Terms of Service

1.General Information

1.1.Terms of Service

These Terms describe the terms and conditions applicable to your access and use of the website, located at www.AriesLift.com, and its sub-domains (the “Website”), related mobile device application, and software (collectively with the Website, the “AriesLift Platform”).

Use of the Services is subject to these Terms and any other rules or policies published on the Website or otherwise made available to you by AriesLift.

You understand that by creating an account on the AriesLift Platform, you enter into a legally binding contract with AriesLift with effect from this date and indicate your unconditional acceptance of these Terms.

These Terms, as well as the Refund and Payment Policy, Privacy Policy, Cookies Policy, and any service-specific terms as made available in the Legal Center, are legally binding agreements governing the relationship between AriesLift and any User (as defined below) or visitor of the AriesLift Platform.

As a User or visitor of the AriesLift Platform, the collection, use, and sharing of your personal data are subject to the Privacy Policy and Cookies Policy, as may be amended from time to time.

1.2.AriesLift Services

You may access and use the AriesLift Platform as: (a) a registered user seeking online coaching services by using the AriesLift Platform or other tools made available by AriesLift (the “Trainee”); (b) a registered user providing online coaching services via the AriesLift Platform or other tools made available by AriesLift (the “Trainer”); or (c) a visitor of the Website, including the AriesLift Blog.

Throughout these Terms, “you” or “your” may refer as applicable to the Trainee, the Trainer, or a visitor accessing or using any of our Services (each the "User").

AriesLift services include access to the AriesLift Platform for Trainees and Trainers to connect for online coaching services, facilitation of payments between Trainees and Trainers, and customer support and related services (the “Services”). AriesLift does not provide fitness coaching and training services. All available coaching services on the AriesLift Platform are provided according to the services' specific terms outlined in the Legal Center.

You are responsible for obtaining and paying for any equipment and Internet service necessary to access the Services. We may alter, suspend, or discontinue the AriesLift Platform or the Services in whole or in part, at any time and for any reason, without notice. The AriesLift Platform may also become unavailable periodically due to maintenance or malfunction of computer equipment or other reasons. We may provide access to third-party services and products from time to time or to our own products or Services. You acknowledge that the AriesLift Platform is evolving and that the form and nature of the Services may change from time to time without notice to you.

1.3.Amendments to these Terms

We reserve the right to amend or modify the Terms at any time by posting a revised version on the Website and by notifying you through the AriesLift Platform or via the email address associated with you in case of material change hereto. The latest version is published on this page.

We encourage you to check this page regularly. If you do not agree with the amendments to these Terms, you have the right to terminate these Terms by discontinuing your use of the Services and providing a termination notice to AriesLift or deleting your account. By continuing to use the Services following the amendment of these Terms, you consent to be bound by the Terms as amended.

2.Obligations

2.1.Services Eligibility

Services are available only to and may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 but not younger than the age of 13 can use our Services only in conjunction with and under the supervision of a parent or a legal guardian. The parent or the legal guardian shall at all times be responsible for any and all activities related to the use of the Services by the aforementioned individuals.

You agree and confirm that you will not allow any individual younger than the age of 13 to use the Services.

Due to the ongoing Russian aggression against Ukraine, Services are not available to users located in Russia or Belarus.

AriesLift cannot confirm that each User is who they claim to be. You agree and understand that you assume all risks when using the Services, including without limitation any and all of the risks associated with any online or offline interactions with other Users.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Neither AriesLift nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User of the Services.

2.2.Privacy

You may use the AriesLift Platform without providing personally identifiable information. When using the Services, you may be requested to provide your personal data. To learn more about our privacy practices, please refer to the AriesLift Privacy Policy.

2.3.Payment

Payment processing on the AriesLift Platform is provided by third-party payment processors, allowing us to:

1. 1.bill the Trainees in lieu of directly processing your billing information;
2. 2.enable payouts to the Trainers.

For the avoidance of doubt, payment made by the Trainee to AriesLift shall satisfy the Trainee’s obligation with respect to the payment to the Trainer for the coaching services provided via the AriesLift Platform.

Please review the additional payment terms as specified in the Refund and Payment Policy. More details on the security of your payment and billing information may be found in our Privacy Policy.

2.4.Refund

AriesLift strives to ensure a clear understanding of the financial relations between Trainees and Trainers with respect to the Services we provide. Please check our Refund and Payment Policy to find out more about how we handle refunds. To the fullest extent permitted by law, any refunds at any time are at our sole discretion only.

