Terms of service

 

Terms of Service

These Terms of Service (these “Terms”) constitute an agreement between you, the user, and ALOSI HUMAN PERFORMANCE LLC, a Arizona Limited Liability Company, (“AHP,” “we,” or “us”) and the business, FORTITUDE GYM.  These Terms govern your access to and use of the website located at www.alosihp.com and www.fortitudegymhq.com. (the “Website”), including any functionality, services and products offered through the Website, and any of our other products or services (collectively referred to as the “Services”), whether or not you are a registered user, visitor, or have otherwise chosen to access the Services. 

Please read these Terms carefully because they contain provisions that affect your rights and obligations, including a mandatory arbitration provision and a waiver of your right to participate in a class action.  By using the Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy (located at www.fortitudegymhq.com), which is incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you are not permitted to access the Website or use the Services.

If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind such organization to these Terms, in which case the terms “you” or “your” shall refer to such organization.  If you do not have any such authority to bind your organization, or if you do not agree with these Terms, you are not permitted to access the Website or use the Services.

Use of the Services

You may use the Services only if you agree to form a binding contract with AHP and are not a person barred from receiving Services under the laws of your applicable jurisdiction. The Services are offered and available only to users who are 18 years of age or older.  By using the Services, you represent and warrant that you are 18 years of age or older and are otherwise capable of forming a legally binding contract with AHP.  If you do not meet these requirements, you are not permitted to access the Website or use the Services.

You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, (ii) these Terms have the same force and effect as a signed agreement, and (iii) you expressly accept and agree to be bound by the terms hereof.

For those users located in the United States (“U.S.”), to be eligible to register for an account and to participate in any of the Services, you must: (a) be a natural person who is personally assigned to the email address submitted; (b) have the power to enter into a contract with AHP; (c) be physically located within the U.S. when accessing your account and participating in the Services; (d) be physically located within a U.S. state in which participation in the Services is permitted and unrestricted by that state’s laws; and (e) at all times abide by these Terms. If any one of these requirements is not met at any time, we reserve the right to suspend or terminate your account or use of the Services with or without notice.

For any non-U.S. located users, to be eligible to register for an account and to participate in any of the Services, you must (a) be a natural person who is personally assigned to the email address submitted; (b) have the power to enter into a contract with AHP; (c) be physically located in a jurisdiction in which participation in the Services is permitted and unrestricted by that country’s laws; and (d) at all times abide by these Terms.  If any one of these requirements is not met at any time, we reserve the right to suspend or terminate your account or use of the Services with or without notice.

If you access the Services from a location outside the U.S., you are responsible for compliance with the laws of that jurisdiction regarding online conduct. AHP makes no claim that any of the Services may be utilized, accessed or are appropriate outside the U.S. You must not access or use the Services from a territory that is embargoed by the U.S., or from which it is illegal to receive products, services, or software from the U.S.

 

Personal Training Package
Terms of Service: Fortitude Gym Personal Training

1. Agreement Overview
This document outlines the terms and conditions for the Personal Training Package provided by Fortitude Gym. By purchasing a Personal Training Package, you (“Client”) agree to the following terms and conditions, which constitute a binding contract between you and Fortitude Gym.

2. Package Details

Fortitude Gym Personal Training Packages are available in 12-week, 24-week, or 48-week durations, beginning from the client’s official start date.

Each training package is delivered through structured 12-week training programs designed to support progressive strength development, recovery, performance evaluation, and long-term results.

Each 12-week training program includes one additional reload, re-evaluation, and makeup scheduling week immediately following the completion of the 12-week training phase.

As a result:
    * A 12-week package operates within a 13-week calendar window.
    * A 24-week package operates within a 26-week calendar window.
    * A 48-week package operates within a 52-week calendar window.

The reload/re-evaluation week is built into the program structure to allow for recovery, program adjustments, performance testing, and limited makeup scheduling when appropriate.

Weekly training frequency is established at the start of each training program and determines the maximum number of makeup sessions available during the reload/re-evaluation week.

