TRAIN SMARTER AND HARDER, INC.
WEBSITE TERMS AND CONDITIONS
Version: 2.0
Effective Date: [November 12th, 2024]
Last Updated: [July 14th, 2026]
1. Acceptance of These Terms
Welcome to the Train Smarter and Harder, Inc. website ("Website"), located at https://trainsmarterandharder.com.
These Website Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Train Smarter and Harder, Inc. ("Company," "we," "our," or "us").
By accessing, browsing, or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms, you should discontinue use of the Website.
These Terms apply to all visitors, prospective clients, current clients, parents and guardians of minor participants, vendors, contractors, and any other users of the Website.
2. About Train Smarter and Harder, Inc.
Train Smarter and Harder, Inc. is a California corporation providing fitness, strength and conditioning, sports performance, wellness education, coaching, and related services.
Our Website may include information regarding:
Adult strength training
Personal training
Small group training
Youth sports performance
Athletic development
Nutrition education
Recovery strategies
Blog articles
Videos
Educational resources
Downloadable materials
Events
Future online courses
Future digital coaching services
Future books, certifications, and educational products
Unless expressly stated otherwise, all content is provided for informational and educational purposes.
3. Eligibility
You must be at least 18 years of age to enter into a binding agreement through this Website.
Individuals under 18 may participate in our coaching services only with the involvement and authorization of a parent or legal guardian, where applicable.
By using the Website, you represent that:
You have the legal capacity to enter into these Terms.
The information you provide is accurate and complete.
You will comply with all applicable laws and regulations.
4. Permitted Use of the Website
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for lawful personal and informational purposes.
You agree to use the Website responsibly and in a manner consistent with these Terms.
You may:
View Website content.
Read articles and educational materials.
Submit inquiries.
Request consultations.
Register for available programs or events.
Download materials where expressly permitted.
This limited license does not transfer ownership of any intellectual property.
5. Prohibited Uses
You agree not to:
Violate any applicable law or regulation.
Attempt unauthorized access to our Website, servers, accounts, or systems.
Introduce viruses, malware, ransomware, or other harmful code.
Interfere with Website functionality or security.
Attempt to disrupt the experience of other users.
Misrepresent your identity or impersonate another person.
Submit false information.
Use automated scripts, bots, crawlers, or scraping tools without our written permission.
Copy, reproduce, republish, distribute, modify, sell, license, or exploit Website content except as expressly permitted.
Remove copyright notices or proprietary markings.
Use our Website in any way that could damage our reputation or interfere with our business operations.
We reserve the right to suspend or restrict access to users who violate these Terms.
6. Intellectual Property
Unless otherwise stated, all content available through this Website is owned by or licensed to Train Smarter and Harder, Inc. and is protected by United States and international intellectual property laws.
Protected content includes, without limitation:
The Train Smarter and Harder name
Logos
Branding
Website design
Graphics
Photographs
Videos
Exercise demonstrations
Training methodologies
Programming systems
Coaching frameworks
Articles
Blog posts
Downloadable guides
Workbooks
PDFs
Educational materials
Original written content
Audio recordings
Future books
Future online courses
Future certifications
Future digital products
Software, databases, and compilations developed by the Company
Except as expressly authorized in writing, no content may be copied, reproduced, distributed, displayed, transmitted, adapted, translated, sold, licensed, or used to create derivative works.
7. Copyright Policy
All original content published by Train Smarter and Harder, Inc. is protected by copyright law.
You may print or download limited portions of Website content solely for your own personal, non-commercial use, provided you do not remove any copyright or proprietary notices.
Any other use—including reproduction, republication, commercial use, distribution, or public display—requires our prior written permission.
If you believe that content appearing on our Website infringes your copyright, please contact us with sufficient information for us to investigate the claim.
8. Trademarks
"Train Smarter and Harder," our logos, slogans, branding elements, and any related marks displayed on the Website are trademarks or service marks owned by or licensed to Train Smarter and Harder, Inc.
Nothing in these Terms grants you any right to use our trademarks without our prior written consent.
Unauthorized use of our trademarks may violate trademark and unfair competition laws.
9. User-Submitted Content
From time to time, you may voluntarily submit information through contact forms, testimonials, reviews, surveys, event registrations, or other communications.
By submitting content, you represent that:
You own or have the necessary rights to the content.
Your submission does not violate the rights of any third party.
The information is truthful to the best of your knowledge.
Unless otherwise agreed in writing, you grant Train Smarter and Harder, Inc. a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute your submission for business purposes, including customer service, program administration, and, where separately authorized (such as through a media release), marketing.
We reserve the right—but not the obligation—to review, remove, or decline to publish submissions that are unlawful, offensive, misleading, or otherwise inconsistent with these Terms.
10. Educational Purpose Only
The content available on this Website is provided solely for general educational and informational purposes.