3.Rights and Limits

3.1.Your Right to Use the AriesLift Platform

In case you are a Trainee, AriesLift hereby grants you, on the Terms set forth herein, a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the AriesLift Platform solely for your non-commercial personal use.

In case you are a Trainer, AriesLift hereby grants you, on the Terms set forth herein, a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the AriesLift Platform solely for the provision of the coaching services to the Trainees.

You agree not to view, copy, or procure content or information from the AriesLift Platform by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the AriesLift Platform (except as may be a result of the standard search engine or Internet browser usage) unless formally authorized by AriesLift under separate written agreement.

You agree not to inquire about the engagement of or to engage Trainers to complete assignments, write papers, take quizzes, or otherwise do work on your behalf. Further, you agree not to use the Services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution, or workplace.

No AriesLift materials made available to you as part of the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without AriesLift's prior written permission or as expressly provided in these Terms.

You may not share or transfer your account credentials with any third party.

AriesLift may impose reasonable limits on your scope of access to the AriesLift Platform, including limits on time or volume of information accessed or devices used to access the AriesLift Platform, to prevent unauthorized third-party use of the Services.

All rights not expressly granted herein are reserved.

3.2.Your Account

Certain of our Services are reserved for registered users only. To become a registered user, you must create a Trainee or Trainer account on the AriesLift Platform. You agree that you are responsible for protecting your account credentials from unauthorized use, and you are responsible for all activity that occurs under those account credentials. You agree to notify us immediately if you believe that any of your account credentials have been or may be used without your permission so that appropriate action can be taken.

You may use the AriesLift Platform and its features without being a registered user. This shall not preclude the application of these Terms and other AriesLift’s rules and policies applicable to your use of the AriesLift Platform, including but not limited to when you interact with the AriesLift Platform.

You may not (i) create more than two accounts (one as a Trainer and one as a Trainee) to access the AriesLift Platform, (ii) share your account credentials with any third party, or (iii) transfer your account to any third party. AriesLift is not responsible for any loss or damage caused by or expense incurred by you as a result of your failure to safeguard your account credentials. You agree that you shall not rent, resell, or remarket the AriesLift Platform or provide access to the Services to any third party.

When you create an account on AriesLift, we may collect certain personal data directly from you, or if you create your account using a supported third-party service, we may collect personal data about you from the third-party service (your username or user ID associated with that third-party service). By choosing to create an account using a third-party service, you authorize us to collect the personal data necessary to authenticate your account with the third-party service provider.

You may select a profile photo or connect a supported third-party account to be displayed within your Trainee account. Please be advised that the provision of your photo is not obligatory to use our Services. You may edit your account at your sole discretion. The security of any personal data you choose to share within your account is subject to our Privacy Policy.

When you create a Trainer account, it is obligatory to provide your profile photo and a video introduction. You may edit your account at your sole discretion. Adding more details to your Trainer account may help you get the most out of your use of the Services, for instance, find more Trainees. Therefore, it is your choice whether to include additional information within your account, such as country, training specialties, education, and work experience. The security of any personal data you choose to share within your account is subject to our Privacy Policy.

3.3.Direct Interactions

AriesLift does not take part in direct interactions between Trainees and Trainers except when we consider it advisable:

1. 1.to ensure compliance with these Terms;
2. 2.to improve our Services; or
3. 3.as stated in our Refund and Payment Policy.

AriesLift does not have control over the coaching services provided by the Trainers, any reviews or ratings provided by the Trainees, or any User acts and omissions.

3.4.Representations and Warranties

Trainer-Specific Representations

If you use the Services as a Trainer:

1. 1.you will provide the coaching services in accordance with these Terms and other policies set forth by AriesLift and made available to you via email or by posting on the Website;
2. 2.you will provide the coaching services in accordance with laws and regulations applicable in the state or country where you are providing the coaching services;
3. 3.you are solely responsible and fully liable for any violation of any local laws and regulations that apply to your provision of the coaching services;
4. 4.you will provide the coaching services with reasonable care and skill and in accordance with generally recognized practices;
5. 5.you have obtained all registrations, certifications, licenses, and other documentation that are required in the applicable jurisdiction for providing the coaching services. It is your obligation to maintain the validity of all aforementioned documentation;
6. 6.you will not provide coaching services to the Trainees outside of the AriesLift Platform, receive payments from the Trainees directly, or encourage or solicit payment from the Trainee directly or through any channels other than those provided by AriesLift;
7. 7.you acknowledge and agree that AriesLift may advertise coaching services that you provide via the AriesLift Platform without any additional payment or obligation to you;
8. 8.you acknowledge and agree that AriesLift may improve the video you provided for your account. The improvements can be made by editing the video, adding the AriesLift logo to the video, improving the quality of sound in the video, and publishing the video on AriesLift social media accounts with a description and link to the Trainer’s profile.

