The following is a Service Level Agreement ("agreement") between InterActive Plus One LLC, owner and operator of Plus One Active ("POA) formerly known as My Fitness Expert ("MFE") and the individual whose name appears on the Profile page of the Member's Home Page ("You"). We appreciate your business as Member of POA and encourage you to contact us at any time via email if you have any questions.
1. PROGRAM OPTIONS & TERM:
You have selected one of many programs available. Please refer to your Profile section under "my account" to see your current subscription and information.
1a. Plus One Active: Your 12 week Plus One Active subscription begins when you complete your Plus One Active registration. Only one subscription is active at any one time. The subscription term is 12 weeks for a one time fee.
1b. Plus One Active Expert: Your Plus One Active Expert subscription does not begin until the day of your first scheduled workout. Only one subscription is active at any one time. The subscription term rolls over automatically at the end of each term as indicated on the billing page. The available terms for purchase are subject to change and will always be displayed on the billing page.
2. ACCURACY OF INFORMATION:
You certify that all of the information provided by you is accurate and current. You assume responsibility for updating the PARQ and any other pertinent personal information that POA uses in the design of your workout program.
3. POA Expert Service Level:
As a Plus One Active Member in good standing, you are entitled to the services of one of POA's Experts. POA will assign you a specific Expert. POA reserves the right to change your Expert at any time. Your Expert will:
4. POA SYSTEM
Service Level: as an POA Member in good standing, you are entitled to access to the POA Membership via your USERNAME and password. This access is limited to you and you alone. Please protect your privacy and your password. If you suspect any unauthorized use of your POA account, contact us immediately.
5. PHYSICIAN CLEARANCE:
You understand that there are inherent dangers to any workout program. POA reserves the right to require written permission from your Physician before providing the services as described in Section 1b. POA reserves the right to refer your membership inquiry for Plus One Active services in section 1a. to Plus One Active Expert services as desribed in section 1b. based on your answers to the Physical Readiness Questionaire (PAR-Q)
6. PAYMENT OF SERVICES:
7. OUR GUARANTEE:
7a. Plus One Active
The Plus One Active Program is for a one time fee of $9.95 and is NOT subject to refunds or transfers.
7b. Plus One Active Expert
If you are not satisfied with the services of Plus One Active Expert provided for any reason within 30 days of your first payment as a new member, you are entitled to a pro-rated refund minus a US $15 administrative fee.
8. Free Trial Offer:
We reserve the right to offer free trials at any time with or without prior notice to new members. If you join under a "free trial" agreement, you will be asked for payment information at the time of sign up to be used explicitly for the sole purpose of collecting payment for services after the initial trial period. If after joining you are not satisfied for any reason within the free trial period, simply cancel your membership and you will not be billed. After the free trial period the normal guarantee agreement applies
9. TERMINATION OF AGREEMENT:
You may terminate this service agreement at any time by notifying us in writing at InterActive Plus One LLC or by clicking cancel subscription on "My Subscription" located in the Profile section of the navigation toolbar located on your home page. Your cancellation will be effective based upon the date chosen upon processing. We recommend that you cancel prior to your next billing cycle or you will be subject to administrative fees
Please note: If you cancel after the next billing cycle, you are entitled to a pro-rated refund minus a US $15 administrative fee.
All of the information you provide to us is confidential unless we are compelled by a Subpoena or other legal process. It will be used only by qualified InterActive Plus One personnel in the design of an exercise program for you. We may also compile statistical data on the results of our programs and report the results (without identifying any client) in medical journals and other professional settings in which we participate with colleagues without receiving compensation. We value the fact that you will entrust your personal information to us and we assure you we will not sell it, give it away, or voluntary share it with any other party for any reason, period.
11. ENTIRE AGREEMENT:
This agreement contains all the Terms and service levels expected by you. Anything concerning your agreement with Plus One Active that is not included here in writing shall not be effective or enforceable. If any of the terms of this Agreement becomes invalid or unenforceable, the remaining terms shall not be affected.
12. GOVERNING LAW:
This agreement is governed by the laws of the State of New York. You consent to the exclusive personal jurisdiction of the State and federal courts located in New York County, and agree that such courts will have exclusive jurisdiction over all disputes arising out of or relating to your use of the Site.