Although Train Smarter and Harder, Inc. strives to provide accurate, current, and practical information, the content on this Website should not be interpreted as professional medical, legal, financial, nutritional, psychological, or other professional advice.
Your use of the information contained on this Website is voluntary and at your own discretion.
11. No Medical Advice
Train Smarter and Harder, Inc. is not a medical provider.
Nothing contained on this Website should be interpreted as:
Medical advice
Diagnosis
Treatment
Rehabilitation
Prescription
Medical clearance
Healthcare services
Always seek the advice of your physician or another qualified healthcare provider regarding any medical condition before beginning any exercise program.
Never disregard professional medical advice because of information found on this Website.
12. Fitness & Exercise Warning
Participation in exercise, strength training, sports performance training, conditioning, mobility work, flexibility exercises, or other physical activities involves inherent risks.
These risks may include, but are not limited to:
Muscle soreness
Muscle strains
Sprains
Joint injuries
Falls
Equipment-related injuries
Cardiovascular events
Illness
Permanent disability
Death
By choosing to participate in any activities discussed or demonstrated on this Website, you acknowledge these inherent risks.
You assume full responsibility for your participation.
13. Individual Results May Vary
Every individual responds differently to training, nutrition, coaching, and exercise.
Accordingly, Train Smarter and Harder, Inc. makes no guarantees regarding:
Athletic performance
Strength gains
Weight loss
Muscle gain
Injury prevention
Recovery
Health improvements
Body composition
Competition results
Personal records
Any other outcome
Testimonials appearing on this Website represent individual experiences and should not be interpreted as guarantees that other individuals will achieve similar results.
14. Assumption of Risk
By using this Website and participating in any activities described or promoted through the Website, you voluntarily assume all risks associated with physical activity.
You understand that participation in physical exercise is voluntary.
You accept full responsibility for evaluating whether any exercise, activity, or recommendation is appropriate for your individual circumstances.
15. Personal Responsibility
You acknowledge that you are solely responsible for:
Consulting your healthcare provider when appropriate.
Following medical advice.
Determining whether an exercise program is appropriate.
Monitoring your own physical condition.
Stopping exercise if you experience pain, dizziness, chest discomfort, or other concerning symptoms.
Seeking immediate medical attention when necessary.
Train Smarter and Harder, Inc. cannot monitor your individual health circumstances through the Website.
16. Online Coaching & Digital Services
Train Smarter and Harder, Inc. may now or in the future offer services including:
Virtual coaching
Online consultations
Video coaching
Digital exercise programming
Mobile coaching applications
Educational memberships
Online courses
Certifications
Downloadable resources
Webinars
Recorded educational content
Additional terms may apply to specific services.
Nothing contained within these Terms obligates the Company to provide any future products or services.
17. Purchases & Payment Terms
From time to time, products or services may be available for purchase through the Website or through third-party service providers.
These may include:
Coaching services
Memberships
Seminars
Events
Educational materials
Books
Apparel
Digital downloads
Courses
Gift cards
Other products or services
Payments may be processed by trusted third-party payment providers.
You agree to provide accurate payment information and authorize all charges associated with purchases you initiate.
18. Refund Policy
Unless otherwise required by law or expressly stated in writing, all purchases are subject to the refund policy applicable to the specific product or service purchased.
Certain products or services—including digital downloads, educational materials, online courses, event registrations, or other immediately accessible content—may be non-refundable.
Memberships, coaching programs, and recurring services may be subject to separate membership or service agreements.
If a conflict exists between these Website Terms and a separately executed membership agreement, coaching agreement, or purchase agreement, the terms of that specific agreement will control.
19. Third-Party Websites & Services
Our Website may contain links to third-party websites, applications, scheduling services, payment processors, or social media platforms for your convenience.
Examples may include:
PushPress
Stripe
Square
Calendly
QuickCoach
Google
YouTube
Instagram
Facebook
We do not own or control these third-party services and are not responsible for their content, availability, security, privacy practices, or business operations.
Your use of third-party websites is governed by their respective terms and privacy policies.
20. Artificial Intelligence & Automated Technologies
Train Smarter and Harder, Inc. may use artificial intelligence ("AI"), automation, or similar technologies to assist in developing educational content, customer communications, administrative processes, or other business operations.
Any information generated or assisted by AI is reviewed by Train Smarter and Harder, Inc. before publication or distribution whenever reasonably practicable.
AI-generated content is intended for educational and informational purposes only and is not a substitute for individualized medical, legal, financial, or other professional advice.
21. User Accounts
Certain portions of our services may require the creation of an account through Train Smarter and Harder, Inc. or one of our authorized service providers.
You agree to:
Provide accurate information.
Keep your login credentials confidential.
Notify us promptly of any unauthorized use of your account.
Accept responsibility for activities occurring under your account, except where prohibited by law.
We reserve the right to suspend or terminate accounts that violate these Terms or applicable law.