Trainee-Specific Representations

If you use the Services as a Trainee:

1. 1.you agree to honor the commitments you make to the Trainer via the AriesLift Platform;
2. 2.you agree that you will not circumvent or manipulate the fee structure, the billing process, or fees owed to AriesLift or the Trainer; and
3. 3.you agree to use good faith efforts to interact with the Trainers.

3.5.Trainer Introduction Video and Profile Photo

Trainers grant AriesLift the rights to use Trainer’s introduction video, name, and profile photo for marketing, advertising, or promotional purposes, including but not limited to publishing on social media channels, video hosting, and streaming services as to ensure accessibility and visibility to the Trainees.

You may always request to remove any introduction videos published on social media channels, video hosting, and streaming services by writing to arieslift-support@ariesview.com.

3.6.Trainer Ranking

AriesLift uses many pieces of information in order to show the Trainee the Trainers that best match the Trainee’s preferences. The order in which Trainers are displayed depends on a number of factors including, but not limited to, the following:

• the focus the Trainee is searching for;
• the country of the Trainee;
• the Trainee’s preferred language on the AriesLift Platform;
• the time zone of the Trainee;
• the overlap in standard business hours between the Trainer and Trainee’s time zones;
• the overall availability of time slots on a Trainer’s calendar;
• the past performance of a Trainer in helping their Trainees achieve their training goals;
• the Trainer profile information, including its completeness and the quality of the profile photo and introduction video;
• how responsive the Trainer is to the Trainees’ messages;
• the Trainee reviews and ratings;
• Trainee’s training history on the AriesLift Platform.

3.7.User Complaints

If a User has a complaint about AriesLift Services, they should contact AriesLift at arieslift-support@ariesview.com with the subject line ‘Formal Complaint’ (the “Complaint”), providing as much detail as possible about the Complaint. AriesLift shall respond to the User confirming receipt and shall investigate the matter.

Upon receiving the Complaint, AriesLift customer support shall investigate the Complaint internally, taking into account the importance and complexity of the issue or issues raised. If the Complaint relates to a specific AriesLift employee, another AriesLift representative will help with the investigation in their place.

AriesLift shall respond to the User with its findings in response to the Complaint, and, where applicable, with a suggested solution.

3.8.Referral Program

The Trainees (henceforth the “Trainee Referrer”) and the Trainers (henceforth the “Trainer Referrer”) may invite another individual who is not and has never been, a registered user of the AriesLift Platform (henceforth the “Referee”) with a referral link. Clicking on this referral link entitles the Referee to a discount on their initial purchase via the AriesLift Platform.

Referral links are only valid for and may be redeemed by the Referee to whom they are sent. We reserve the right to terminate any accounts found in violation and remove any credits or referral bonuses accumulated in breach of these Terms or Promotional terms with or without notice.

Eligibility for discounts and referral bonuses is determined by AriesLift at its sole discretion, and we reserve the right to revoke a discount or referral bonus if we determine you are not eligible. The eligibility requirements and other conditions will be disclosed when you sign up for the Services or as otherwise communicated to you by AriesLift.

Trainees

The Trainee Referrer will be entitled to receive a discount when the Referee makes their initial purchase using the discount from the referral link. The discount amount for the Trainee Referrer and the Referee is subject to change.

Credits are valid only for booking sessions on AriesLift, are not redeemable for cash, and may not be resold. Credits will be valid for 180 days from the Referrer’s most recent log-in date. If the Referrer has not logged in for 180 days, all credits will expire and will no longer be recoverable.

Trainers

The Trainer Referrer will be entitled to receive a referral bonus for every purchase the Referee makes. The referral bonus can be withdrawn as cash. The referral bonus amount for the Trainer Referrer and Referee is subject to change.

3.9.Limits

While using the Services, you agree to abide by the User Code of Conduct.