Clients may schedule makeup sessions during the reload/re-evaluation week equivalent to their established weekly training frequency, subject to coach availability and scheduling capacity.

Makeup scheduling is intended to accommodate occasional scheduling conflicts and is not intended to repeatedly extend the duration of the package due to vacations, travel, illness, inconsistent attendance, or missed appointments.

Vacations, travel, schedule conflicts, and missed appointments do not pause or extend the package duration.

Any additional makeup sessions requested beyond the allotted reload/re-evaluation week may be scheduled at Fortitude Gym’s current single-session rate, subject to coach availability.

Fortitude Gym may consider extensions for major medical circumstances on a case-by-case basis at its sole discretion.

Clients may continue scheduling additional paid sessions beyond the package expiration date before beginning the next training phase if they wish to complete all originally scheduled training sessions prior to progressing into a new program.

Any unused sessions remaining after the package expiration window are non-refundable, non-transferable, and may not be rolled into future training packages.

3. Payment Terms
Payment for the full 12, 24, or 48 week package is due upfront prior to the start of training. Payments are non-transferable and non-refundable once training begins.
Clients are responsible for ensuring they complete all sessions within the package term.

4. Cancellation & Refund Policy
Cancellations made prior to the start date may be eligible for a partial refund at Fortitude Gym’s discretion, less any administrative fees. Once the package term has begun, no refunds will be issued for unused sessions or early termination. If a client wishes to pause due to injury or medical reasons, a credit or extension may be considered on a case-by-case basis with appropriate documentation.

5. Session Scheduling & Attendance
All training sessions are scheduled directly with a Fortitude Gym coach.
Sessions canceled with less than 24 hours’ notice are considered forfeited.
Frequent cancellations or no-shows may result in loss of scheduling priority for future sessions.

6. Renewal Options
Upon completion of the 12, 24, or 48 week term, clients may purchase an additional package to continue training. Renewal notices or special offers may be provided prior to the package completion date.

7. Assumption of Risk & Liability Waiver
By participating in personal training at Fortitude Gym, the client acknowledges that physical exercise carries inherent risks. The client voluntarily assumes all risks associated with participation and agrees that Fortitude Gym and its staff shall not be held liable for any injuries, accidents, or damages arising from participation in training activities.

8. Amendments & Updates
Fortitude Gym reserves the right to amend these terms at any time. Updates will be posted on the Fortitude Gym website, and continued participation constitutes acceptance of any revised terms.

 

 

Custom Membership

Terms of Service: Fortitude Gym - Custom Training Membership

1. Agreement Overview
This document outlines the terms and conditions for the *Custom Training Membership* provided by Fortitude Gym. By enrolling in the *Custom Training Membership*, you ("Client") agree to the following terms and conditions, which constitute a binding contract between you and Fortitude Gym.

2. Membership Details
- The *Custom Training Membership* requires a commitment of 12 months from the start date of your membership.
- The membership fee is $449, billed every four (4) weeks.
- Payments are processed automatically via the payment method provided at the time of enrollment.
- Membership grants access to your custom training program through the Fortitude Gym TrainHeroic application, limited to the duration of the paid period.

3. Payment Terms
- Membership fees of $449 are automatically charged every four (4) weeks for the duration of the 12-month commitment.
- The Client is responsible for ensuring that their payment method is up to date. If any payment is declined or fails, access to the custom training calendar may be temporarily suspended until payment is resolved.
- Late or missed payments do not extend or adjust the 12-month commitment term.

4. Access to Training Program
- Access to your custom training program is provided for the duration of the paid period only. This means that for each four-week billing cycle, you will have access to the training calendar as long as payment for that period has been successfully processed.
- Access to the calendar will automatically renew with each successful payment for the upcoming period.
- Should a payment not be processed, access to the training calendar will be revoked until the payment is made.

