Terms of Service Agreement

This Total HealthWorks Terms of Service Agreement (“Agreement”) is between you and Active Therapy Systems LLC [DBA: Total HealthWorks Online (for the purposes hereof, “Total HealthWorks,” “we” or “us”)]. The Agreement governs your use of the “Total HealthWorks Service,” an online platform that allows consumers like you to view video and other telecommunication programs (“Programs”) from content creators and licensors (“Providers”) through Provider-branded applications that we power.

  1. Acceptance

By creating an account, viewing videos, making a purchase, participating in a class or training session, downloading applications that we power, or otherwise visiting or using the Total HealthWorks, you accept this Agreement and consent to contract with us electronically.

If you are an entity other than a natural person, the person who registers the account or otherwise uses the Total HealthWorks Service must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.

We may update this Agreement by posting a revised version on our website. By continuing to use the Total HealthWorks Service, you accept any revised Agreement.

You may terminate the Agreement at any time by deleting your account. We reserve the right to suspend or terminate your account for your breach of the terms hereof. If Total HealthWorks deletes your account for breach, you may not re-register. In the event of any termination or expiration of the Agreement, the following sections will survive: Section 7 (Disclaimers), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Arbitration Agreement; Jury Waiver; Class Action Waiver), and Section 11 (General Provisions).

  1. Accounts

Registration: You must create an account to use certain features we offer (e.g., to participate in a Program). To do so, you must provide an email address. By creating an account, you agree to receive notices from Total HealthWorks and the Providers of the Programs you purchase at this email address.

Age Requirements: You may not create an account if you are younger than 16 years of age. By creating an account, you represent that you are at least 16 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the Total HealthWorks Service.

Parents and Guardians: By granting your child permission to use the Total HealthWorks Service through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

  1. Privacy

By creating an account, you agree that the Provider of the Program(s) you purchase will have access to your account information and account activities, such as the viewing and purchase of the Provider’s Programs, and your contact information. Total HealthWorks is not responsible for a Provider’s use or disclosure of your data.

  1. Program Participation and Purchase Options

We offer the following purchase options through Provider applications:

  • Subscription: For a recurring fee, you may stream and/or participate in the Programs offered within a subscription for an unlimited number of times during your subscription period. We may add or remove Programs from the channel at any time.
  • One on One Training Purchase: After paying the stated fee, you may participate in the One-on-One Training Session at a specifically arranged time.
  • Free Offers: After signing up for a free program, you may view and/or participate in the free Program(s) an unlimited number of times during the stated period.

To make a purchase, you must provide a valid payment method. We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. If a Provider provides you access to a Program on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.

ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.

Free trials and Discounts: Providers may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If a Provider provides a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.

Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If a Purchaser offers a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period. 

How to Decline Renewal: To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period. You may also email support@totalhealthworks.com to request changes to your account.

  1. Licenses and Intellectual Property

License to Programs: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes: (i) Programs that you have rented during the stated rental period; (ii) Programs that you have purchased; and (iii) Programs made available within a channel that you have subscribed to during your subscription period.

Restrictions: You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program. All rights not expressly granted herein are reserved by the applicable Provider.

Total HealthWorks Service: Subject to the terms hereof, Total HealthWorks grants you permission to use the Total HealthWorks Service for the sole purpose of viewing and/or participating in Program. All rights not expressly granted by Total HealthWorks are reserved.

Your Content; Feedback: To the extent that you submit any content to Total HealthWorks (i.e. in your profile, recorded class, a comment, or forum), you grant Total HealthWorks an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. Any content submitted must comply with the Acceptable Use Policy set forth in Section 6. If you make suggestions to Total HealthWorks on improving our products or services, Total HealthWorks may use your suggestions without any compensation to you.

  1. Acceptable Use Policy

We may allow you to upload, submit, or publish (collectively, to “submit“) content such as images and text (collectively, “content“). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 6. Total HealthWorks may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Total HealthWorks may take all appropriate actions to enforce this Acceptable Use Policy including removing specific videos or suspending or removing your account.

6.1 Copyright Policy

You may only upload content that you have the right to upload and share. Copyright owners may send Total HealthWorks a takedown notice if they believe Total HealthWorks is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.

6.2 Content Restrictions

You may not submit any content that:

  • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
  • Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
  • Promotes or supports terror or hate groups;
  • Exploits minors;
  • Depicts unlawful acts or extreme violence;
  • Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
  • Depicts animal cruelty or extreme violence towards animals;
  • Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
  • Makes false or misleading claims about vaccination safety;
  • Claims that mass tragedies are hoaxes or false flag operations;
  • Depicts or encourages self-harm; or
  • Violates any applicable law.