4.AriesLift Content

Users have a personal, non-transferable, non-exclusive right to use the AriesLift Content of the AriesLift Platform subject to these Terms. The “AriesLift Content” means all information, text, images, data, links, or other material created by us and accessible through the AriesLift Platform. The Content may contain typographical errors, other inadvertent errors, or inaccuracies. We reserve the right to make changes to the AriesLift Content without obligation to issue any notice of such changes. You may view, copy, download, and print the AriesLift Content that is available on the AriesLift Platform, subject to the following conditions:

1. 1.The AriesLift Content is available solely for your personal use. No part of the AriesLift Platform or the AriesLift Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose;
2. 2.The AriesLift Content may not be modified;
3. 3.Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on the AriesLift Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the AriesLift Platform or any AriesLift Content, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of the AriesLift Content.

5.User-Generated Content

The “User-generated Content” means all comments, remarks, information, feedback, text, photographs, links, data, images, video, music, or other material that you or any User post to any part of the AriesLift Platform or provide to AriesLift, including such content or information that is posted as a result of surveys.

We are not responsible or liable for the conduct of Users or for views, opinions, and statements expressed in the User-generated Content submitted for public display through the AriesLift Platform. We do not prescreen information posted online. We are acting as a passive conduit for such distribution and may not be responsible for the User-generated Content. Any opinions, advice, statements, services, offers, or other information in the User-generated Content expressed or made available by Users are those of the respective author(s) or distributor(s) and not of AriesLift. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User-generated Content. You are responsible for ensuring that the User-generated Content submitted to the AriesLift Platform is not provided in violation of any copyright, trade secret, or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secrets, or other intellectual property rights, or any other harm resulting from your use, uploading, posting, or submission of the User-generated Content to the AriesLift Platform.

We have the right, but not the obligation, to randomly monitor, edit or remove any User-generated Content submitted on or through the AriesLift Platform at any time.

If you believe that your intellectual property rights have been infringed, please submit your complaint to arieslift-support@ariesview.com. You may report all types of intellectual property claims, including, but not limited to, copyright, trademark, and patent claims. We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

Trainer Materials. The Trainer retains full ownership of any original materials they create, including but not limited to session plans, worksheets, presentations, and other coaching resources (“Trainer-Created Materials”). Any third-party materials properly licensed by the Trainer (“Trainer-Licensed Materials”) remain the property of the original rights holder.

By sharing Trainer-Created Materials or Trainer-Licensed Materials with the Trainee as part of the coaching services, the Trainer allows AriesLift to facilitate the Trainee’s access to, display and store such materials solely to support the delivery of the coaching service for as long as it is reasonably necessary to complete educational objectives initiated during the coaching services.

Lobbying. Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. The User-generated Content does not constitute lobbying by AriesLift but may constitute lobbying by you or an organization you represent. You are responsible for complying with any applicable lobbying restrictions.

6.Links to Third-Party Websites

The AriesLift Platform may contain links to non-AriesLift websites. These links are provided to you as a convenience and/or ancillary to the Services, and AriesLift is not responsible for the content of any linked website. Any non-AriesLift website accessed from the AriesLift Platform is independent from AriesLift, and AriesLift has no control over that website’s content. In addition, a link to any non-AriesLift website does not imply that AriesLift accepts any responsibility for the content or use of such a website. Use of any third-party website is subject to its terms of service and privacy policy. We request that the Users exercise caution and good judgment when using third-party websites.

7.Advertisement

AriesLift may run advertisements and promotions sponsored by third parties on the AriesLift Platform. Your correspondence or business dealings with, or participation in promotions of advertisers other than AriesLift found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. AriesLift is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-AriesLift advertisers on the AriesLift Platform.

AriesLift may display advertisements on non-AriesLift websites to promote the coaching services you provide via the AriesLift Platform and help you generate more Trainee leads.

8.No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by AriesLift of that third party or of any product or service provided by a third party. AriesLift does not endorse, warrant, or guarantee any product or service offered by any third party and will not be a party to or in any way monitor any transaction involving any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising caution and good judgment.

9.Relations Between AriesLift and Users

Providing the Services AriesLift is acting as an on-demand intermediary connecting Trainees and Trainers and providing the tools to facilitate coaching services. You acknowledge and agree that AriesLift is a technology services provider that does not provide online coaching services or functions as a fitness coaching company.