5. Membership Commitment
- By enrolling, the Client agrees to a full 12-month commitment. Early termination fees will be applied before the 12-month term is completed will be equal to one additional payment.
- In the event that the Client wishes to cancel the membership after the initial 12-month commitment has been fulfilled, they must provide written notice at least 30 days prior to the next billing cycle.

6. No Refunds
- All payments made towards the membership are final and non-refundable.
- If the Client chooses not to utilize the training program for any period, they will still be responsible for all scheduled payments during the 12-month term.
  
7. Suspension or Termination by Fortitude Gym
- Fortitude Gym reserves the right to suspend or terminate the Client's membership in cases of non-payment, inappropriate conduct, or failure to comply with these terms of service.
- If Fortitude Gym terminates the Client's membership due to a breach of these terms, the Client remains liable for the full membership commitment.

8. Changes to Membership Terms
- Fortitude Gym reserves the right to modify the terms of this agreement, including pricing and membership features, at any time. In the event of such changes, Clients will be notified in advance. Any changes will take effect at the start of the next billing cycle after the notice period.

9. Liability
- Fortitude Gym is not responsible for any injuries, losses, or damages that occur as a result of the Client’s participation in the training program.
- The Client assumes full responsibility for any risk of injury that may arise from following the training provided through the custom training program.

10. Governing Law
- These terms and conditions are governed by the laws of Arizona. Any disputes arising from or relating to these terms will be resolved in the courts of Arizona.

By signing up for the *Custom Training Membership* at Fortitude Gym, the Client acknowledges that they have read, understood, and agreed to these terms of service.

 

Personal Training Membership

Terms of Service: Fortitude Gym - Personal Training Membership

    1. Agreement Overview
    This document outlines the terms and conditions for the Personal Training Membership offered by Fortitude Gym.
    By enrolling in this membership, you (“Client”) agree to these terms, forming a binding agreement between you and Fortitude Gym.

    2. Membership Details
    The Personal Training Membership requires a 12-month (52-week) commitment beginning on your membership start date.

    Membership is billed weekly, for a total of 52 scheduled payments over the course of the year.

    The program includes 48 weeks of scheduled training, strategically distributed throughout the 12-month period to account for holidays, planned deloads, and facility closures.

    Payments are processed automatically each week using the payment method provided at enrollment.

    Membership grants access to personal training services during active training weeks as outlined by Fortitude Gym.

    3. Payment Terms
    Membership fees are automatically charged on a weekly basis for a total of 52 payments annually.

    The Client acknowledges that weekly payments are structured across the full year, regardless of how training weeks are distributed.

    The 48 weeks of training are pre-programmed and allocated by Fortitude Gym, and are not tied to individual weekly payments.

    The Client is responsible for maintaining an active and valid payment method at all times.

    If a payment fails or is declined, training access may be suspended until the account is brought current.

    Missed or late payments do not extend, pause, or reduce the 12-month commitment.

    4. Access to Services
    Access to personal training is provided only for the duration of each paid period.

    Service access renews automatically with each successful weekly payment.

    If a payment fails, access will be suspended until payment is completed.

    5. Membership Commitment
    By enrolling, the Client agrees to a full 12-month (52-week) financial commitment.

    This agreement is not a pay-per-session model, but a structured annual membership with scheduled weekly payments.

    Early Cancellation Policy:
    If the Client chooses to cancel prior to completing the 12-month term, a cancellation fee equal to 4 weeks of membership dues will be charged.

    Cancellation requests must be submitted in writing.

    Upon completion of the 12-month term, the membership will automatically renew unless written notice is provided prior to the next billing cycle.

    6. No Refunds
    All membership payments are final and non-refundable.

    Choosing not to use or schedule sessions during any billing period does not relieve the Client of financial responsibility for that period.

    7. Suspension or Termination
    Fortitude Gym reserves the right to suspend or terminate membership in cases of non-payment, inappropriate conduct, or violation of these terms.

    If terminated for cause, the Client remains liable for all fees owed under the 12-month commitment.

