IBEX Training LLC. is an Ohio Limited Liability Company doing business as ‘IBEX Training Performance ' and / or ‘IBEX’ and / or ‘IBEX training app’

Informed Consent/Assumption of Risk using IBEX Training Programming:

Terms of Service

INTRODUCTION.

Thank you for choosing to visit IBEX Training, herein referred to as "Company", “IBEX Training”, "We", "Us", or "Our". The following Terms and Conditions ("Terms") delineate the governing framework for your access, interaction, and use of all features, functionalities, services, content, and offerings presented, facilitated, or offered through our official website, application, sub-domains, affiliated platforms, and Service (collectively, "the Platform"). You, as the user of the Platform, and us, the Company, may collectively be referred to as “Parties” within these Terms.

Our Platform is designed to provide you with an in-depth understanding of our products, offerings, and operations, and to facilitate your interaction, purchase, and engagement with us. By accessing, browsing, registering, or engaging in any form of interaction or transaction on or through our Platform, you willingly and expressly acknowledge, accept, and agree to be bound, without limitation or qualification, by these Terms. Furthermore, you confirm that you possess the legal authority to enter into this agreement, and that you will abide by all of its stipulations.

It is imperative that you read and comprehend these Terms in their entirety before proceeding. If, for any reason, you disagree with or cannot comply with these Terms, we urge you to refrain from using our Platform. Continued use of our Platform signifies your informed consent, agreement, and compliance with these Terms and any future revisions thereof.

In addition to these Terms, you are also bound by our Privacy Policy, which explains our practices concerning the collection, use, and sharing of your personal information. By agreeing to these Terms, you also consent to the data practices stated in our Privacy Policy.

We reserve the right to modify, amend, replace, or terminate these Terms at any point in time, at our sole discretion. It remains your responsibility to periodically review these Terms for any updates or changes. Your continued use of our Platform post any modifications signifies your acceptance of the amended Terms.

SERVICE DESCRIPTION.

The Platform offers a range of fitness-related services and products designed to enhance your health, fitness, and overall well-being. These services are collectively referred to as the "Service" and include, but are not limited to:

Online Training Programs: Access to digital fitness content through our website and mobile application. This includes instructional videos, workout plans, fitness challenges, and other resources to support your training journey from anywhere.

Nutrition Guidance: Personalized nutrition plans and consultations, provided by certified professionals, to complement your training program and help you meet your health and fitness goals.

Performance Tracking: Tools and features within the Platform to track your progress, monitor your fitness metrics, set goals, and receive personalized feedback to your training plan.

Mobile Application: Access to the IBEX Training app, which allows you to engage with our services, manage your training schedule, track your progress, and communicate with trainers and other members.

Merchandise and Products: An online store offering fitness-related merchandise, such as apparel, accessories, and equipment.

Support and Community Engagement: Access to a community of fitness enthusiasts and professionals through forums, social media, and events. Members can connect, share experiences, and receive support and motivation from others in the IBEX community.

Please Note: The availability and scope of specific services may vary based on your location, membership level, and other factors. We reserve the right to modify, add, or discontinue any of our services at our discretion, without notice or liability.

By using our Service, you acknowledge that you have read, understood, and agree to abide by the terms set forth in this Service Description. Your continued use of the Service constitutes your acceptance of any modifications or changes to our Service offerings.

PAYMENT TERMS.

By selecting a program or service offered through our Platform, you agree to the following payment terms:

Free Trial: We offer a 7-day free trial period for new users. During this period, you will have full access to the selected program or service at no cost. The free trial begins immediately upon registration for the program and ends 7 days thereafter. If you do not wish to continue with the selected program, you must cancel before the end of the trial period to avoid being charged. Failure to cancel within this period will result in the automatic activation of the subscription, and you will be charged the applicable fees.

Subscription and Fees: Upon completion of the 7-day free trial, you will be required to pay the subscription fee for the selected program or service. The fees for each program or service vary and are clearly indicated at the time of selection. All payments are processed through our third-party payment provider, Stripe. By selecting a program and providing your payment details, you authorize us to charge the applicable fees to your designated payment method through Stripe.

