Terms & Conditions
Please carefully read and understand these Terms and Conditions of Use ("Terms") before accessing or using any Wolf Pack Coaching & Consulting, LLC website. These Terms contain disclaimers of warranties and limitations of liabilities (see Sections 3 and 4). These Terms form an essential basis of our agreement. Please print and retain a copy of this agreement for your records.
The use of this website and any other website operated by Wolf Pack Coaching & Consulting, LLC, including but not limited to coachjohnwolf.com, wolfpackcoach.com, hillcountryexecutive.com, and leadthepack.fit (collectively, the "Platform"), is governed by the policies, terms, and conditions set forth herein. By accessing or using the Platform, you agree to the terms set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Platform.
This Agreement contains arbitration and class action waiver provisions that waive your right to a court hearing, right to a jury trial, and right to participate in a class action. Arbitration is mandatory and is the exclusive remedy for any and all disputes unless specified in Section 5.
Website Use and Conduct Restrictions
By using the Platform, you represent that you are at least the age of majority in your state or province of residence. If you use the Platform, you are affirming that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
All aspects of the Platform are protected by U.S. and international copyright, trademark, and other intellectual property laws, including, without limitation, all design elements, text, markings, logos, taglines, metatags, headings, photographic images, personal stories, icons, video and audio clips, personal training sessions, and downloads. No material on or provided through the Platform may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, trade dress, trade secret, or other proprietary or confidential information owned by Company. Commercial use of such information is strictly prohibited, except as provided otherwise in these Terms.
Subject to your continued strict compliance with all Terms, the Company provides you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Platform. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
You agree not to use or attempt to use the Platform in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Platform including, but not limited to: (1) hacking and/or other digital or physical attacks on the Platform; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
You agree not to interfere with, disrupt, or attempt to gain unauthorized access to other accounts, servers, or networks connected to the Platform.
Program and Service Disclaimer (Health and Fitness)
The information and content provided through the Platform, including coaching programs, training systems, nutrition guidance, and educational materials, are provided for informational and educational purposes only. The Platform does not provide medical advice, diagnosis, or treatment.
You should consult a qualified physician or other licensed healthcare provider before beginning any exercise, nutrition, or health-related program, particularly if you have any pre-existing medical conditions, are pregnant, or are taking medication.
By participating in any program or service offered through the Platform, you acknowledge that physical exercise and nutrition changes carry inherent risks, including but not limited to injury, illness, and aggravation of pre-existing conditions. You assume full responsibility for any risks associated with your participation.
The Company makes no guarantees, representations, or warranties regarding specific health, fitness, weight, performance, or other outcomes. Individual results vary based on factors beyond the Company's control, including but not limited to your effort, consistency, genetics, lifestyle, and adherence to program guidelines.
Disclaimers of Warranties
Limitations of Liabilities
Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
Please read this arbitration provision carefully to understand your rights. Except where prohibited by law, you agree that any claim that you may have in the future must be resolved through final and binding confidential arbitration. You acknowledge and agree that you are waiving the right to a trial by jury. You agree that you may bring a claim in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Except as provided below and to enforce an arbitration hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach hereof, our relationship, or your use or attempted use of the Platform or any product or service offered by the Company, shall be submitted to and finally resolved by individual confidential arbitration under the rules of the American Arbitration Association then in effect.
Commencing Arbitration
You and the Company agree to commence an arbitration proceeding within 1 year after the claim arises and this arbitration proceeding commenced after 1 year shall be forever barred.
Arbitration Location
If the amount in controversy is $500 or less, the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Texas unless the Company otherwise agrees to arbitrate in another forum requested by You.
Organization, Rules, and the Arbitrator
We each agree that any and all claims other than those enumerated below shall be submitted to a single arbitrator of the American Arbitration Association ("AAA"). The arbitrator shall be selected by agreement of the parties or if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes.
Governing Law
The arbitrator shall follow the substantive law of the State of Texas without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA.
