate, current and complete. If information provided to FORGE, subsequently becomes inaccurate, misleading or false, you will promptly notify FORGE of such change.
    • Prohibited Activities. FORGE reserves the right to investigate and terminate your membership if you have misused the Website and/or the FORGE Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Website and/or the FORGE Service:
      • You will not use the Website or the FORGE Service for any purpose that is unlawful or prohibited by this Agreement;
      • You will not impersonate any person or entity;
      • You will not “stalk” or otherwise harass any person;
      • You will not express or imply that any statements you make are endorsed by FORGE without our specific prior written consent;
      • You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or the FORGE Service or its contents;
      • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
      • You will not remove any copyright, trademark or other proprietary rights notices contained on the Website and/or the FORGE Service;
      • You will not interfere with or disrupt the Website and/or the FORGE Service or the servers or networks connected to the Website and/or the FORGE Service;
      • You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      • You will not FORGE headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website and/or the FORGE Service;
      • You will not “frame” or “mirror” any part of the Website and/or the FORGE Service or the Website and/or the FORGE Service, without FORGE’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to FORGE, the Website or the FORGE Service in order to direct any person to any other website for any purpose;
      • You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or the FORGE Service or any software used on or for the Website or the FORGE Service or cause others to do so.
  13. Modifications to the Website and/or the FORGE Service. FORGE reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or the FORGE Service (or any part thereof) with or without notice. You agree that FORGE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or the FORGE Service.
  14. Blocking of IP Addresses. To protect the integrity of the Website and/or the FORGE Service, FORGE reserves the right at any time in its sole discretion to block Users or Members from certain IP addresses from accessing the Website and/or the FORGE Service.
  15. Copyright Policy.
    • Infringement Notice. It is FORGE’s policy to respond to clear notices of alleged copyright infringement. If you are a copyright owner or an agent thereof and you believe that any content hosted on the Website and/or the FORGE Service infringes your copyrights, please contact us at the address provided below.
    • Repeat Infringer. Please note that FORGE will promptly terminate without notice any User’s or Member’s access to the Website and the FORGE Service if that User or Member is determined by FORGE to be a “repeat infringer.” A “repeat infringer” is a User or Member who has been notified by FORGE of infringing activity violations more than twice and/or who has had their User Content or any other User-submitted content removed from the Website and/or the FORGE Service more than twice.
  16. Disclaimers.
    • Results Not Guaranteed. FORGE DOES NOT GUARANTEE ANY RESULTS FROM USE OF THE WEBSITE AND/OR THE FORGE SERVICE. FORGE DOES NOT ENDORSE ANY FITNESS OR NUTRITION PROGRAM OFFERED THROUGH THE WEBSITE AND/OR THE FORGE SERVICE. ANY STATEMENTS, GUARANTEES, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY FITNESS PROFESSIONALS OR OTHER USERS OF THE WEBSITE AND/OR THE FORGE SERVICE ARE SOLELY ATTRIBUTABLE TO THE FITNESS PROFESSIONAL OR USER. FORGE IS NOT LIABLE FOR ANY STATEMENTS OR GUARANTEES MADE BY FITNESS PROFESSIONALS OR OTHER USERS.
    • No Warranties; “As Is,” “As Available,” and “With All Faults”.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FORGE, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND/OR THE FORGE SERVICE IS AT YOUR SOLE RISK AND THAT ANY ADVICE THAT MAY BE POSTED ON THE WEBSITE AND/OR THE FORGE SERVICE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE WEBSITE AND/OR THE FORGE SERVICE, USER CONTENT AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE AND/OR THE FORGE SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
    • Operation and Content. FORGE IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE WEBSITE AND/OR THE FORGE SERVICE, WHETHER CAUSED BY USERS, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE AND/OR THE FORGE SERVICE. FORGE ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. FORGE IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE WEBSITE AND/OR THE FORGE SERVICE.
    • User and Member Conduct. FORGE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER. UNDER NO CIRCUMSTANCES WILL FORGE OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE AND/OR THE FORGE SERVICE, ANY CONTENT POSTED ON THE WEBSITE AND/OR THE FORGE SERVICE OR TRANSMITTED TO USERS OR MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OR MEMBERS, WHETHER ONLINE OR OFFLINE. FORGE IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR ACTIONS OCCURRING AT VENUES OR ANY INTERACTION BETWEEN A USER OR MEMBER AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION EMPLOYEES OF A VENUE OR OTHER PATRONS OF A VENUE.
  17. Links and Third Party FORGE Services. The Website and/or the FORGE Service may provide, or third parties may provide, links or functionality in the Website and/or the FORGE Service to other websites or third party resources (“Third Party FORGE Services”). Because FORGE has no control over Third Party FORGE Services, you acknowledge and agree that FORGE is not responsible for the availability of the Third Party FORGE Services, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from the Third Party FORGE Services. You further acknowledge and agree that FORGE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through Third Party FORGE Services. ACCESS AND USE OF THIRD PARTY SERVICES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SERVICES OR AVAILABLE THROUGH THIRD PARTY SERVICES, IS SOLELY AT YOUR OWN RISK. When you leave the Website, these Terms and Conditions no longer govern. You should review applicable terms and conditions and policies, including the privacy and data gathering practices, of any Third-Party FORGE Services.