AriesLift does not serve as an employer of any User unless separately subject to a signed, written employment contract signed by both the User and AriesLift. Users may use the Services only for the provision and receipt of the coaching services subject to these Terms.

As such, AriesLift will not be liable for any withholding, including but not limited to unemployment insurance, employer’s liability, workers’ compensation insurance, social security, or payroll withholding tax in connection with your use of Services. You are solely responsible for adhering to all applicable tax regulations that may apply in connection with your use of the Services. You hereby agree to compensate AriesLift for all state fees, claims, payments, fines, or other tax liabilities that AriesLift will incur in connection with the obligations arising from applicable tax or other regulations not being met by you.

In all cases of use of the AriesLift Platform, Users are acting as independent contractors and not as AriesLift’s or any other party’s employee, agent, franchisee, or servant. Accordingly, you will be solely responsible for all costs incurred by you or your organization. You may not act as an employee, agent, or representative of AriesLift nor bind any contract on behalf of AriesLift. Where, by implication of mandatory law or otherwise, you shall be deemed an employee of AriesLift, you hereby agree to waive any claims against us that may arise as a result of such implied employment relationship. No User is entitled to participate in any AriesLift vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by AriesLift to its employees.

The Services provide connection to Trainers who are willing to be engaged by Trainees as independent contractors. As independent contractors, each Trainer decides when and how often the Trainer will be available to provide the coaching services to Trainees. Each Trainer controls the methods, materials, content, and all aspects of the coaching services.

Trainees are responsible for selecting a Trainer suitable for their training goals. Trainees should check each Trainer's self-reported credentials, education, and experience, as well as reviews from other Trainees. Each Trainer has the sole discretion to accept or decline a request for coaching services, as well as continue or discontinue a coaching relationship with any Trainee.

Trainers may and, in fact, are expected to perform the coaching services for others or do other types of work (either as an independent contractor or employee or other) while these Terms are in effect, including with AriesLift’s competitors if desired, provided that such other activities do not result in the Trainer’s violation of the Terms.

10.Assignment

You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without AriesLift’s written consent. These Terms shall be binding and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees, and assigns.

11.Feedback

You acknowledge and agree that we may provide you with a mechanism to provide feedback, suggestions, and ideas about the Services or the AriesLift Platform (the "Feedback").

By submitting any Feedback, you provide us written consent to use your Feedback for the improvement and promotion of the Services. You agree that submitting Feedback is gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation and that we are free to use the Feedback without any additional compensation to you and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone.

You further acknowledge that, by accepting your Feedback, AriesLift does not waive any rights to use similar or related ideas previously known to AriesLift, developed by its employees, or obtained from sources other than you. You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancement and modifications to the Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, or without it in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

12.Reviews

You acknowledge and agree that AriesLift may calculate a composite rating based on comments and reviews left by other Users. Trainers agree to be rated by Trainees along several criteria, as suggested by AriesLift. AriesLift provides its automatic feedback and rating system as a means through which Users can express their opinions publicly, and AriesLift does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to AriesLift's attention. You may be held legally responsible for damages suffered by other Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. AriesLift is not legally responsible for any feedback or comments posted or made available on the AriesLift Platform by any Users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Support.

13.Notifications

Unless you otherwise indicate in writing, AriesLift will communicate with you by email, regular mail or by posting communications on the AriesLift Platform. You consent to receive communications from us electronically, and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when we send it to the email address you have provided to AriesLift within your account or when we post such communication on the AriesLift Platform. You should keep your email address updated in your account and regularly check this Website for postings. If you fail to respond to an email message from AriesLift regarding the violation, dispute, or complaint within 2 (two) business days, we will have the right to terminate or suspend your account. All notices to AriesLift intended to have a legal effect concerning these Terms must be in writing and delivered by email to arieslift-support@ariesview.com.

To stop receiving specific communications from AriesLift, please submit a notification to us by email at arieslift-support@ariesview.com in order to change the types and frequency of such communications, you may also change notification preferences in your account.

14.Termination

Other than Trainers, we may terminate any User’s access to the AriesLift Platform at our sole discretion, for any reason and at any time, with or without prior notice. It is our right to terminate access for Users who violate these Terms, as deemed appropriate in our sole discretion.

We may terminate a Trainer’s use of the Services (a) immediately for failure to comply with the Terms, including User Code of Conduct, which is considered a material breach of the agreement; (b) for other cause, including, but not limited to, sexual or other unwelcome harassment, threats or intimidation, fraud, falsification of documents or qualifications; or (c) upon 30 days’ advance written notice for any reason.

