WEBSITE TERMS OF USE

The following Terms of Use (“Terms”) constitute an agreement between Stay Fit Mom LLC (“Company”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company (“Website”), located at https://stayfitmom.com/. In the Terms, we may refer to the written, audio, photographic, and video content on the Website, including any content published by the Company in newsletters or available through paid products or free resources, as the “Company Content.”

By using this Website or the Company Content, you accept and agree to be bound and abide by these Terms.

CHANGES TO THESE TERMS

Company reserves the right to modify, alter, amend or update its Website, the Company Content, its policies, and these Terms. These Terms are subject to change without notice. All changes are effective immediately upon posting. If you do not agree with or do not accept any part of these Terms, you must not use the Website or interact with the Company Content.

Your continued use of the Website or Company Content following any changes to the Terms means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you.

ADDITIONAL POLICIES INCORPORATE INTO THESE TERMS

Any additional policies or terms adopted by Company may be incorporated into these terms by reference. This includes:

• Privacy Policy, located at https://stayfitmom.com/contact-us/privacy-policy/, which defines Company’s practices related to consumer privacy and data usage.
• Disclaimer, located at INSERT URL, which reviews Company’s liability for aspects of the Company Content

PERMITTED USERS

This Website is meant for users over 18 years or older. By using this Website, you represent and warrant that you meet this eligibility requirement. If you do not meet this requirement, you must not access or use the Website or Company Content.

PURCHASE POLICIES

The following policies (“Purchase Policies”) will apply to all purchases you make on the Website.

BY PURCHASING PRODUCT(S) FROM THE WEBSITE, YOU AFFIRM THAT YOU: A) ARE OF LEGAL AGE TO MAKE THE PURCHASE; B) THAT YOU MEET ANY AND ALL ELIGIBILITY REQUIREMENTS OUTLINED IN THESE PURCHASE POLICIES; AND, C) YOU AGREE TO COMPANY’S PURCHASE POLICIES AND THE TERMS OF USE.

Order Acceptance and Cancellation

By placing an order to purchase Products on the Website, your order is considered an offer to buy, under the terms set forth in these Purchase Policies, the products and/or services listed in your order. Company may review your order and determine whether or not to accept it; however, Company is not obligated to accept any order.

Company reserves the right, but is not obligated to, limit the sale of Products to any person, geographic region, or jurisdiction. Company may exercise this right on a case-by-case basis. Company may exercise its right to reject your order, even if you have received confirmation of the purchase. In such circumstances, you will be refunded for any payments made at the time you submitted your order.

Company reserves the right to limit quantities of Products available for purchase, even if such Products are available digitally.

Purchaser Eligibility

The Products are available to individuals over the age of 18.

All Products are available to those seeking individual support for themselves or their business. The Products are not available for the following uses:

• Those seeking to use the Products as the basis for a paid product or service or any other use that is contrary to these Purchase Policies and the license granted herein.
• Individuals seeking training on Company’s methodologies so that they may incorporate Company’s methodologies, in whole or in part, into their own products or services.

 If Company becomes aware that you have submitted an order to purchase the Products in violation of these eligibility requirements, Company will immediately reject your order. Company reserves all rights to defend its intellectual property and may follow with a cease and desist if there is any evidence of inappropriate usage of the Products.

Prices

All prices listed on the Website are subject to change without notice. The price you will be charged will be the price in effect at the time you submit your order. Any applicable sales tax or other charges will be added to your total before the purchase is completed.

Company strives to ensure that all information displayed on the Website related to the Products is accurate, including pricing, availability, and product descriptions. In the event that Company discovers an error in any Product information, including pricing, Company reserves the right to make corrections to an inaccuracies or incorrect information. Company reserves the right to cancel orders for Products that contained errors.

Payments

Unless otherwise stated, payments are due and will be collected at the time you place your order. Company will collect all payments through the Website, which are processed through Company’s payment processor. All acceptable methods of payment will be listed at the time of purchase.

By purchasing any Product(s), you agree to pay the total amount due and authorize Company, through its payment processor, to charge your payment method under the payment method you choose for the amount listed. By entering the payment information, you represent a) that all payment information is true and accurate, b) that you are authorized to use the payment method, and, c) all charges you incur will be honored by your payment method.

Automatic Payments

If you enroll in a Product that is paid through automatic payments, you agree that you will be responsible for making all payments due on the schedule indicated. You are solely responsible for ensuring that your payment method is up-to-date and error-free. If Company is unable to collect a payment when it is due, you will be notified and responsible for immediately updating your payment method so that the payment may be collected.