    8. Changes to Membership Terms
    Fortitude Gym may update pricing, terms, or features at any time.

    Clients will be notified prior to any changes, and updates will take effect at the start of the next billing cycle following notice.

    9. Liability
    Fortitude Gym and its staff are not responsible for injuries, losses, or damages that occur during participation in training sessions.

    The Client acknowledges and accepts all exercise-related risks and releases Fortitude Gym from liability.

    10. Governing Law
    These terms are governed by the laws of the State of Arizona.
    All disputes shall be resolved in the appropriate courts within Arizona.

    11. Training Expectations
    Clients are expected to arrive on time and properly prepared for training, with adequate nutrition and hydration prior to each session.

    12. Missed Appointments
    Scheduled training sessions do not roll over to future periods. Clients must provide at least 24 hours’ notice for scheduling conflicts. Sessions canceled or missed within 24 hours of the scheduled time are forfeited.

    13. Holidays
    Fortitude Gym reserves the right to close on major holidays.
    Holiday closures will be announced in advance, and no sessions will be scheduled on those dates.

    By enrolling in the Personal Training Membership at Fortitude Gym, you acknowledge that you have read, understood, and agreed to these Terms of Service.

     

    “The Program” – Nutrition Coaching & Transformation Services

    1. Description of Services
    “The Program” refers to both remote and in‑person nutrition coaching, accountability, and transformation programs offered by Fortitude Gym HQ, including but not limited to the 12‑week “The Program” package  . These services include:
    • Habit‑based nutrition coaching
    • Weekly check‑in calls or meetings
    • Personalized accountability and support
    • Lifestyle education targeting habits, sleep, mindset, and recovery

    *These services are expressly designed as accountability-based programs, to keep clients engaged, motivated, and consistently on track toward their goals.

    2. No Refunds Policy
    Due to the nature of “The Program” as an accountability and coaching service—whose value is delivered cumulatively over time—all purchases are non-refundable, in full or in part. By enrolling or purchasing “The Program,” you acknowledge and agree that:

    a) Coaching and accountability efforts, once begun, cannot be unwound;
    b) Even if you choose not to continue, the structure, planning, initial sessions, follow-through support, and coach availability remain non‑reversible; and
    c) No refunds will be issued for any unused portion of the program.

    *No exceptions will be made for unforeseen events, change of mind, or early termination.

    3. Program Duration, Pausing & Cancellation
    “The Program” is a structured 12-week transformation service. The program term begins on the agreed-upon start date and will conclude 12 weeks from that date. This duration is fixed to ensure consistency and accountability.

    Requests to pause, extend, or reschedule parts of the program may be submitted, but any such adjustments are granted solely at the discretion of Fortitude Gym HQ. Approval is not guaranteed and does not alter the original non-refundable nature of the service. Clients are responsible for completing the program within the established 12-week period unless otherwise arranged by Fortitude Gym HQ in writing.

    4. Acknowledgement  
    By enrolling in “The Program” (remotely or in person), you expressly acknowledge and accept that:
    • You understand the non‑refundable nature of the service;
    • You are entering a structured, accountability‑oriented program; and
    • The full fee applies from the moment the program begins, irrespective of continued participation.

     

     

     

    Data Privacy

    By agreeing to these Terms, you also consent to our Privacy Policy which is incorporated into these Terms by reference. If you live outside the U.S., by agreeing to these Terms you consent to the transfer and processing of your information in the U.S. in accordance with the Privacy Policy and applicable U.S. law.

    AHP disclaims all liability for the disclosure of information that you choose to submit voluntarily. You assume all such risks with regards to your use of the Services.

    You agree that all information you provide to register with or use the Services or otherwise is correct, current and complete and is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.  To the extent that you provide any information, including but not limited to personal information, or information related to any transaction or transaction party, through the Services, or access or seek access to any such information through the Services, you represent, warrant and covenant that (i) you are providing or accessing only your own information or the information of others that you are authorized to provide to third parties, and you have all required consents and permissions required to share such information; (ii) the use of such information by AHP and its representatives and users will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties, or violate any applicable law, rule or regulation; and (iii) you will not provide any information or otherwise use the Services in a manner that is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that jeopardizes the security of your account in any way.