Billing and Payment: All payments are billed in advance on a monthly or annual basis, depending on the subscription plan you select. You are responsible for ensuring that all payment information provided is accurate and up-to-date. If we do not receive payment from your payment provider, you agree to pay all amounts due upon demand and/or to update your payment information. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms, including charging other payment methods on file with us and/or retaining collection agencies and legal counsel.

Third-Party Payment Processor: Payments for all programs and services offered through our Platform are processed by Stripe, a secure third-party payment processor. By using Stripe, you agree to comply with its terms of service and privacy policy. We do not control or manage the security and processing of payments through Stripe, and you acknowledge that any payment disputes should be directed to Stripe.

Additional Fees: IBEX Training or its assignees reserves the right to add the following fees to your account balance should any of the following occur:

Resubmission of unpaid EFT draft: $10

Unpaid EFT draft: $15

Unpaid credit/debit card: $15

Payments received more than ten (10) days after the due date will be assessed a late fee of $15.

Refunds and Cancellations: If you wish to cancel your subscription, you may do so at any time; however, you will not receive a refund for any fees already paid. Your access to the selected program or service will continue until the end of the current billing cycle. To avoid further charges, you must cancel before the next billing cycle begins. All cancellations will take effect at the end of the current subscription period.

Changes to Fees and Charges: We reserve the right to change the fees for our programs or services at any time. In the event of a fee change, you will be notified in advance. Continued use of our Platform after the fee change becomes effective constitutes your agreement to the updated fees.

Taxes: You are responsible for any applicable taxes, including sales, use, or value-added taxes, resulting from your use of our Platform. All fees listed are exclusive of taxes unless otherwise indicated.

By using our Platform and subscribing to any of our programs or services, you acknowledge that you have read, understood, and agree to be bound by these Payment Terms. Your continued use of our Platform constitutes your acceptance of any modifications to these Payment Terms.

ACCOUNT CREATION.

Account Registration: To access certain features, programs, or services on our Platform, you are required to create an account ("Account"). You may create an Account by providing a valid email address and setting a secure password. Upon registration, you will be asked to confirm your email address. By creating an Account, you represent and warrant that all information you provide is accurate, complete, and current at all times.

Email Verification: During the registration process, we will send a verification email to the address you provided. You must follow the instructions in the email to verify your account. Failure to verify your email address may result in restrictions on your ability to access certain features or services on our Platform.

Account Security: You are responsible for maintaining the confidentiality of your Account credentials, including your email and password. You agree to notify us immediately if you suspect any unauthorized use of your Account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to safeguard your Account credentials.

Account Responsibilities: You are solely responsible for all activities that occur under your Account. You agree to provide accurate and complete information at all times and to update your Account details promptly if any information changes. You must not use another person’s Account or share your login credentials with anyone else.

Account Termination or Suspension: We reserve the right to terminate or suspend your Account at our sole discretion, without notice, if we determine that you have violated any provision of these Terms, provided false or misleading information, or engaged in any fraudulent or unlawful activity. You may terminate your Account at any time by contacting us directly. Upon termination, your access to certain features or services on our Platform will be revoked.

Age Restriction: By creating an Account, you confirm that you are at least 18 years of age or the legal age of majority in your jurisdiction. If you are under 18, you may not create an Account or use our Platform without the supervision and consent of a parent or legal guardian.

USER OBLIGATIONS.

As a user of the Platform, you are expected to adhere to a set of obligations that are essential for the effective functioning and legal compliance of the Service. These obligations are designed to uphold the integrity of the Service, protect other users, and ensure a safe, trustworthy online environment.

Compliance with Laws and Regulations: Users must use the Service in full compliance with all applicable local, state, national, and international laws, rules, and regulations. This includes, but is not limited to, laws regarding online conduct, acceptable content, privacy, data protection, and the transmission of technical data.

Accuracy of Information: Users agree to provide true, accurate, current, and complete information as required during the account creation process and in subsequent interactions with the Service. Users are responsible for maintaining and promptly updating their account information to keep it accurate and complete.