Buy Now, Pay Later Payments

Occasionally, Company may offer the option for you to utilize a “Buy Now Pay Later” feature, such as ShopPay or Klarna. This means that you will be able to utilize a payment plan that is managed by a third-party processor. Typically, you will make equal installments, with the first being due at checkout.

Company will consider a “Buy Now Pay Later” payment to be paid in full, but you will be responsible for making payments through the third-party processor. This processor will have separate terms and conditions related to your payment. Such services may also be a form of credit, and you are solely responsible for investigating whether such tools are the right choice for you.

Refunds

The refund policies on the Product(s) are listed below. You agree that you have received and carefully reviewed the refund policy prior to making any purchase on the Website.

If you live in a jurisdiction that has rules regarding refunds that conflict with these Purchase Policies, Company will honor the rules of the jurisdiction, if applicable to the type of purchase you have made.

You agree that you have reviewed the applicable refund policies and will not file any disputes or request chargebacks through your credit card issuer. If you do, this refund policy will be provided to demonstrate your awareness of the policy in Company’s defense against the request.

Discounts

Occasionally, Company may offer discounts on its Products. Such discounts are offered in Company’s sole discretion. Company reserves the right to limit discounts to particular time periods or particular Products. Discounts may be available for a limited time. After the expiration of a discount offer, Company will not honor the past discount.

Company will not offer refunds for failure to apply a discount at the time of purchase. Additionally, Company does not offer price adjustments for discounts offered after the time of purchase.

Bonuses

Occasionally, Company will offer bonuses with a purchase. These bonuses will only be available in accordance with the offer made by Company. If the bonus is not available at the time of purchase, it will not be available for later request or redemption to past or future purchasers.

Account Creation

To access the Product(s), you may be required to create an account on Company’s Website OR technological platform. You are responsible for ensuring that your login information remains private. If Company suspects that your login credentials have been shared with a third party or compromised, Company reserves the right to revoke your access to the Product(s).

Group Calls

As part of certain Products, Company may periodically host calls or videoconferences to which you will be invited to attend. If you attend these calls, you agree to follow any Community rules (as described below). Company reserves the right to record and make these recordings available in its sole discretion. If you participate, you are granting Company the right to record the call which may include your likeness, name, and any content you contribute during the recording. You understand that you will not be permitted to request a removal of this content after the group call is completed.

License to Use the Products

Company is the creator and owner of the Products, subject to any licensed materials which authorize Company to utilize certain content within the Products. Company reserves all rights in the Products. Unauthorized use of any of Company’s intellectual property will be considered infringement and Company reserves all rights and remedies.

By purchasing the Products, Company is granting you, the purchaser, a revocable limited license for your personal use of the Product(s). Commercial use of the Products is strictly prohibited. You may not share, distribute, display, perform, resell, republish, or create derivative works based upon the Products.

For clarification, this means that you, the purchaser, are permitted to use the Products that you purchase; however, you may not share the Products with any third party. Additionally, you may not reproduce or resell the information to third parties.

Usage of the Products for commercial purposes, such as reselling, is strictly prohibited.

Artificial Intelligence

Unless Company has expressly provided its authorization, you are strictly prohibited from entering information from the Products into any type of generative artificial intelligence tool if it will be used in the training, development, or operating of any machine learning systems. If you are not sure what the AI tool does in this regard, please check its terms. If you are unsure, you should refrain from entering the information into the tool.

Physical Product Purchases

On the Website, you may order physical products, such as merchandise. Your order will be shipped to the address that you provide to us. 

If you order a physical product and it is damaged, please contact our customer service department to discuss replacement options. If you do not receive your item due to an error with the address, we are not responsible for issuing a replacement.

Cookbook Purchases

On the Website, you may purchase cookbooks, which are available as either digital or physical copies. All digital cookbooks are nonrefundable. If you order a physical cookbook and it is damaged, please contact our customer service department to discuss replacement options. If you do not receive your cookbook due to an error with the address, we are not responsible for issuing a replacement. You may, however, purchase a replacement at a discounted rate, if you choose. 

Meal Plan Purchases

On the Website, you may purchase single meal plans or you may enroll in the Meal Plan subscription. All meal plans will be sent to the email on file. You will receive a link to download a PDF of the document. 

If you enroll in the monthly meal plan subscription, you will be automatically billed each month for your subscription. To cancel, visit your account here at  https://stay-fit-mom.myshopify.com/account/login. 