    Payment Information

    All payment transactions for purchases made through the Website are processed by Stripe, in accordance with Stripe’s terms of service and privacy policy, available on Stripe’s website, www.stripe.com.  By making a payment transaction through the Website, you agree to be bound by Stripe’s terms of service and privacy policy.   

    To help ensure that your use of our Website is secure, we take reasonable care to make the Website secure. Your payment information is not stored on our Website and we do not store credit card data aside from a reference token and the last four digits of the credit card number.

    Please note that while we take reasonable care to keep the details of your order and payment secure, you agree that we are not liable for any loss you may suffer if a third party procures unauthorized access to any information you provide when providing your payment information to or through the Website, except to the extent required by a specific statutory provision.

    You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card information, is accurate, current and complete.  You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any billing information you provide when completing a transaction. All credit or debit card holders are subject to validation checks and authorization by the issuer.  If the issuer of your payment method refuses to authorize payment, we will not be responsible for any delay in your ability to access and use the Services.  We reserve the right, with or without prior notice, to (a) discontinue or limit the availability or quantity of any product and (b) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions. 

    Videos, Classes and Products

    In order to access fitness videos on the Website, you must first buy a video or a series of videos.  To buy a video or series of videos, you can either sign-up at www. https://www.alosihp.com/ by using your email and creating a password, or if you are already registered, click, log in, and follow the prompts to complete a purchase.

    In order to purchase products available for sale on the Website, you must complete the order process on the Website.  Your payment will not process if you use an incorrect, expired, or over-the-limit credit card.  If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated.  You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you.

    We attempt to be as accurate as possible with respect to item descriptions on the Website, however, we do not warrant that item descriptions, predicted results from using an item or other content of any service is accurate, complete, reliable, current or error-free.

    If a product offered by us itself is not as described, your sole remedy is to return it to us in unused condition and receive a refund for such return, except as otherwise required by law.  There are no returns or refunds with respect to fitness videos purchased on the Website.

    Third Party Links

    The Services may link to independent third-party websites or services, including, without limitation, third party websites accessed and products purchased from third parties via links on the Website. Such links are provided for your reference and convenience only. AHP is not liable for the availability or accuracy of such third-party sources, and you assume all risk in using them. When you link to them, these third-party sites or services may place cookies and other tracking technologies on your computer and may have different rules for using or sharing any personal information you submit to them. We encourage you to read their privacy policies before submitting your personal information.

    When you access third party websites or interact or communicate with third parties you do so at your own risk. AHP is not responsible for the actions, content, information, data, practices, or policies any third parties, including other users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Services. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.

    If you have a dispute with one or more third-party websites, services or any other users, you release us (and our officers, managers, directors, agents, representatives, employees, subsidiaries, and joint ventures) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

    User Accounts

    If you choose to create an account, you will be asked to provide certain registration details or other information, such as username, password, email address and other information that you add to your profile.  It is a condition of your use of the Services that all the information you provide is correct, current and complete.  You agree that all information you provide to register with or use the Services or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    You agree to keep your username and password confidential, and to not share your account with others.  You agree to notify us immediately of any unauthorized access to your username or password or any other breach of security.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information.

    Services

    You understand that AHP provides the Services over the Internet, that such connections can be unpredictable, insecure, and unstable, and that AHP cannot guarantee uninterrupted access to the Services. AHP disclaims all liability in connection with any security incidents or breaches arising from or attributable to an Internet and/or data connection. You agree to waive any and all claims against AHP in connection therewith.

    We are constantly changing and improving our Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend or stop a Service altogether, including, for example, if you do not comply with these Terms or if we are investigating suspected misconduct. You can stop using our Services at any time. We may also stop providing Services to you, or add or create new limits to our Services or restrict your access to all or a part of the Services at any time without notice or liability.  We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.  The right to access and use the Services is revoked in jurisdictions where it may be prohibited, if any.