Responsible Use of the Service: Users must use the Service responsibly and ethically. This includes refraining from using the Service to engage in any form of harassment, abuse, defamation, or dissemination of objectionable material. Users shall not use the Service to perpetrate scams, fraud, or any form of illegal activity.

Security and Reporting: Users are responsible for maintaining the confidentiality of their account credentials and for restricting access to their account. Any unauthorized use of an account or other security breaches must be immediately reported to IBEX Training. Users shall not engage in activities that may compromise the security or disrupt the functionality of the Service.

Non-Interference with the Service: Users agree not to interfere with, disrupt, or attempt to gain unauthorized access to the servers or networks connected to the Service. This includes obeying any requirements, procedures, policies, or regulations of networks connected to the Service.

Intellectual Property Rights: Users must respect the intellectual property rights of others, including copyrights, trademarks, and patents. Users shall not upload, download, display, perform, transmit, or distribute any information or content in violation of any third party’s intellectual property rights.

Prohibited Activities: Users are prohibited from engaging in activities that IBEX Training deems to be harmful, offensive, or inappropriate. This includes the use of the Service to distribute malware, spam, or engage in phishing activities.

Modification and Availability of Service: Users acknowledge that IBEX Training reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Users agree that IBEX Training shall not be liable to them or to any third party for any modification, suspension, or discontinuance of the Service.

By using the Platform, users agree to be bound by these obligations and acknowledge that failure to adhere to these obligations may result in the suspension or termination of their account and legal action if necessary. IBEX Training reserves the right to enforce these obligations at its discretion and to determine, in its sole judgment, whether a user has breached these obligations.

NO WARRANTY.

Scope: The Platform is offered on an 'as is' and 'as available' basis, and as such, we make no representations or warranties of any kind, either express or implied, regarding the completeness, accuracy, reliability, suitability, or availability with respect to the Service or the information, products, services, or related graphics contained on the Service for any purpose.

Absence of Guarantees: IBEX Training expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Users acknowledge and agree that their use of the Service is at their sole risk.

Limitations of Technology: While IBEX Training employs advanced technology and processes for its services, we cannot warrant that our results are 100% accurate. The dynamic nature of online fraud and scam activities, the evolving tactics of malicious actors, and the inherent limitations of technology mean that the Service cannot guarantee the identification or verification of every fraudulent or inauthentic user. Users are advised to use the Service as a tool to aid in their decision-making process, not as the sole basis for any decisions.

System Availability and Functionality: IBEX Training does not warrant that the Service will be uninterrupted, timely, secure, or error-free, nor does it warrant that any defects in the Service will be corrected. The availability and functionality of the Service may be subject to delays, limitations, and other problems inherent in the use of the internet and electronic communications.

Content and Information Accuracy: Any content or information provided through the Service is for general information purposes only and should not be relied upon as the sole basis for making decisions. IBEX Training does not warrant the accuracy or completeness of this information and disclaims any liability for any reliance placed on such content.

LIMITATION OF LIABILITY.

EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THESE TERMS OR ESTABLISHED BY APPLICABLE LAW AS RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT, THE SERVICES AND DELIVERABLES PROVIDED BY IBEX TRAINING ARE OFFERED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. IBEX TRAINING DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) REGARDING ANY MATTER, INCLUDING NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IBEX TRAINING DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING ANY DELIVERABLES OR THAT ANY DELIVERABLES WILL BE ERROR-FREE OR PRODUCE UNINTERRUPTED FUNCTIONALITY.

Any action for an alleged breach of these Terms, or to enforce any right under these Terms, other than an action by IBEX Training to collect fees, must be commenced within six (6) months after the cause of action has accrued, or the breach or right will be deemed waived and barred. The total aggregate liability of IBEX Training for all claims asserted under or in connection with these Terms, regardless of the form of the action or the theory of recovery, will be limited to the amounts paid or payable to IBEX Training by you for the Services during the six (6) months preceding the date of the event giving rise to that claim. Your sole remedy, and IBEX Training’s exclusive liability, for any failure to provide the Services in conformance with these Terms will be, at IBEX Training’s option, the performance of the Services or the refund of the fees applicable to the non-conforming Services.

NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR LOST PROFITS OR REVENUE, OR FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH PARTY HAS BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES.

You agree that IBEX Training shall not be responsible for any claimed damages, including incidental and consequential damages, arising from any project or Service. You agree to defend, indemnify, and hold harmless IBEX Training and its proprietors and agents from any loss, damages, or costs resulting from any third-party claim, action, or demand related to this project. IBEX Training is not responsible in the event of a data breach, hack, or unauthorized access to the Services provided, except as expressly stated in these Terms. IBEX Training will make a good-faith effort to resolve any issue caused by such events, but makes no guarantee as to the outcome. You agree to hold IBEX Training harmless for any unauthorized data breach, hack, or unauthorized access to data, except as specifically provided for in these Terms. It is strongly recommended that you maintain adequate insurance coverage to protect against such risks.

PROHIBITED USES.

Users are required to adhere to specific standards of conduct to maintain the integrity and functionality of the Service. The following activities are strictly prohibited on the Service and constitute a violation of these Terms:

Illegal Activities: Users shall not use the Service for any unlawful purposes, nor in furtherance of illegal activities. This includes, but is not limited to, engaging in fraud, theft, or any other criminal behavior.

Infringement of Intellectual Property: Users are prohibited from posting, uploading, sharing, or otherwise distributing any content that infringes upon the intellectual property rights of others, including copyrights, trademarks, patents, trade secrets, or any other proprietary rights.

Harassment and Abuse: Users must not engage in harassment, bullying, stalking, or any other behavior that is intended to threaten, intimidate, or coerce other users or individuals. This includes the use of abusive, defamatory, offensive, or obscene language and content.

Misrepresentation and Impersonation: Users are forbidden from impersonating any person or entity, or falsely stating or otherwise misrepresenting their affiliation with a person or entity. This also includes providing false or misleading information during the account creation or verification process.

Spam and Malware Distribution: Users must not use the Service to transmit spam, including unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. The distribution of viruses, malware, or any other harmful or destructive software or data is also strictly prohibited.

Interference with the Service: Users shall not interfere with or disrupt the Service or servers or networks connected to the Service, nor disobey any requirements, procedures, policies, or regulations of networks connected to the Service.

Data Mining and Scraping: Unauthorized data mining, scraping, or similar data gathering and extraction tools or techniques on the Service are prohibited.

Content Violations: Users are prohibited from posting or transmitting content that is violent, pornographic, discriminatory, or otherwise offensive or inappropriate, as determined in the sole discretion of IBEX Training.

Bypassing Security Measures: Attempting to bypass any measures IBEX Training may use to prevent or restrict access to the Service, including attempting to access areas or features of the Service for which the user does not have access rights, is strictly prohibited.

Violations of these prohibited uses may lead to immediate termination of the user's account and legal action, where appropriate.

TERMINATION AND SUSPENSION. 

The Company reserves the right to terminate or suspend access to our Service at any time, without liability, for any reason whatsoever, including, but not limited to, a breach of these Terms. The following outlines the conditions and procedures regarding termination and suspension:

Breach of Terms: If a user violates any of the terms and conditions outlined in these Terms of Service, IBEX Training may, at its sole discretion, suspend or terminate the user's account and access to the Service. This includes any misconduct, illegal activity, or other actions deemed harmful to the Service or its users.

Service Compatibility: IBEX Training reserves the right to terminate the Service if it determines, at its sole discretion, that the Service is not a good fit for the user or if additional requirements from the user impede the delivery of the Service. In such cases, IBEX Training may opt to provide a refund, in full or in part, based on the portion of the Service that remains undelivered.

Notification of Termination: In the event of termination, IBEX Training will make a reasonable effort to notify the affected user using the email address provided at the time of account creation or as updated in the user's account profile. Notice of termination must be given to the user at least five (5) days before the effective termination date.

Effect of Termination: Upon termination or suspension, the user's right to use the Service will immediately cease. If the user's account is terminated, the account and its associated data may be deleted. IBEX Training is not responsible for the loss of such data.