Refunds are not available on Meal Plan Purchases. 

Macro Coaching Enrollment

On the Website, you may enroll in a program of Online Macro Coaching. All deliverables will be based on the level of your purchase and will be listed on the Website at the time of your purchase. 

Upon purchase, your spot in the upcoming session will be reserved. All sessions start on the first of the upcoming month, with the exception of December. 

If you choose to cancel before starting, there is a $15 cancellation fee. Your coaching session becomes nonrefundable once you’ve received your starting macro count and info from your coach. If you need to postpone your purchased session for any reason, please reach out via email. 

If you enroll in coaching that comes with private weekly coaching, you are solely responsible for scheduling your sessions. Unused sessions expire 6 months from the date of purchase.

As part of Macro Coaching, you will receive access to our Community. Please review the rules below regarding the Community. 

Please review our Waiver and Assumption of Risk, which are outlined below.

Ninja Insider Enrollment

If you have completed Macro Coaching, you are eligible to enroll in the Ninja Insider Membership (“Membership”). The following terms apply specifically to your purchase of enrollment in the Membership.

Purchasing Enrollment in the Membership

To purchase the Membership, you will complete the purchase, which includes payment of a minimum of the initial time commitment. You will be billed in accordance with the program duration you selected for the Membership. 

You agree to keep your billing information updated. If we are unable to charge your billing method, you will be removed from the Membership until the information has been updated.

You are expressly agreeing to our Waiver and Assumption of Risk, which are outlined below, when you enroll in the Membership.

You must have an active Facebook account to utilize the Membership.

Individual Membership

Please note that purchase of the Membership is for one individual. Sharing logins is strictly prohibited.

Automatic Renewal

Your enrollment in the Membership will automatically renew at the conclusion of your initial time commitment for another term of the same amount of time (e.g., monthly or quarterly). You agree that Company may submit periodic charges (e.g., every month or quarter, depending on your Membership subscription level) to your chosen payment method without further authorization from you until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Company reasonably could act. By purchasing enrollment in the Membership, you agree and acknowledge that your subscription has an initial and recurring payment charge at the subscription rate, and you accept responsibility for all recurring charges prior to cancellation. Your enrollment in the Membership will be automatically renewed for successive periods and your payment method will automatically be charged for each successive period at the then-current subscription rate until you cancel your Membership. You understand that failure to cancel according to the cancellation policies below will result in the nonrefundable renewal of your subscription.

Price Changes

Company reserves the right to update the prices of the Membership at any time. Company will provide you with 60 days’ email notice of any changes. If you elect to continue in the Membership after the date of the increase, you agree to the updated pricing.

Cancellation of Membership

Membership may be cancelled at any time; however, no refunds will be authorized after fees have been charged. To avoid incurring additional fees, you must cancel the Membership prior to the next billing date. To cancel, you may login to your Membership account and follow the cancellation procedures there. You should allow 2 business days for processing the cancellation. 

Upon cancellation, your access to the Membership will end at the end of the period for which you have previously paid.

Refunds on Membership Fees

No refunds are available for amounts already paid. 

Membership may be canceled at any time. Upon cancellation, your member account will be disabled at the expiration of the period for which you have already paid. You may avoid incurring additional fees by cancelling the Membership prior to the billing date.

Termination

Company reserves the right to terminate your access to the Membership at any time for any reason. If the termination is due to a breach of these Purchase Policies, no refund will be due to you. If there is no breach, Company will provide you with a pro rata refund on any fees for the billing period.

Access to Membership Materials

You will receive access to the materials provided in the Membership for as long as you remain a member. After you terminate or cancel your Membership, you will lose access.

Q&A for the Membership

As part of the Membership, Company will occasionally host calls for all members (“Membership Q&A”). Membership Q&A may be recorded and stored for all members to access. By attending the Membership Q&A, you are granting Company the right to record and store the call recordings as described herein, which may include your likeness, name, and any content you contribute during the recording.

Community Access and Rules

Purchasers of certain Products will receive the opportunity to join a community (“Community”) hosted by Company. Currently, Company hosts the Community on Facebook. Failure to join or participate in the Community does not warrant a refund request under any circumstances. If you receive access to Company’s Community, you agree to abide by the following rules.

Company’s sole discretion will be used to determine if you are in violation of these Community rules. Any Community member in violation will be deleted promptly and will no longer be able to access the Community. No refund will be due to you if you have been removed due to a violation of the Community rules.