    Licenses Granted

    Subject to the payment of any applicable fees and any associated temporal limitations, AHP grants you a revocable, non-transferable, non-exclusive, limited and non-assignable license to access and use the Services in accordance with these Terms.  AHP reserves all other rights in the Services not expressly granted to you.  AHP will provide you with technical support in relation to your use of the Services.

    You grant AHP a worldwide, unlimited, irrevocable, royalty-free license (with the right to sub-license) to use, copy, transmit, index, store, aggregate and display any user information or data uploaded to the Services (“User Data”).  AHP agrees to use such User Data solely as required to provide or perform the requested Services and any related technical support.  You acknowledge and agree that you, not AHP, are fully responsible for any User Data you submit or contribute, including its legality, reliability, accuracy and appropriateness.  You also grant AHP a worldwide, unlimited, irrevocable, royalty-free license (with the right to sub-license) to use or incorporate into the Services any usage data, suggestions, enhancement requests, recommendations or other feedback provided by you to AHP relating to the operation of the Services.

    User Conduct and Community Guidelines

    You may use the Services only for lawful purposes and in accordance with these Terms. Without limiting the generality of the foregoing, you agree to use the Services in accordance with the provisions below:  

    • You will only use the Services in accordance with the laws of your jurisdiction for personal, non-commercial purposes.

    • You will be respectful and considerate of other users and do your part to make AHP a safe, supportive community for all users.

    • You will register for the Services using accurate and current information, and you will not impersonate or attempt to impersonate AHP, an AHP representative, another user or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).

    • You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Services.

    • You will independently verify the quality, relevance or accuracy of any information provided on the Services.

    • You will not use, store, copy, upload, display, post, reproduce, modify, translate, republish, distribute, broadcast, transmit, create derivative works from, display, license, sell or otherwise exploit any part of the Services or content on the Services in any form whatsoever other than as expressly permitted under these Terms.

    • You will not use contact information received through the Services for phishing, spamming and other unsolicited communications or data collection.

    • You will not use the Services in a manner intended to damage, disable, overburden or impair the Services or to disrupt or interfere with another's use of the Services.

    • You will not attempt to circumvent, hack or disable any security or other technological features or measures of the Services or other user accounts, or attempt to probe, scan or test the vulnerability of the network to breach any security or authentication measures.

    • You will not use high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts).

    • You will not transmit malware, software viruses, Trojan horses, worms or any other malicious application to or through the Services.

    • You will not threaten, dox, or otherwise harass other users.

    • You will not act in a manner that violates these Terms.

    • You will comply with applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction.

    •    You will notify us immediately of any content of or interaction with the Services that violates these Terms.

    We have the right to: (i) take any action with respect to any user interactions with the Services that we deem necessary or appropriate in our sole discretion, including if we believe that such user interaction with the Services violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for AHP; (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (iii) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

    YOU WAIVE AND HOLD HARMLESS AHP AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

    Proprietary Rights

    The Services and all past, present and future content of the Services, including all software, hardware and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of AHP, are (i) owned by AHP, its licensors or other providers of such material, (ii) protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the personal, non-commercial use of our users, and (iv) may only be used in accordance with these Terms.

    Using our Services does not give you ownership of any intellectual property rights in our Services or any content on the Services. These Terms do not grant you the right to use any of our technology or intellectual property. You may not remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.

    No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by AHP. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

    Claims of Copyright Infringement

    If you believe that your copyrighted work has been unlawfully copied and is accessible on the Services in a way that constitutes copyright infringement, please send a notice of copyright infringement to:

     info@alosihp.com

     The notice should include:

    • Your full name and electronic or physical signature.

    • Your mailing address, phone number and email address (at which you can be contacted by us or the alleged infringer).

