1. AGREEMENT TO TERMS

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Victory Fitness Company LLC (“we,” “us,” or “our”), concerning your access to and use of the https://victoryfitnessco.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site” ).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.

2. SERVICES PROVIDED

Victory Fitness Company LLC provides online fitness and nutrition coaching services, educational content, and community access designed for men over 50. Our services are for informational and educational purposes only and are detailed further in our Service Delivery Agreement, which you will be required to sign before commencing any program.

3. PROFESSIONAL SCOPE AND MEDICAL DISCLAIMER

Our services are not a substitute for professional medical advice, diagnosis, or treatment. The coaches and staff of Victory Fitness Company LLC are not licensed medical professionals, registered dietitians, or other licensed healthcare providers. You acknowledge and agree that you have been strongly advised to consult with your physician or other qualified healthcare provider before beginning any new fitness or nutrition program. You must not disregard professional medical advice or delay seeking it because of information or guidance provided by us.

4. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and all content and materials thereon, including but not limited to the VFC Private Fitness App, educational materials, methodologies, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Service; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

6. PAYMENT AND BILLING

We accept the following forms of payment:

Visa

Mastercard

American Express

Discover

Affirm

Afterpay

Klarna

Paypal

ACH Transfer

Wire Transfer 

BTC Transfers

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

All payments shall be in U.S. dollars. We will charge your chosen payment provider for any agreed-upon program fees. If you have selected a payment plan, you authorize us to charge your chosen payment method for the agreed-upon installments on the specified dates.

7. CANCELLATION AND REFUND POLICY

Our services are provided on a fixed-term basis, and you are committing to the full service period upon signing our Service Delivery Agreement. Payments already made are non-refundable upon cancellation. For our conditional money-back guarantee, please review our full Refund Policy for eligibility requirements.

8. NO CHARGEBACK POLICY

By making a purchase, you agree to our no-chargeback policy. You agree to contact us directly to resolve any disputes. Any attempt to initiate a chargeback will be considered a breach of this agreement and may result in legal action to recover the disputed amount, plus any associated fees.

9. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

10. TERM AND TERMINATION

These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION.

11. GOVERNING LAW

These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the State of Tennessee applicable to agreements made and to be entirely performed within the State of Tennessee, without regard to its conflict of law principles.

12. DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Williamson County, Tennessee, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

13. DISCLAIMERS

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14. LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Victory Fitness Company LLC 

6688 Nolensville Rd Ste 108 PMB 2312 

Brentwood, TN 37027

Williamson County, USA 

+1 ‪(615) 208-6335‬

[email protected]