  18. Release of Liability for Injury or Death; Limitation on Liability; Damages.
    • Release of Liability for Injury or Death. YOUR PARTICIPATION IN ONLINE TRAINING SESSIONS OR OTHER PROGRAMS THROUGH THE WEBSITE AND/OR IS AT YOUR OWN RISK. Exercise programs of any kind represent an inherent danger to participants. FORGE IS NOT LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT RESULTS FROM USE OF THE WEBSITE AND/OR THE FORGE SERVICE INCLUDING PARTICIPATION IN ONLINE TRAINING SESSIONS. YOU RELEASE FORGE FROM ALL LIABILITY FOR INJURY OR DEATH THAT RESULTS FROM YOUR PARTICIPATION IN A TRAINING SESSION OR USE OF THE WEBSITE AND/OR THE FORGE SERVICE. Members should consult a physician before beginning use of the FORGE Service or any exercise program or training session. Not all exercise programs or training sessions are appropriate for all Members. PLEASE CHECK ALL EQUIPMENT AND THE AREA IN WHICH YOU ARE USING THE FORGE SERVICE FOR ANY DANGEROUS CONDITIONS. IN CASES WHERE APPLICABLE LAW DOES NOT ALLOW THE ABOVE RELEASE OF LIABILITY, FORGE’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAWS.
    • Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event, and under no legal theory, including without limitation negligence, will FORGE or its affiliates, contractors, employees, agents or third party partners or suppliers be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, data or use or cost of cover, even if FORGE has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, FORGE’s liability will be limited to the extent permitted by applicable laws.
    • Nutrition and Fitness Disclaimer: The nutrition advice given by Forge Online Personal Fitness Training Is based on the information you provided by completing and submitting this questionnaire. You understand it is your responsibility to provide complete and accurate information. You further understand and acknowledge Forge Online Personal Fitness Training provides general nutrition education and coaching and is not a medically supervised program or a licensed dietetics company. You understand any menu program created for me by Forge Online Personal Fitness Training is simply a recommendation and you am volunteering to participate or follow advice, meal plans or exercises suggestions. You understand that no service or program provided by Forge Online Personal Fitness Training is intended to cure, prevent, diagnose, alleviate or treat any medical conditions, disease, physical or mental. You understand that Forge Online Personal Fitness Training is in a licenses agreement with a third-party provider of nutrition and meal planning services and all meal plans are populated by that party for Forge Online Personal Fitness Training clients based on the data submitted by the client on this questionnaire.
    • Nutrition and/or Fitness Waiver and Covenant Not to Sue: You have volunteered to participate in a nutrition suggestion program under the guidance of Forge Online Personal Fitness Training which may include, but may not be limited to nutrition planning and personalized coaching. In consideration of Forge Online Personal Fitness Training ’s agreement to assist me, you do here and forever release and discharge and hereby hold harmless Forge Online Personal Fitness Training and their respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in any nutrition program including any injuries resulting there from. You acknowledge and agree that no warranties or representations have been made to me regarding the results you may or will achieve from this program. You understand that results are individual and may vary.
    • Nutrition Assumption of Risk: You recognize that specific foods may create allergic and possible fatal reactions, most specifically, products containing nuts. You have therefore specified any food allergies or sensitivities you am aware of. You are aware that specific foods may interact with certain medications. You have discussed such food reactions and the side effects of all of my medications with my doctor or pharmacist and do not hold Forge Online Personal Fitness Training responsible for food and medication reactions. You also understand the diet plan you receive will not take my medications into consideration. If you are on medications, you are responsible to consult with my doctor before starting a new diet plan. If you are pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery a family history of gout or any other medical condition that requires special dietary restrictions, you must receive permission from my physician before participating in the specific nutrition program designed for my use, or may be advised to seek help from another health professional.
  19. Indemnity by You. You agree to indemnify and hold FORGE, its parent, subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from any loss, liability, claim, damages, obligations, or demand, including attorney’s fees, made by any third party due to or arising out of (i) your use of the Website and/or the FORGE Service, (ii) your violation or breach of this Agreement, (iii) your User Content, or (iv) any breach of your representations and warranties set forth above. FORGE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of FORGE. FORGE will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  20. Miscellaneous.
    • Notice. FORGE may provide you with notices, by email or mobile app push notifications
    • No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
    • Jurisdiction and Choice of Law. This Website and the FORGE Service are controlled and operated by us and this Agreement, this Website, the FORGE Service and any use of the Website or the FORGE Service shall be governed by the laws of the state of California and the laws of the United States of America applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in the State of California and irrevocably agree that all disputes shall be heard in such courts. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
    • Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of FORGE to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
    • Entire Agreement. This is the entire agreement between you and FORGE relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in writing, signed by both parties, or by a change to the Agreement made by FORGE as set forth in Section 4 above.
    • Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
    • Assignment. The Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by FORGE without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
    • Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
    • Claims. YOU AND FORGE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR THE FORGE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  21. How to Contact Us If you have any questions, comments, or concerns about these Terms & Conditions, Privacy Policy or the information collection and usage practices of this Website, please contact us during Forge administrative business hours, Monday through Thursday, 9:30 AM – 1:30 PM Pacific Standard Time. Email: Info@forgept.com. Telephone: 916-742-4394.