    • A statement that you are the owner, or are authorized to act on behalf of the owner, of the copyright that is allegedly infringed, and that the information in your notice is accurate.

    • A statement that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright owner, its agent or by law, such as fair use.

    • A description of the copyrighted work(s) that you claim has been infringed.

    • A description of the location of the copyrighted materials on the Services.

    Electronic Delivery Statement and Your Consent

    You agree to receive legal notices and other information concerning AHP or the Services electronically, including notice to any email address that you may provide.

    Term and Termination

    These Terms will remain in effect until terminated by you or AHP. We reserve the right to terminate or change the Services or your access to the Services, without notice, at any time and for any reason, including your violation of these Terms or for business reasons. The disclaimer of warranties, limitation of liability, jurisdictional, limitation of time to file claims, indemnification and arbitration provisions survive any termination.

    You agree that AHP may, for any reason and without notice to you, immediately terminate or otherwise restrict your access to the Services. AHP has no obligation to maintain, store, or transfer your information or data that you have posted on or uploaded to the Services.

    You Agree to Use this Site for Informational Purposes Only

    YOU UNDERSTAND AND AGREE THAT YOU ARE SOLEY RESPONSIBLE FOR YOUR DECISION TO USE THE WEBSITE AND/OR THE PRODUCTS, SERVICES, OR INFORMATION AVAILABLE ON THE WEBSITE. YOU FURTHER AGREE THAT YOU UNDERSTAND THAT TAKING PART IN ANY KIND OF PHYSICAL ACTIVITY INVOLVES THE RISK OF SERIOUS INJURY AND EVEN DEATH.

    The material on this Website is for informational purposes only, and is intended as a supplement, not a substitute for medical advice, diagnosis, or treatment provided by a qualified health-care provider and is not a substitute for obtaining proper medical, legal, financial, or other professional care. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid, or delay obtaining medical or health-related advice from a health-care professional because of something you have read on this Site. If you are having a medical emergency, dial 911.

    AHP does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Website. Reliance on any information provided by AHP, its employees, family members, caregivers, care providers, service partners, e-commerce partners, others appearing on the Website or other visitors to the Website is solely at your own risk. AHP is not responsible for any medical information, information about medications or information about medical or home care posted on the Website.

    AHP is not engaged in providing professional medical, legal, or financial advice via this Website or otherwise. You should not view the information provided on this Website as a substitute for medical, legal, or financial advice offered by a licensed professional or otherwise, and if necessary, you should seek the advice of a licensed medical, legal, or financial professional, as applicable. No action should be taken based upon any the professional information contained on the Website and you should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any information contained on the Website.

    This Website should not be construed as providing specific instructions for any individual, nor as a substitute for the diagnosis, treatment, and advice of a medical or other professional. Any content contained on this Website should not be used to determine treatment for a specific medical condition. The content on this Website does not cover all possible uses, precautions, side effects and interactions, and should not be construed as a representation or assurance that any information on this Website is appropriate or beneficial for you. Talk to a licensed medical professional before engaging in any of the activities mentioned on this Website or in the Products or Services made available through the Website. Only a licensed doctor or pharmacist can provide you with advice on what is safe and effective for you. You should also check the product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement referenced or mentioned on this Website or in the Products or Services made available through the Website.

    Disclaimer of Representations and Warranties

    THE SERVICES, PRODUCTS AND ANY ASSOCIATED FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AHP NOR ANY PERSON ASSOCIATED WITH AHP MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED FEATURES. WITHOUT LIMITING THE FOREGOING, NEITHER AHP NOR ANYONE ASSOCIATED WITH AHP REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY ASSOCIATED FEATURES WILL BE ACCURATE, RELIABLE, ERROR-FREE, UPDATED OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  FURTHER, AHP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THE WEBSITE OR THE VIDEOS OFFERED FOR PURCHASE ON THE WEBSITE.