User Initiated Termination: Users may terminate their account at any timeby contacting IBEX Training directly. Upon termination by the user, the account will be deactivated, and the ability to log in will be disabled.

Content Preservation or Deletion: Following termination, IBEX Training may either preserve or delete any content or information associated with the terminated account, in accordance with our data retention policy and applicable laws.

Survival of Provisions: The user's obligations and liabilities incurred prior to the termination date, as well as any provisions of these Terms that, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Legal Actions: IBEX Training reserves the right to take any necessary legal action in response to breaches of these Terms, fraudulent activity, or other misconduct.

Reinstatement: At IBEX Training's sole discretion, a user whose account has been suspended or terminated may be offered the opportunity to have their account reinstated. This may require the user to rectify the violating behavior or to meet other conditions set forth by IBEX Training.

This Termination and Suspension provision is designed to ensure the integrity and security of the Service and its users.

DISCLAIMER.

By engaging in any activities, programs, or services provided by IBEX Training through the Platform, you expressly acknowledge and agree to the following:

Assumption of Risk: You are aware that participation in any fitness programs, classes, or activities offered by IBEX Training involves significant risks, both known and unknown, which could result in physical injury, illness, or even death. These risks include, but are not limited to, abnormal blood pressure, heart rate fluctuations, fainting, chest, arm, or leg discomfort, stroke, heart attack, rhabdomyolysis, or other medical conditions that may occur during or after physical activity. You understand that these risks may result from various factors, including but not limited to, improper use or failure of equipment, falls, dehydration, genetic predisposition, or the negligence of yourself, your training partner, or others.

Informed Consent: By participating in any programs, classes, or services offered by IBEX Training, you confirm that you have no medical conditions or impairments that would increase your risk of illness or injury due to physical exertion. You acknowledge that you have voluntarily chosen to engage in strenuous physical activities and that you have been informed of the possible physiological responses and outcomes, including but not limited to, abnormal blood pressure, rhabdomyolysis, fainting, heart attack, stroke, or death. You willingly assume full responsibility for any and all risks associated with your participation, including those resulting from your actions or omissions.

Waiver of Claims: To the fullest extent permitted by law, you waive, release, and discharge IBEX Training, its owners, employees, agents, independent contractors, and any affiliated parties from any and all claims, demands, causes of action, or legal liability for any injuries, damages, or losses arising out of or related to your participation in any programs, classes, or services provided by IBEX Training. This waiver includes, but is not limited to, any personal injuries, damages to property, or other losses caused by negligence, improper use of equipment, or any other act or omission by you or others during your participation.

Indemnification: You agree to indemnify, defend, and hold harmless IBEX Training, its owners, employees, agents, independent contractors, and affiliates from any claims, liabilities, damages, costs, or expenses (including reasonable attorney’s fees) that arise out of or are related to your participation in any programs, classes, or services, or your violation of these Terms.

Medical Clearance and Advice: You acknowledge that you have been encouraged to seek medical advice before beginning any fitness program or exercise regimen. You understand that IBEX Training is not a licensed medical provider and that any advice, recommendation, or information provided by IBEX Training is not a substitute for professional medical advice. You agree to consult with a qualified healthcare professional before participating in any fitness activities and to refrain from participation if advised against it by a medical professional.

Voluntary Participation: Your participation in any of the programs, classes, or services offered by IBEX Training is entirely voluntary. You have the right to withdraw from participation at any time. Your continued use of the Platform and participation in its offerings signifies your acceptance of this Disclaimer and Release and your acknowledgment of the risks involved.

Understanding of Release Terms: You acknowledge that you have read and fully understood this Disclaimer and Release. By participating in any programs, classes, or services provided by IBEX Training, you confirm that you have been given the opportunity to ask questions and seek clarification regarding the risks involved, and you voluntarily accept these terms and the risks associated with your participation.

By using the Platform and participating in any of IBEX Training's programs, classes, or services, you confirm your understanding of and agreement to these Disclaimer and Release terms. Your continued use of our Platform constitutes your acceptance of any modifications to these terms.

DATA PRIVACY.