We may also delete or restrict access to or use of all related information and files. AriesLift will not be liable to Users or any third party for any modification, suspension, or termination of the Service, or loss of related information.

In case AriesLift suspends or terminates your account due to the breach of these Terms or any of AriesLift's policies, you understand and agree that you shall receive no refund or compensation for any unused sessions (whether scheduled or not), or loss of any content or information associated with your account. In addition to the aforementioned, AriesLift is entitled to withhold any funds remaining on your account as liquidated damages.

In case you haven’t logged into your AriesLift account for more than 180 days your account will be suspended, and your remaining balance will expire.

Even after your right to use the Services has been terminated or suspended, these Terms will remain enforceable against you.

15.Intellectual Property Rights

All intellectual property in the design and layout of the AriesLift Platform and the material and information published on the Website pages or within the AriesLift Platform functionality belongs to and is vested in AriesLift or its licensors. You may not copy any part of the AriesLift Platform or otherwise do anything in relation to any part of the AriesLift Platform. You may not otherwise use or reproduce any of the AriesLift Platform or the material contained within it in any manner other than those listed above without first obtaining AriesLift's prior written permission.

Unless otherwise noted, all AriesLift Content contained on the AriesLift Platform is the property of AriesLift and/or its affiliates or licensors and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. The service marks and trademarks of AriesLift, including without limitation AriesLift and the AriesLift logos, are service marks owned by AriesLift, Inc. Any other trademarks, service marks, logos, and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of the owner.

You may not link or frame to any pages of the Website or any AriesLift Content contained therein, whether in whole or in part, without prior written consent from AriesLift. You may like or follow AriesLift or share links to the Website via social networking technology referenced on the Website. Any rights not expressly granted herein are reserved.

16.Copyright Infringement. DMCA Notice

Since we respect content owner rights, it is AriesLift’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that any materials on our Services infringe your copyright, you may request that they be removed. Please notify AriesLift's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, your request must bear the signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:

1. 1.An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. 2.Identification of the copyrighted work that you claim has been infringed;
3. 3.Identification of the material that is claimed to be infringing and where it is located on the Website;
4. 4.Information reasonably sufficient to permit AriesLift to contact you, such as your address, telephone number, and email address;
5. 5.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 law; and
6. 6.A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to AriesLift’s DMCA Agent by email to arieslift-support@ariesview.com.

Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney's fees.

Please note that this procedure is exclusively for notifying AriesLift and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with AriesLift’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable laws, AriesLift may also, at its sole discretion, limit access to the Service and/or terminate the accounts of any Users who infringe the intellectual property rights of others, whether or not there is a repeat infringement.

17.Confidentiality

You may obtain direct access via the Services to certain confidential information of AriesLift, its affiliates or Users, including but not limited to personally identifiable information, technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You agree to hold Confidential Information in strict confidence and not use the Confidential Information except for the purposes set forth in these Terms and not disclose such Confidential Information to any third party. All rights, title and interest in the Confidential Information remains with AriesLift, its affiliates and its Users. No obligation is imposed upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from AriesLift, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) is disclosed in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to AriesLift adequate to afford AriesLift the opportunity to object to the disclosure.

18.Disclaimer of Warranty

Use of the Services is entirely at your own risk. AriesLift disclaims all liability in connection with any interactions, correspondence, transactions, and other dealings that you have with any third parties, including, without limitation, Trainees or Trainers found on or through the AriesLift Platform (including on or via linked websites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, services, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Under no circumstances will we be liable for any loss or damage caused by your reliance on the information in any content on the AriesLift Platform. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the AriesLift Platform.

You acknowledge that the AriesLift Platform and all Services, text, images, and other information on or accessible from the AriesLift Platform are provided "as is" and are based in part on listings provided by Trainers, which are not verified by AriesLift, and that any coaching services, listings or other content acquired through the use of the AriesLift Platform are at your sole risk and discretion. AriesLift and its affiliates and licensors are not liable or responsible for any results generated through the use of the Services. We provide no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, but without limitation, AriesLift does not warrant that: (i) the information available on the AriesLift Platform is free of errors; (ii) the functions or services (including but not limited to mechanisms for the downloading and uploading of content) provided by the AriesLift Platform will be uninterrupted, secure, or free of errors; (iii) defects will be corrected, or (iv) the AriesLift Platform or the server(s) that makes it available are free of viruses or other harmful components. Neither AriesLift nor its affiliates or licensors is responsible for the conduct, whether online or offline, between Users.