    AHP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    Limitation of Liability

    YOUR USE OF THE SERVICES, ANY PRODUCTS, ANY FEATURES ON THE SERVICES AND ANY CONTENT (INCLUDING FITNESS VIDEOS) RELATED TO THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. You may not assert claims for money damages arising from the Services, or your use of any of the products or services sold on the Website or any associated features against AHP, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors, managers, representatives and agents. AHP, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors, managers, representatives and agents shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, or loss of revenue, profits, goodwill or data, whether caused by tort (including negligence), breach of contract or otherwise, even if we knew or should have known of the possibility of such damages, arising out of or in connection with (i) your use, or inability to use, the Services or any associated features, (ii) your attendance at a class offered by AHP, (iii) your use of any products or services offered on the Website, (iv) any interaction with any third party through or in connection with the Services, or (v) any other matter relating to the Services. In no event shall AHP, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors, managers, representatives and agents be liable to you in the aggregate (for all potential claims by you) for any damages incurred in excess of one hundred dollars ($100). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.

    YOU EXPRESSLY UNDERSTAND THAT AHP IS NOT LIABLE FOR ANY HARM THAT RESULTS FROM USER ENGAGEMENT IN THE SERVICES.

    Indemnification

    You are solely legally liable if your use or misuse of the Services or any associated features causes damage to the Services, to you, or to someone or something else. You agree to defend, indemnify, and hold harmless AHP, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors, managers, representatives and agents from and against all liabilities, claims, damages, judgment, awards, losses, costs, expenses, fines or fees (including attorney's fees and investigation costs), that arise from or relate to your use or misuse of the Services or violation of these Terms or violation of a third party’s rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

    Limitation on Time to File Claims

    Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

    Choice of Law and Jurisdiction

    You agree that the laws of the State of Connecticut and U.S. federal law govern these Terms, your use of the Services, and any claim or dispute that you may have against AHP, without regard to the conflict of laws rules of the State of Arizona. You consent to the personal and exclusive jurisdiction of the federal and state courts of the State of Arizona. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

    Binding Arbitration

    In the rare event you have a dispute with AHP, we encourage you to contact us immediately so we can work together toward a satisfactory resolution.  If we cannot come to a resolution, you agree that any claims, disputes, demands, counts, controversies, or causes of action between you and AHP arising out of or relating to these Terms, the Services, including the enforceability of these Terms or our Privacy Policy or information practices will be finally and exclusively resolved by binding arbitration on an individual basis only (except as stated below). The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

    You understand that you are waiving your right to have your claims heard in court by a judge or jury. An arbitration award is as enforceable as a court order and is subject to only limited review by a judge. You also understand and agree that this arbitration provision prevents you from participating as a plaintiff or as a class member in any purported class action or representative proceeding.

    Arbitration will be subject to the Federal Arbitration Act, and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties.  You can find out more AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879. 

    Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, AHP will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse AHP for all fees associated with the arbitration paid by AHP on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.

    The arbitration will be conducted through written submission, unless the arbitrator determines that a telephonic hearing is required.  Except as otherwise provided in these Terms, you and AHP may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and AHP shall be exclusively brought in the state or federal courts of the State of Arizona.

    Despite this provision, you may file a claim in a small claims court that has jurisdiction to hear the matter.

    Severability and Integration

    These Terms and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and AHP. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

    General Provisions

    You may not assign these Terms without AHP’s prior written approval. AHP may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of AHP’s business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and AHP as a result of these Terms or your use of the Services. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AHP in writing.

    Contact

    The Services are operated by AHP. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at info@alosihp.com.

    Changes to these Terms

    We may modify these Terms at any time in our sole discretion. We will post notice of changes to these Terms on the Website. Changes will not apply retroactively and will only become effective when (i) you use the Services after you know about the change, or (ii) thirty (30) days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. We will also update the Last Modified Date below accordingly. Your continued use of the Services after the Last Modified Date signifies your consent to the modified Terms. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If the modified Terms are not acceptable to you, then you are not permitted to use the Services after the Last Modified Date.

     Last Modified Date: June 1, 2025