Third-Party Software

The Community is hosted on third-party software. Presently, the Community is not accessible to other users of that software and should not be readily accessible to the public. If, at any time, the owner of the software changes its policies or experiences a malfunction, and the Community becomes public, you are solely responsible for removing any confidential information from the Community. You expressly agree that Company is not responsible for such a disclosure.

Code of Conduct

All Community participants agree to the following code of conduct:

• All Community members will treat one another, and all representatives of Company, with courtesy and respect.
• The following types of Community contributions will not be tolerated and will be deleted:
  • profanity; 
  • harassment directed toward any Community member or Company;
  • Spam;
  • Bullying; 
  • hate speech; 
  • sexually explicit material; 
  • defamatory statements regarding Company or any third party;
  • references to illegal acts; 
  • contributions that may violate the legal rights of a third party; or
  • Any other content that Company deems is inappropriate.

Community Confidentiality

All members are expected to treat contributions to the Community as confidential. Screenshots, streaming, or any photos/videos disclosing information shared in the Community will be considered a violation and will lead to termination. Company does not, however, police all communications of its Community members and is not responsible for violations of this rule.

Disclaimer regarding Community Communications

There is no guarantee that you will see positive results using the information and materials provided within the Community. No other Community member assumes any responsibility for your decisions or for practices that you implement.

Testimonials

Company reserves the right to take screenshots of content you contribute to the Community for use in Company’s marketing. Company will remove all names or identifying photos prior to posting the content. Company will obtain your authorization prior to posting any content that includes your name, identity, or photos.

If you provide us with a testimonial regarding your experience with the Products, you grant us the right to publish the testimonial for marketing purposes. If you provide it with your testimonial content, this includes the right for us to use your name and likeness.

Downloadable Files

If you purchase any Products that involve the use of downloadable files, you understand that you are downloading files at your risk. Company is not liable for any errors and omissions in these downloadable files. Company is not liable for any technological problems that you may encounter downloading the files.

Product Language

Unless otherwise stated, all products are offered in English. Company is not responsible for offering translations of the Products. Company cannot guarantee that translation tools will accurately translate the content of the Products.

Communication about Products

If you purchase a Product, you will enter your email address at the time of purchase. You agree that we may email you regarding this purchase. You may also be added to our mailing list to receive additional information about our products and services, if you opt in at the time of your purchase.

Assumption of Risk

The nutrition, sleep, exercise, and life habits, tips, advice, planning, and coaching provided by Stay Fit Mom in the Company Content, which includes Tracy Gifford, Krista Pool, and all of their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (“Releasees”) is designed for and solely intended to be suggestions which may voluntary be implemented into the lifestyle and diet of the person whose registers for the program (“the client”). Implementation of any information within the Company Content is completely voluntary and you are solely responsible for your voluntary choice to implement the information in the Company Content. Releasees provide nutrition, exercise, and life habits, tips, advice, planning, and coaching only and are not licensed to diagnose a medical condition or illness. You must consult a physician for any medical advice.

Company recommends you consult your physician before implementing any information provided in the Company Content. By implementing the suggestions provided in the Company Content, you are affirming that you have consulted with a medical doctor and have been cleared to implement the suggestions. The Company Content is not intended to diagnose, treat, cure or prevent any type of disease or condition. If you are pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, have had gastric bypass surgery, or currently have (or have had in the past) any other medical condition that requires special dietary restrictions, it is your responsibility to receive permission from your physician before making any changes to your diet or exercise routines.

You recognize that specific foods may create allergic and possible fatal reactions, including serious injury and death. You are also aware that specific foods may interact with certain medications. It is your sole responsibility to invesgitate whether a particular ingredient may interact with your allergies or medications. 

You acknowledge and agree that no warranties or representations have been made to you regarding the results you will achieve from utilizing the information in the Company Content. You understand that results are individual and may vary. You assume all risks associated with your use of the Company Content. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RISK OF INJURY AND DEATH EXISTS IN SPITE OF ALL REASONABLE PRECAUTIONS THAT YOU MAY TAKE. Your participation is voluntary. 

Waiver

By enrolling in any of our Products, you agree that you have volunteered to participate which will include, but may not be limited to, nutrition, exercise, and life habits, tips, advice, planning, and coaching. You do here and forever release and discharge and hereby hold harmless Company and its representatives from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your participation, including any injuries resulting therefrom, which may include serious injury or death.

