Online Course Terms of Use Agreement and Liability Disclaimer
This online course and its videos, documents and other associated content (hereinafter inclusively referred to as “Course”) has been produced by MichelleFit Dot Com, LLC. / (Michelle Herzog as agent). When you purchase our Course, you agree to this Terms of Use and Liability Waiver.
All sales are final for online Courses and Coaching Programs. No refunds (in whole or part) are issued for online courses once a sale is completed. Any supplements, testing, products, and other support items mentioned within the Course are not included in the purchase of the Course - with the exception of bonuses mentioned in offer that you qualify for at time of purchase. We reserve the right to substitute represented bonus products if the ones represented become unavailable.
The information in our Course is for educational purposes only and is NOT intended to provide a medical diagnosis or substitute for medical advice, or treatment. It is strictly for informational and for educational purposes only. The information provided in our Course is intended for general purposes and you recognize that your situation may be unique. The information in our Course is by no means complete or exhaustive and therefore does not apply to all health and fitness situations and levels of fitness or health-related issues. The use of the terms “consider” or “recommend”, as well as references to any diseases or health ailments are general references and protocols are generalized and not intended to be a prescription, diagnosis, treatment, or medical advice.
Before implementing any information contained in this Course or it's recommended resources, and while examining your own blood work, you should get medical advice and clearance from a qualified medical professional. The Course is generalized information that may not be in your best interest given your specific medical conditions, diseases, injuries, or disabilities. You are ultimately responsible for any and all decisions made or carried out by you in relation to your health.
USAGE & COPYRIGHT
By purchasing this Course, MichelleFit Dot Com, LLC grants you a nonexclusive, nontransferable, revocable license to access and use our copyrighted Course and any associated materials solely for your own personal and non-commercial or non-professional use. Our Course is protected under United States and foreign copyrights. The copying, redistribution, in whole or part, use or publication by you of any of the content within our Course is strictly prohibited.
You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. Any disclosure of our Information to a third party specifically including a direct competitor is strictly prohibited. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief. These rights will be upheld and violation of these rights will be prosecuted to the full extent of the law. Your purchase of our Course does not grant you any ownership rights to our Course. Any breach in the terms of this agreement may result in termination of your access to the Course materials, and thereby release MichelleFit Dot Com, LLC of any obligation.
VIDEO / AUDIO / POSTING RELEASE OF LIABILITY
You acknowledge that the Live Coaching Call video and audio inside the course are recorded and may be used by MichelleFit Dot Com, LLC at their discretion. Your voluntary participation in the live calls herby means you agree to be recorded and grant MichelleFit Dot Com, LLC rights of your image, in video or still, and of the likeness and sound of your voice as recorded on audio or video without payment, compensation or any other consideration. You understand that your image and content may be edited, copied, exhibited, published or distributed electronically via the Internet and waive the right to inspect or approve the finished product wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of your image or recording. You also understand that this material may be used in diverse educational settings within an unrestricted geographic area - such as, but are not limited to, courses, advertisements, promotions, printed or internet-based teaching materials. There is no time limit on the validity of this release. I agree to indemnify and hold harmless MichelleFit Dot Com, LLC, its employees and representatives against any and all claims arising out of my voluntary participation, including, but not limited to, claims of copyright infringement, defamation, and misrepresentation. MichelleFit Dot Com, LLC and its agents will do their best to be respectful of private information and will protect the privacy of the individual when it is deemed appropriate by agents of MichelleFit Dot Com, LLC.
Furthermore, any correspondence you post publicly within the course may copied, paraphrased, and be used by MichelleFit Dot Com, LLC such as – but not limited to – community posts, Facebook posts, images, and emails related to course material. Such correspondence may be used in – but not limited to – courses, advertisements, promotions, teaching materials and printed or internet-based teaching materials.
LIFETIME ACCESS, PAYMENT, & TERMINATION
Lifetime access to this Course is being purchased; however, the term “lifetime” specifically refers to the lifetime of the Course itself and Course materials associated with it at the time of purchase, which shall be a minimum term of six months from purchase date. Beyond this term, MichelleFit Dot Com, LLC reserves the right to terminate your access to any part, or all of the Course at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Account (login), you may simply discontinue use of our Site and Course or contact us inside the Course for assistance in canceling your account. Contact customer support: [email protected]
Termination of the Course and its Content beyond the six months is at the sole discretion of MichelleFit Dot Com, LLC and its agents. Inactive accounts (as identified as not logging-in to the course) beyond 6 consecutive months from either purchase date or last log-in may be involuntarily terminated at the discretion of MichelleFit Dot Com, LLC and/or its agents.
By choosing the monthly installment or payment plan at checkout, you acknowledge you are entering into a contractual agreement to fulfill all payments due and that payments due will be debited to the card you provided at time of purchase as they become due. Your bank account information is not seen by, handled by, or managed by MichelleFit Dot Com, LLC and/or its agents and all billing inquiries should be directed to the assigned Merchant. You agree to keep card information current with the Merchant and agree to promptly rectify any failed payment(s) in a timely manner. You also acknowledge that access to the Course and all its associated material will be suspended until payment is current. Failing to bring the account current after 30 days will terminate your access to the Course, live coaching, and all related content, as well as purchase of, or access to, all future products, groups, and/or free materials produced and distributed by MichelleFit Dot Com, LLC.
Our Course may contain references or links to materials from third-parties. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Our Course is intended solely for Users who are at least age 18 years of age or older. Any use of or access to our Course by anyone under such, is unauthorized, unlicensed and in violation of these Terms of Use. By purchasing our Course, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of the terms and conditions of this Agreement. MichelleFit Dot Com, LLC has sole right and discretion to determine whether to sell our Course to any individual and may reject a purchase by any individual with or without explanation.
We will respond quickly to claims of copyright infringement as found in our Course, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any copyrights are infringed by our Course, please provide us with a written notice via mail or email that contains the following information:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on our Site;
(4) Your address, telephone number, and email address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
When you complete the purchase process, you will receive a password that will allow you to access our Content. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security.
THE CONTENT PROVIDED IN OUR COURSE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MICHELLEFIT DOT COM, LLC, INCLUDING ALL OUR AFFILIATES AND AGENTS, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR CONTENT. MICHELLEFIT DOT COM, LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR CONTENT. MICHELLEFIT DOT COM, LLC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
IN NO EVENT WILL MICHELLE HERZOG OR HER CORPORATIONS, EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THIS CONTENT WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MICHELLEFIT DOT COM LLC / MICHELLE HERZOG’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE CONTENT WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
This Terms of Service Agreement shall be governed and construed in accordance with applicable federal law and the substantive laws of Washington State without giving effect to the principles of conflict of laws. Any cause of action by you with respect to our Website or Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Additionally, refer to the PRIVACY STATEMENT, TERMS POLICY, and DISCLAIMER located at www.MichelleFit.com
IF YOU DO NOT AGREE WITH ANY PORTION OF THESE TERMS OF THIS SERVICE AGREEMENT, DO NOT PURCHASE THIS COURSE.