Commitment to Privacy: At IBEX Training, we are deeply committed to maintaining the trust and confidence of our users. We understand that when you choose to provide us with information about yourself, you trust us to act responsibly and in your best interests, hence we take that trust seriously and are committed to ensuring the privacy and security of your personal information.

Collection of Data: We may collect various types of information, including personal and non-personal data, as you interact with our Platform. Personal data could include your name, email address, or physical address. 

Use of Data: Your data aids us in offering a more tailored and user-friendly experience, processing your orders efficiently, responding to your inquiries promptly, and keeping you informed about our latest products and offerings.

Privacy Policy: For a more detailed understanding of how we collect, use, and protect your personal data, please refer to our comprehensive Privacy Policy. By using our Platform, you consent to the practices detailed in our Privacy Policy.

Changes to the Provision: We may update this DATA PRIVACY provision from time to time. Any changes will be effective immediately upon posting the updated provision on our Platform. Your continued use of our Platform following such updates signifies your acceptance of the changes.

INDEMNIFICATION.

Obligation to Indemnify: YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS IBEX TRAINING, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONSULTANTS, SUPPLIERS, AND ANY THIRD-PARTY WEBSITE PROVIDERS FROM AND AGAINST ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) THAT SUCH PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) VIOLATION OR BREACH OF ANY REPRESENTATION OR OBLIGATION UNDER THESE TERMS OR YOUR USE OF OUR PLATFORM OR THE SERVICES OR PRODUCTS WE OFFER.

Cooperation and Defense: You agree to cooperate fully in the defense of any claim challenged or questioned under this indemnification provision. IBEX Training reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of IBEX Training.

Continuous Effect: This indemnification provision shall remain in full force and effect regardless of any investigation made by or on behalf of the indemnified party or any officer, director, or employee of such indemnified party and shall survive the termination of your use of our Platform or any services or products we offer.

No Limitation: Your indemnification obligations cover claims against you and IBEX Training alike, including situations where you have acted negligently or in a manner that may not align with the best interests of IBEX Training.

THIRD PARTY LINKS.

External Links Disclaimer: The Platform may contain links to external websites and resources provided by third parties. These links are provided for your convenience and information only. The inclusion of any link does not imply endorsement, approval, or control by the Company of the external site or its contents. These third-party sites have their own terms and conditions and privacy policies, which we do not govern or endorse.

User Discretion Advised: When you access third-party websites, you do so at your own risk. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. We encourage you to review the terms and privacy policies of any third-party website or service that you visit.

No Liability for Third-Party Websites: The Company 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 on any content, goods, or services available on or through any such third-party websites or services. We do not guarantee the accuracy, completeness, or usefulness of any information on third-party websites and do not warrant the safety or legality of any third-party website or service.

No Affiliation or Endorsement: The presence of links to third-party websites does not constitute an affiliation with, endorsement of, or sponsorship by the Company of those websites, their operators, or the content, products, or services contained or accessible through those websites.

Changes and Removal of Links: We reserve the right, at any time and without notice, to add to, change, update, or modify our Platform, including the removal or alteration of any third-party links. However, we do not have any obligation to review, monitor, check, or remove any third-party content or websites.

INTELLECTUAL PROPERTY.

All work product, deliverables, documents, training programs, designs, workout plans, and any other materials, information, or data created, developed, produced, discovered, or prepared by IBEX Training, whether in tangible or electronic form, in connection with the provision of services under this Agreement (collectively, “Work Product”), shall be and remain the exclusive property of IBEX Training. IBEX Training retains full ownership rights, including all intellectual property rights, in and to the Work Product. By using the Platform or engaging in services provided by IBEX Training, you acknowledge and agree that IBEX Training shall have sole and exclusive ownership of all intellectual property rights in and to the Work Product.

Moreover, you acknowledge that IBEX Training may utilize certain methodologies, techniques, know-how, and tools that are proprietary to IBEX Training and were developed or acquired prior to or independent of the services provided under this Agreement (“IBEX Training Materials”). IBEX Training retains full ownership of such IBEX Training Materials, and any improvements, modifications, or enhancements made to them during the course of this Agreement shall also be owned solely by IBEX Training. IBEX Training grants you a non-exclusive, limited license to use the IBEX Training Materials solely to the extent necessary to utilize the Work Product in accordance with the terms of this Agreement.