In addition, notwithstanding any feature a Trainee may use to expedite Trainer selection, each Trainee is responsible for selecting their Trainer and negotiating a contract, and AriesLift does not warrant any goods or coaching services purchased by a Trainee and does not recommend any particular Trainer. AriesLift does not provide any warranties or guarantees regarding any Trainer’s professional accreditation, registration, or license.

AriesLift expressly disclaims any liability or claims that may arise between Users of its Services. You are solely responsible for your interactions with all other Users and any disputes that arise from those interactions with other Users. AriesLift is not obliged but may attempt to assist in resolving disputes between Users.

19.Limitation of Liability

19.1.Disclaimer

In no event shall AriesLift, its affiliates, and licensors be liable to any User of the AriesLift Platform or any other person or entity for any direct, indirect, special, incidental, consequential, or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of use, inability to use, unauthorized access to or use or misuse of the AriesLift Platform or any information contained thereon, whether based upon warranty, contract, tort (including negligence) or otherwise, even if has been advised of the possibility of such damages or losses.

19.2.Limitation

You agree that AriesLift’s total cumulative liability in connection with these Terms, the AriesLift Platform, the Services, the AriesLift Content, or any listing or services, whether in contract, tort, or otherwise, shall not exceed the amounts, if any, you paid to AriesLift for the Services in the then-prior three months.

19.3.Waiver of Class Action

Any claims brought by you or AriesLift must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

20.Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

21.International

The AriesLift Platform may be accessed from countries other than the United States. The AriesLift Platform and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States.

If you access and use the AriesLift Platform outside the United States, you are responsible for complying with all applicable local laws and regulations.

We make no representation that information on the AriesLift Platform is appropriate or available for use outside the United States. Those who choose to access the AriesLift Platform from outside the United States do so on their own initiative and at their own risk.

22.Export Control

The laws of the United States of America prohibit the transmission, export, and re-export of certain products, services, downloadable software, and data (technical data) to particular persons, territories, and foreign states. Nothing from the Services may be exported in any way in violation of the United States law.

The United States export control regulations prohibit U.S. businesses, such as AriesLift, from offering services to users in specific sanctioned regions.

In order to comply with these regulations, it is not allowed for users in the following areas to access all or certain parts of the AriesLift Platform:

• Iran,
• Sudan,
• Crimea,
• Cuba,
• Syria,
• North Korea,
• Temporary occupied territories of Donetsk and Luhansk oblast of Ukraine,
• Any other country or region restricted by law (as may be changed from time to time).

Depending on your exact location, you may encounter an IP or payment purchase block when attempting to enroll in or otherwise access the AriesLift Platform.

23.Liquidated Damages

AriesLift and a User hereto acknowledge and agree that the funds that may be withheld under Section 14 of these Terms shall constitute liquidated damages and not penalties and are in addition to all other rights of AriesLift in case of the breach of these Terms. AriesLift and a User further acknowledge that (i) the amount of loss or damages likely to be incurred is incapable or is difficult to precisely estimate, (ii) the amounts specified in the abovementioned section bear a reasonable relationship to, and are not plainly or grossly disproportionate to, the probable loss likely to be incurred in connection with any material breach of the agreement by a User (iii) one of the reasons for AriesLift and a User reaching an agreement as to such amounts was the uncertainty and cost of litigation regarding the question of actual damages.

24.Indemnification

By using the Services, you agree to indemnify, hold harmless and defend AriesLift and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services, including but not limited to (a) acts and/or omissions on or off the AriesLift Platform; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the AriesLift Platform; (c) breach of these Terms; (d) disputes with or between other Users; (e) use and/or misuse of the AriesLift Platform, including without limitation any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including without limitation such websites' availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third-party payment processors; and/or (m) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the AriesLift Platform . You further agree that you will cooperate as requested by AriesLift in defense of such claims. AriesLift reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of AriesLift without the written consent of AriesLift.