6.3 Code of Conduct

In using the Total HealthWorks Service, you may not:

  • Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
  • Act in a deceptive manner or impersonate any person or organization;
  • Harass or stalk any person;
  • Harm or exploit minors;
  • Distribute “spam” in any form or use misleading metadata;
  • Collect personal information about others;
  • Access another’s account without permission;
  • Engage in any unlawful activity; or
  • Cause or encourage others to do any of the above.

6.4 Prohibited Technical Measures

You will not:

  • Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the Total HealthWorks Service; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
  • Submit any malicious program, script, or code;
  • Submit an unreasonable number of requests to our servers; or
  • Take any other actions to manipulate, interfere with, or damage the Total HealthWorks Service.

6.5 Restricted Users

You may not create an account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.

  1. Disclaimers

YOUR USE OF THE TOTAL HEALTHWORKS SERVICE AND ANY PROGRAM IS AT YOUR OWN RISK. TOTAL HEALTHWORKS PROVIDES THE TOTAL HEALTHWORKS SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PROVIDERS PROVIDE PROGRAMS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TOTAL HEALTHWORKS AND EACH PROVIDER DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the above, Total HealthWorks makes no representations or warranties concerning:

  • The availability of the Total HealthWorks Service in a particular jurisdiction.
  • The availability of the Total HealthWorks Service for any particular device, operating system, or browser.
  • The continued support for a particular feature of the Total HealthWorks Service.
  • The viewing quality of any Program. Total HealthWorks does not guarantee that you will be able to use the Total HealthWorks Service at all times, or view any Program uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.
  • The content of any Program or the suitability of any Program for any audience. All opinions and statements expressed by or in Programs (or related materials) are those of the Provider and/or persons involved in the production of the Program, not Total HealthWorks.
  • The continued availability of any Program or the availability of particular Program within a subscription channel. Programs may be withdrawn at any time without notice.
  • Any Provider’s actions or omissions with respect to your personal information.

Providers may provide links to other Provider websites or third-party websites. Total HealthWorks is not responsible for the content of, or any interactions or transactions that may take place on or through, any such website.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOTAL HEALTHWORKS, ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS (INCLUDING PROVIDERS) SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND A PROVIDER OR OTHER TOTAL HEALTHWORKS USER; OR (III) DAMAGES EXCEEDING THE GREATER OF USD $100 OR THE AMOUNTS PAID BY YOU TO TOTAL HEALTHWORKS OVER THE 12 MONTHS PRECEDING THE FILING OF YOUR CLAIM. 

The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Total HealthWorks (or a Provider) has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.

  1. Indemnification

You shall indemnify, defend, and hold harmless Total HealthWorks and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including Providers) from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from: (i) your unauthorized use of any Program; (ii) your breach of this Agreement or violation of any law or third-party right; or (iii) any content that you upload or submit to us.

  1. General Provisions

Choice of Law: Any disputes relating to this Agreement or your use of the Total HealthWorks Service will be governed by the laws of Kentucky and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

Choice of Venue for Litigation; Jury Trial Waiver: Any litigation (except for small-claims court actions) shall be commenced only in the federal or state courts located in Jessamine County, Kentucky. You hereby irrevocably consent to the exclusive jurisdiction of those courts for such purposes and, to the extent permitted by law, both Total HealthWorks and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.

No Waiver: The failure of Total HealthWorks (or any Provider) to exercise or enforce any term of this Agreement will not constitute a waiver of such term.

Provisions Severable: If any term of this Agreement is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.

No Third Parties: No third parties shall have any rights under this Agreement, except that Providers may enforce the terms herein against you, and indemnified parties may enforce indemnification rights.

Force Majeure: Neither Total HealthWorks nor any Provider shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.

U.S. Export Compliance: You may not use the Total HealthWorks Service if (i) you are personally subject to U.S. government sanctions or (ii) you are located in a country that is subject to U.S. Government sanctions such that your use of the Total HealthWorks Service would violate U.S. law. You represent and warrant that you are not subject to such sanctions.

Entire Agreement: This Agreement sets forth the entire understanding between you and Total HealthWorks concerning your use of the Total HealthWorks Service and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes will be posted to the Total HealthWorks website and will apply prospectively.

Contact Us: If you have any support questions, please contact us at support@totalhealthworks.com. You must send any notices of a legal nature to us at:

Total HealthWorks

Attention: Legal Department

131 N 4th St, Bldg A
Nicholasville KY 40356

Wellness made easy.

Get Started Today