Exceptions
Notwithstanding the foregoing, you and the Company both retain the right to pursue, in small claims court, any claim that is within that court's jurisdiction and proceeds on an individual (non-class) basis. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in state or federal courts located in Texas: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights; or (ii) action by the Company for temporary, preliminary, or permanent injunctive relief.
Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys' fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Platform, software, products, or services; (2) information you submit or transmit through the Platform; (3) your breach of these Terms; or (4) your violation of any law or the rights of a third-party.
Notice and Takedown Procedures: Copyright Act
If You believe that materials or content available on any Company website infringes any copyright You own, You or Your agent may send the Company a notice requesting that the Company remove the materials or content from the Company website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send Company a counter-notice. Notices and counter-notices should be sent to Wolf Pack Coaching & Consulting, LLC's Designated Agent under the Digital Millennium Copyright Act:
Wolf Pack Coaching & Consulting, LLC
c/o Republic Registered Agent LLC
17350 State Hwy 249, Ste 220
Houston, TX 77064
Email: legal@wolfpackcollective.com
The DMCA Designated Agent is registered with the U.S. Copyright Office in accordance with 17 U.S.C. § 512(c).
To be effective, a notification of claimed infringement must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing, with sufficient detail to permit us to locate the material;
- Your contact information (address, telephone number, and email);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Governing Law and Venue
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or any matter concerning the Company shall be governed exclusively by the laws of the State of Texas without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator (if proper) or court of competent jurisdiction to be excluded from the arbitration agreement in Section 5 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Texas, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts.
Severability
If any provision of this Agreement is found by the arbitrator (if proper) or a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
Termination
The Company reserves the right, in its sole discretion, to terminate or suspend your account or access to the Platform at any time, with or without cause, with or without notice, including but not limited to your violation of these Terms.
You may terminate your account at any time by contacting us at legal@wolfpackcollective.com. Termination of your account does not relieve you of any obligation to pay outstanding fees or charges incurred prior to termination.
Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: Intellectual Property provisions (Section 1), Disclaimers (Section 3), Limitations of Liability (Section 4), Dispute Resolution (Section 5), Indemnification (Section 6), Governing Law (Section 8), Severability (Section 9), and this Section 10.
Privacy Notice
This Privacy Notice is only applicable to the Platform and not to any other websites that you may be able to access from the Platform, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Notice. When you leave the Platform via a link to another website, you are subject to that site's Privacy Policy, Terms of Use, and other policies applicable to that site, and you should review the third-party website policies.
We respect your privacy and the use and protection of your non-public, personal information. For full details of our information collection and use practices, please refer to our Privacy Policy.
Email Marketing
By submitting your email address through the Platform, you are expressly consenting to receive emails from the Company. To opt out of receiving email messages from us, click on the "Unsubscribe" link contained in such email. Please allow up to 10 business days for us to process your request. Please note: if you decide not to receive marketing emails from us, you may still receive transactional email messages regarding your order (e.g., order confirmation, shipping information, etc.). If you have questions or concerns regarding this provision, please contact us at legal@wolfpackcollective.com.
Privacy Rights
As described in these Terms, from time to time we may share your personal information available to third parties for marketing purposes. Texas permits individuals who are United States residents to request certain information about our disclosure of personal information to third parties for direct marketing purposes. If you are a United States resident and would like to make such a request, please submit your request in writing to legal@wolfpackcollective.com.
California residents have additional rights under the California Consumer Privacy Act ("CCPA") and the California Privacy Rights Act ("CPRA") as described in our Privacy Policy.
Entire Agreement
These Terms, the Privacy Policy, and any policies or operating rules posted by the Company on the Platform with respect to the Platform constitute the entire agreement and understanding between you and the Company and govern your access and use of the Platform and your use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and the Company. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
Contacting Us
We encourage our customers to contact us with questions or comments about our services.
c/o Republic Registered Agent LLC
17350 State Hwy 249, Ste 220
Houston, TX 77064
Email: legal@wolfpackcollective.com
Telephone: 1-800-988-4757