YOUR RESPONSIBILITY IN USING THE COMPANY CONTENT

The Company Content was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the Company Content. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Company Content.

USE OF THE WEBSITE

Unless otherwise stated, Company owns the intellectual property and rights to all Company Content and the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms.

Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:

• Republication, redistribution, sale, rental, or sub-licensing of content from the Company Content or Website;
• Reproduction or duplication of any content in the Company Content or on the Website for commercial purposes;
• Modification of any Company Content or information on the Website.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Company.

PROHIBITED USES OF THE WEBSITE

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Company’s express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. You may not use the Website to link third-party content in a way that is unfair or deceptive.

You must not use the Website for any third-party marketing without Company’s express written permission.

ARTIFICIAL INTELLIGENCE

Company does not consent to the use of any portion of this Website, or the Company Content being used in any format, in whole or in part, for the development, training, or operating artificial intelligence or other machine learning systems, unless authorized by Company through a separate agreement. Any unauthorized use of the Company Content or Website in violation of this prohibition will be considered a breach of these Terms and may be a breach of our rights under copyright laws of the United States.

INTELLECTUAL PROPERTY RIGHTS

Copyright

Unless otherwise noted, the design, content, and all components of the Website and Company Content are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

From time to time, the Company Content will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and Company makes no claim of ownership.

Trademarks

Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.

From time to time, the Company Content will legally utilize or reference trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.

Content Contributed to the Website

In limited circumstances, you may contribute content to the Website, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.

Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Company’s rights under the Terms, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

Grant of Rights

You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website or Company Content. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.

In the event that you contribute any comments or suggestions regarding the Website or Company Content to Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

CONTRIBUTION POLICY

The Website may offer the option for you to leave comments or reviews, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:

• harassment directed toward any content creator or Company;
• sexually explicit or pornographic material, violence, or discriminatory materials;
• spam or any other prohibited commercial activities;
• hate speech;
• defamatory statements regarding Company or any third party;
• references to illegal acts;
• any material that may be deceptive;
• contributions that may violate the legal rights of a third party; or,
• any other contribution deemed by Company to be unacceptable.

Company’s sole discretion will be used to determine if a contribution is in violation of this policy. Any contribution in violation will be promptly deleted and no further explanation will be due to you if your contribution was determined to be in violation of this policy.

AFFILIATE MARKETING

From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

CHANGES TO THE COMPANY CONTENT

Company reserves the right to modify any Company Content or the Website at any time; however, Company does not guarantee that the Company Content is complete or up-to-date. The Company Content may be out of date and Company is under no obligation to update any Company Content at any time.

COMMUNICATION

If you send Company an email, register to use the Website, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

MONITORING AND ENFORCEMENT

Company has the right to:

• remove or refuse to post any contribution for any reason, in Company’s sole discretion.
• Take any action, including deletion, with respect to any contribution made to the Website.
• Disclose your identity (if known) or other information regarding your usage of the Website to any third party who claims that any contribution you make to the Website violates their rights, including their intellectual property rights or right to privacy.
• Take appropriate legal action for any illegal or unauthorized use of the Website.

Company does not, however, review all contributions to the Website prior to posting and cannot ensure prompt removal of objectionable contributions. Company assumes no liability for any action or inaction regarding contributions from a third party.

TERMINATION

The Company reserves the right, in its sole discretion, to immediately terminate your access to the Website and Company Content without notice to you.

LINKS FROM THE WEBSITE

Any links on the Website are provided for your convenience only. This includes links in advertisements or sponsored content. Company is not responsible for the content on any pages linked on the Website and accepts no responsibility for your use of such links.

THIRD PARTIES

The Website and Company Content may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party website. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.

NO WARRANTIES

Company does not guarantee that the Product(s) will be error-free. ALL PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS DO NOT LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IF YOU LIVE IN SUCH A JURISDICTION.

The Website is provided on an “as is” and “as available” basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Website or the Company Content.

Company makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website and Company Content are written in English and Company makes no warranty regarding translation or interpretation of content in any language. 

LIMITATION OF LIABILITY

COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNITY

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms will be governed and construed in accordance with the laws of the State of Nevada. Any controversy or claim arising out of or relating to the Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Clark County, Nevada. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms may not be assigned by you without Company’s prior written consent; however, the Terms may be assigned by Company in its sole discretion.

 The Terms are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Company; however, Company may make modifications as stated above.

All notices with respect to the Terms must be in writing and may be via email to [email protected]  for Company and to your email address.

UPDATED: April 2024