This Intellectual Property Ownership provision ensures that IBEX Training retains its proprietary rights while providing you with the necessary licenses to utilize the Work Product as intended.

DISPUTE RESOLUTION.

Mediation: If the parties are unable to resolve the dispute through direct negotiations, they agree to endeavor to settle the dispute through mediation administered by a neutral mediator before resorting to litigation or any other dispute resolution procedure. The parties will jointly appoint an agreeable mediator and will share equally in the costs of such mediation.

Binding Arbitration: If mediation proves unsuccessful, either party may initiate binding arbitration. Such arbitration shall be administered by a recognized arbitral body mutually agreed upon by the parties. The judgment rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs in the arbitration and shall share equally the costs of the arbitrator.

Exceptions: Notwithstanding the above clauses, IBEX Training reserves the right to seek injunctive relief or file for damages in any court of competent jurisdiction in cases where IBEX Training believes that its intellectual property rights have been violated or where it deems necessary to protect its business interests.

GOVERNING LAW.

Jurisdiction & Applicability: These Terms, including all agreements and policies incorporated by reference, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any principles of conflicts of laws thereof that would lead to the application of the laws of another jurisdiction.

Scope: The laws of the State of Ohio shall govern all matters arising out of or relating to these Terms, including, without limitation, its validity, interpretation, construction, performance, and enforcement.

Exclusivity: Both parties agree that any legal action or proceeding arising out of or in connection to the obligations, rights, and remedies of parties under these Terms shall be brought exclusively in the courts of [Insert County] County, Ohio. Each party consents and submits to the exclusive jurisdiction of these courts in any such action or proceeding and waives any objection to venue or inconvenient forum.

International Use & Compliance: If you access our Platform from outside the United States, you are responsible for compliance with local laws. IBEX Training makes no representation that materials or content available through our Platform are appropriate or available for use outside of the United States, and accessing them from territories where their contents are illegal is prohibited.

Waiver of Class Action: You and IBEX Training agree that any proceedings to resolve or litigate any dispute will be conducted on an individual basis and not as a class action or other representative action, whether within a class-wide arbitration, by a class action, or otherwise. Both parties expressly waive any ability to maintain any class action in any forum.

AMENDMENTS.

We reserve the right to modify, update, or change these Terms at any time and without prior notice. Any modifications will be effective immediately upon posting on our Platform. It is your responsibility to review these Terms periodically to stay informed of any updates or changes. By continuing to access our website and use our services after the modifications have been made, you agree to be bound by the revised Terms.

Changes to Terms: We may modify these Terms to reflect changes in our business practices, legal requirements, or improvements to our services. We will make reasonable efforts to provide notice of material changes to these Terms. Such notice may be provided through our website, by email, or by other means we deem appropriate. It is your responsibility to review the updated Terms.

Continued Use: By continuing to access our website and use our services after the modifications have been made, you indicate your acceptance of the modified Terms. If you do not agree with the modified Terms, you should discontinue using our Platform and services.

Effect on Prior Agreements: Any modifications to these Terms will apply prospectively and will not affect any rights or obligations that arose prior to the effective date of the modifications. If you have entered into any separate agreements with us, the terms of those agreements will prevail in the event of any inconsistency with these Terms, unless expressly stated otherwise.

Right to Terminate: We reserve the right to terminate, suspend, or restrict your access to our website and services, in whole or in part, at our sole discretion and without liability, if you fail to comply with these Terms or for any other reason we deem necessary.

Please note that any modifications to these Terms will not affect our commitment to protecting your privacy and maintaining the confidentiality and security of your personal information. Our privacy practices are governed by our Privacy Policy.

WAIVER.

No Automatic Waivers: The failure or delay of IBEX Training in exercising any right, remedy, power, or privilege under these Terms shall not constitute a waiver thereof. Similarly, any single or partial exercise of any right, remedy, power, or privilege hereunder shall not preclude further exercise of the same or of any other right, remedy, power, or privilege.