In the event that you have a dispute with any User, you hereby release AriesLift (and its officers, directors, agents, investors, subsidiaries, employees, contractors, and any other third parties related to the Services) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown, arising out of or in any way related with such disputes.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

25.Dispute Resolution

Informal Dispute Resolution: Before initiating arbitration, you and AriesLift agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof ("Dispute") through informal negotiations. Either party may initiate informal dispute resolution by sending a written notice of the Dispute to the other party. You shall send your notice to AriesLift at arieslift-support@ariesview.com. AriesLift will send its notice to the email address associated with your account. The notice must include:

• your name and contact information;
• a description of the nature and basis of the claim or dispute; and
• the specific relief sought.

The parties shall engage in good faith efforts to resolve the Dispute for a period of sixty (60) days from receipt of the written notice. If the Dispute is not resolved within sixty (60) days, either party may proceed to arbitration as set forth below.

Binding Arbitration: If informal dispute resolution does not resolve the Dispute, any Dispute shall be finally resolved by individual arbitration. The arbitration will be conducted in Delaware, USA, except that a User residing in the US may elect to have the arbitration conducted at a location of AriesLift's choice no more than 160 kilometers from the User's residence. The individual arbitration must be before a single arbitrator conducted in English under the Commercial Arbitration Rules of the American Arbitration Association ("AAA").

Individual Arbitration: Any arbitration under these Terms will be between an individual User and AriesLift. To the fullest extent permitted by applicable law, and except as expressly provided in the paragraph below, you and AriesLift expressly waive any entitlement to resolve disputes in court or on a class, collective, or representative basis.

Batch Arbitration: Notwithstanding the aforementioned, if twenty-five (25) or more similar Disputes are asserted against AriesLift by or on behalf of similarly situated Users, these Disputes shall be resolved in batches of one hundred (100) cases per batch (plus any remainder), with each batch being a single consolidated arbitration proceeding. The batches shall proceed in the order in which the Disputes were filed, with the first batch proceeding first. While one batch is being resolved, the AAA shall hold any other batches in abeyance unless otherwise agreed by the parties or ordered by the arbitrator. Each batch shall be assigned to a single arbitrator. If the parties cannot agree on an arbitrator for a batch within thirty (30) days, the AAA shall appoint the arbitrator.

Arbitrator Selection: For individual arbitrations, you and AriesLift shall appoint as sole arbitrator a person mutually agreed by you and AriesLift or, if you and AriesLift cannot agree within thirty (30) days of either party's request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party.

Cost Allocation: The parties shall bear equally the cost of the arbitration except:

• to the extent prohibited by applicable law;
• if the arbitrator determines that costs unique to arbitration (filing, administration, and arbitrator's fees) would preclude a User from asserting a claim in arbitration, the arbitrator may require AriesLift to pay a greater share of such costs unique to arbitration; and
• the prevailing party shall, to the extent permitted or required by applicable law, be entitled to an award of reasonable attorneys' fees and costs incurred in connection with the arbitration in such an amount as may be determined by the arbitrator.

Batch Arbitration Costs: For batch arbitrations, AriesLift shall pay all arbitrator and administrative fees for the batch proceeding. Each party shall bear its own attorneys' fees and costs, except as otherwise provided by applicable law or determined by the arbitrator.

Enforceability: All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Application may be made to any court for judicial acceptance of the award or order of enforcement.

Equitable Relief: Notwithstanding the foregoing, AriesLift shall be entitled to seek temporary injunctive relief, security, or other equitable remedies from the United States District Court for the District of Delaware or any other court of competent jurisdiction.

Survival: This dispute resolution clause shall survive termination of these Terms and your relationship with AriesLift.

26.Governing Law

These Terms shall be governed by the laws of the State of Delaware, USA, excluding the United Nations Convention on Contracts for the International Sale of Goods; the 1974 Convention on the Limitation Period in the International Sale of Goods; and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980; provided, however, that to the fullest extent permissible under law the Federal Arbitration Act (9 U.S.C.§ 1 et seq.) shall govern Section 25 of these Terms (entitled Dispute Resolution).

27.Non-Solicitation

Without limitation, the Services may not be used to solicit for any other business, website, or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through AriesLift without express written permission from AriesLift.

You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without AriesLift's express prior written consent.

28.Headings

The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.

29.Entire Agreement. Severability

These Terms, together with any amendments and any additional agreements you may enter into with AriesLift in connection with the Services, shall constitute the entire agreement between you and AriesLift concerning the Services. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

30.Contacts

For additional information and in case you have any questions about these Terms, please contact arieslift-support@ariesview.com.