22. Suspension or Termination of Website Access
We reserve the right, in our sole discretion and without prior notice where permitted by law, to suspend, restrict, or terminate access to the Website for any user who:
Violates these Terms.
Misuses the Website.
Engages in unlawful activity.
Attempts to interfere with Website operations.
Infringes the intellectual property rights of Train Smarter and Harder, Inc. or others.
Creates security risks for the Website or our users.
Termination of Website access does not affect any rights or obligations that accrued before the termination.
23. Limitation of Liability
To the fullest extent permitted by applicable law, Train Smarter and Harder, Inc., its owners, officers, directors, employees, contractors, coaches, agents, affiliates, licensors, and service providers shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to your access to or use of the Website or its content.
This includes, without limitation, damages related to:
Personal injury
Property damage
Loss of profits
Loss of business opportunities
Loss of goodwill
Loss of data
Business interruption
Computer or system failures
Viruses or other malicious code
Reliance on information presented on the Website
To the fullest extent permitted by law, our total liability for claims arising from your use of the Website shall not exceed the greater of (a) the amount you paid directly to Train Smarter and Harder, Inc. through the Website during the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100.00), unless applicable law requires otherwise.
Nothing in these Terms limits liability where such limitation is prohibited by law.
24. Indemnification
You agree to defend, indemnify, and hold harmless Train Smarter and Harder, Inc., together with its officers, directors, employees, contractors, coaches, affiliates, licensors, and service providers, from and against any claims, demands, liabilities, damages, judgments, losses, costs, and reasonable attorneys' fees arising out of or relating to:
Your use of the Website.
Your violation of these Terms.
Your violation of applicable law.
Your infringement of another person's rights.
Content or information you submit through the Website.
Your negligent or intentional misconduct.
This obligation survives termination of your use of the Website.
25. Force Majeure
Train Smarter and Harder, Inc. shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to:
Natural disasters
Fire
Flood
Earthquake
Severe weather
Pandemic or public health emergency
War
Terrorism
Civil unrest
Government action
Labor disputes
Utility failures
Internet outages
Cybersecurity incidents
Failures of third-party service providers
26. Electronic Communications
By communicating with us electronically—including through our Website, email, SMS (where you have consented), or online forms—you agree that we may provide certain communications electronically, to the extent permitted by law.
Electronic communications satisfy any legal requirement that communications be in writing.
27. Governing Law
These Terms and any dispute arising from or relating to the Website shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
28. Venue and Dispute Resolution
Before filing a lawsuit, we encourage users to contact us so we can attempt to resolve concerns informally.
Unless otherwise required by applicable law or agreed to in writing, any legal action arising out of or relating to these Terms shall be brought in the state or federal courts located in Contra Costa County, California, or another court of competent jurisdiction serving that county.
Nothing in this section prevents either party from seeking temporary or preliminary injunctive relief where necessary to protect intellectual property, confidential information, or other legal rights.
Note: If you decide in the future that you want disputes handled through arbitration instead of court, this section should be revised with the assistance of legal counsel. Arbitration provisions must be drafted carefully to maximize enforceability.
29. Severability
If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
30. No Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other rights under these Terms.
Any waiver must be in writing and signed by an authorized representative of Train Smarter and Harder, Inc.
31. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
Train Smarter and Harder, Inc. may assign or transfer these Terms in connection with a merger, acquisition, sale of assets, corporate reorganization, or other business transaction.
32. Entire Agreement
These Terms, together with our Privacy Policy, Cookie Policy, Website Disclaimer, California Privacy Notice, Accessibility Statement, and any additional terms applicable to specific products or services, constitute the entire agreement between you and Train Smarter and Harder, Inc. regarding your use of the Website.
If you enter into a separate written membership agreement, coaching agreement, event registration agreement, or other contract with us, the terms of that separate agreement will govern to the extent of any direct conflict.
33. Changes to These Terms
We may update these Terms from time to time to reflect changes in our business, services, technology, or applicable law.
When material changes are made, we will update the "Last Updated" date at the beginning of these Terms.
Your continued use of the Website after revised Terms become effective constitutes your acceptance of the updated Terms.
34. Contact Information
If you have questions regarding these Terms and Conditions, please contact us:
Train Smarter and Harder, Inc.
3341 Walnut Blvd., Suite 320Brentwood, CA 94513
Website:https://trainsmarterandharder.com
Email: hello@trainsmarterandharder.com
Phone: (925) 306-0888
© 2026 Train Smarter and Harder, Inc. All Rights Reserved.
Appendix A – Definitions
For purposes of these Terms:
"Company" means Train Smarter and Harder, Inc.
"Website" means https://trainsmarterandharder.com and any related webpages owned or operated by the Company.
"User" means any person who visits, accesses, or uses the Website.
"Content" includes text, graphics, logos, images, videos, audio, articles, downloadable materials, software, educational resources, and other information made available through the Website.
"Services" means the coaching, training, educational, wellness, and related services offered by Train Smarter and Harder, Inc.