Written Requirement: Any waiver by IBEX Training of a breach of any provision of these Terms shall only be effective if it is in writing and signed by an authorized representative of IBEX Training. A waiver of any term or provision shall not be construed as a waiver of any subsequent breach or default, whether of a similar nature or otherwise.

Retaining Rights: No waiver by IBEX Training of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of IBEX Training to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

HEADINGS.

The headings used in these Terms are for convenience and reference purposes only. They do not limit, interpret, or define the scope or intent of the provisions contained herein. The headings are not intended to be legally binding or to affect the meaning or interpretation of these Terms.

Interpretation: The provisions contained in these Terms shall be interpreted in accordance with their plain meaning and intent, regardless of any headings or titles.

Organization and Structure: The headings used throughout these Terms are provided to aid in navigating and understanding the content. They are organized in a logical manner and reflect the general subject matter of the respective sections.

Non-Exclusive: The headings used in these Terms are not an exhaustive representation of the topics covered. Other terms and concepts may be included in each section, regardless of whether they are explicitly stated in the headings.

No Legal Significance: The headings are not intended to have any legal significance or to modify or alter the rights and obligations of the parties under these Terms. They are simply a structural element to enhance readability.

Please note that the headings provision is included for organizational purposes and does not impact the substantive rights and obligations set forth in these Terms.

SEVERABILITY.

Enforceability of Terms: In the event that any provision or part of these Terms is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of these Terms shall remain in full force and effect.

Modification of Invalid Terms: The invalid, illegal, or unenforceable provision shall be modified to the extent necessary to render it valid, legal, and enforceable while preserving its intent. If modification is not possible, the affected provision or part thereof shall be deemed severed from these Terms, but all other provisions and parts of these Terms shall continue in full force and effect.

Effect on Agreement: The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision or part of these Terms, which shall remain in full force and effect as though such invalid, illegal, or unenforceable provision had never been included.

Construction: These Terms shall be construed as if each provision and part thereof were drafted independently, and any presumption or rule of construction against construing ambiguities in favor of the drafting party shall not apply to the interpretation or construction of these Terms.

ENTIRE AGREEMENT. 

Comprehensive Understanding: These Terms, including any additional policies or agreements incorporated by reference, constitute the entire agreement and understanding between IBEX Training and you, superseding all prior or contemporaneous communications, proposals, understandings, agreements, or representations, whether oral or written, between the parties regarding the subject matter herein.

No Reliance on Oral Representations: You acknowledge that you have not relied upon any representation, promise, or warranty made by IBEX Training, except as expressly set forth in these Terms.

No Oral Modifications: Any modifications, amendments, or supplements to these Terms must be made in writing and signed by an authorized representative of IBEX Training. No oral modifications or agreements shall be valid.

Survival: Any provision that, by its nature, should survive termination or expiration, shall survive termination or expiration, including but not limited to provisions governing intellectual property, limitation of liability, indemnification, dispute resolution, and governing law.

Consistency: In the event of any conflict or inconsistency between the provisions of these Terms and any other agreements or policies, the provisions of these Terms shall prevail.

CONTACT US.

Communication Channels: If you have any questions, concerns, or feedback regarding these Terms, our Platform, or any of our products or services, please feel free to contact us through any of the following channels:

Email: info@ibextrained.com

Response Time: We will make reasonable efforts to respond to your inquiries promptly, typically within., two business days. However, please note that response times may vary depending on the nature and complexity of your inquiry.

Provide Sufficient Information: To assist us in addressing your concerns effectively, please ensure that your communication includes your name, contact information, and a clear description of your question or issue.

Updates: We may update the contact information provided herein from time to time. It is your responsibility to check this provision for the most current contact information.

No Legal Advice: Please note that any information provided through our contact channels is for general informational purposes only and does not constitute legal, financial, or professional advice. For specific legal or financial concerns, consult with a qualified professional.

Record Keeping: We may retain records of your inquiries and our responses for our records and as required by applicable laws and regulations.