Terms & Conditions

NANCY ANDERSON FITNESS
TERMS OF SERVICE
LAST MODIFIED ON Friday September 29th 2022
‍
IMPORTANT: PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE CONTINUING TO USE THIS SERVICE.
SECTION 15 OF THIS TERMS OF SERVICE AGREEMENT CONTAINS A BINDING CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. READ IT CAREFULLY.
‍
This Terms of Service (the “Agreement”) is a legal agreement between You as an individual (“You”) and Nancy Anderson Fit LLC., a Texas limited liability company (“NA Fitness”, “Us”, “We” or “Our”). It governs Your access to, conduct in, and other terms and conditions relating to Our operation and Your use of our Service, which includes, but is not limited to: (i) our websites, including, but not limited to https://www.nancyandersonfit.com/ ; (ii) virtual resources, goods, and services; and; (iii) other elements that may be added from time to time.

This Service is provided by NA Fitness and certain rights and privileges regarding your use of the Service belong to the NA Fitness and are described below in this Agreement. By using the Service, You agree to be bound by the terms of this Agreement. This Agreement represents the entire agreement concerning the Service between You and NA FITNESS, and it supersedes any prior proposal, representation, agreement, negotiation, offer, counteroffer, acceptance, understanding, or any contrary terms between the parties. If You do not agree to the terms of this Agreement, You are not authorized to download, operate, or otherwise use the Service.
We reserve the right to update or change these Agreement at any time by posting the most current version of the Agreement on the Sites or within the Service with a new Effective Date shown. All such changes in the Agreement are effective from the Effective Date. Your continued use of the Service after we post any changes to the Agreement signifies Your agreement to any such changes. If You do not agree to the then-current Agreement, You must immediately discontinue using the Service.
As between You and NA Fitness, the Service is the sole and exclusive property of NA Fitness. You will not acquire any rights in connection with the Service, or any individual components or elements of the Service, through Your use. Your use of the Service is solely controlled by this Agreement which cannot be changed except by a written agreement signed by both You and a fully authorized representative of NA FITNESS. The Service is licensed, not sold. ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN THE TERMINATION OF ANY PRIVILEGES ASSOCIATED WITH THE SERVICE AS DETAILED BELOW.

1. INTRODUCTION

1.1. What We Do. We are an educational service provider to help individuals with general health and well-being issues via e-book and electronic lectures.

1.2. Acceptance. By using this Service, You are accepting these Terms of Use. These terms may be updated from time to time, at which point we may give notice via a notification on our app or Your email. Any continued use of this Service will then be considered acceptance of those updated Terms of Use.

2. GRANT OF LICENSE
The service is licensed to You by NA Fitness for personal, noncommercial use on Your phone, tablet, or other authorized devices. You must be 18 or older to use this Service unless with the permission of a parent or legal guardian unless you are a resident of the European Union. European residents must be age 18, or such age required by the law in your jurisdiction. All other uses are prohibited.

3. USER CODE OF CONDUCT

3.1. Your Conduct As A User Of The Service. You are solely responsible for Your conduct as a member of the community and as a user of the Service. You represent, warrant and agree that You will not engage in conduct or communication (written, verbal, or nonverbal), either Yourself, or by or through Your username(s), which:

o restricts, inhibits, or discourages any other user from using the Service or contains a virus or other harmful component;

o collecting usernames, email addresses, and/or any other personal information for the purpose of sending spam and/or unsolicited email for any other commercial endeavor not approved by NA Fitness;

o violates any local, state, federal or international laws or gives rise to civil liability;

o imposes an unreasonable or disproportionately large load on the app or otherwise interferes with the app;

o is a chain letter, or constitutes junk mail;

o specifies or claims that that You are affiliated with Us as an employee or agent when You are not;

o requests account login information from other Users;

o uses or possesses programs to “crack” the App or other Internet security tools;

o uploads files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Service;

o restricts or inhibits any user from using and enjoying the Service; or

o anything else that the NA Fitness in its sole determination deems harmful to the Service or to the integrity of the NA Fitness.

3.2. Suspension of Users. We may, at our sole discretion, immediately suspend or terminate Your access to the Service should Your conduct, in our sole determination, fail to conform with this Agreement.

3.3. Deletion of Content. At any time, NA Fitness reserves the right to delete Content for any reason at any time. We do not monitor content, and assume no responsibility for monitoring the Service for inappropriate Content.

4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

4.1. Maintenance of Copyright and Trademark Notices. You agree not to remove or alter any copyright or trademark notices that appear anywhere within the Service.

4.2. Distribution. The license granted hereunder is non-transferable. The Service is licensed for Your use only and only on a personal computer or other authorized device. You may not distribute the Service to any third party.

4.3. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Service, or take any steps to recreate or recover the source code of the Service and waive any right to do so.

4.4. Rental. You may not rent, lease, or lend the Service, or offer it for any commercial use or purpose.

4.5. Account Ownership. You may not buy, sell, give, or trade any account using our service, nor attempt to buy, sell, give, or trade any account using our service.

4.6. User Privacy. You agree that there is no expectation of privacy in connection with Your interactions with other users in and through the Service. NA Fitness will fully cooperate with law enforcement and other governmental entities in policing the content of the Service. If You are under the age of 21, NA Fitness reserves the right to release transcripts of Your chats, or other intra-Service communication, to Your parents, guardian, or other adult authority figure(s).

4.7. Support Services. NA Fitness may in its sole discretion provide You with support services related to the Service (“Support Services”). NA Fitness is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of NA Fitness under this Agreement. Any supplemental software code provided to You as part of the Support Services will be treated as part of the Service, as between You and NA Fitness will be and remain the sole property of NA Fitness, and will be subject to the terms and conditions of this Agreement.NA Fitness support may be reached by contacting us via email at hello@nancyandersonfit.com.

4.8. Compliance with Applicable Laws. You will fully comply with all applicable laws regarding use of the Service.

5. TERM, TERMINATION, MODIFICATION OF TERMS OF USE
The terms of this Agreement will commence upon download of the Service and will continue for so long as You have in Your possession or control any copies of the Service. Without prejudice to any other of its rights, NA Fitness may unilaterally terminate or modify this Agreement at any time and for any reason or for no reason, with no notice to You. For example, but not in limitation, NA Fitness may elect to terminate this Agreement and Your rights in connection with the Service if NA Fitness, in either’s sole determination, discontinues the Service, stops supporting or maintaining the Service, ceases to provide updates, no longer offers the Service for license, or believes You have failed to comply with the terms and conditions of this Agreement. In the event of termination arising as a result of discontinuation of the Service by NA Fitness, no refunds will be given for the licensing of the Service. In the event of termination arising from Your failure to comply with the terms of the Agreement: (i) no refunds will be made; and (ii) You must promptly destroy, uninstall, or delete all copies of the Service in Your possession. If modification of the Agreement by NA Fitness materially affects Your rights in connection with the Service, which determination will be made by NA Fitness in its sole discretion, NA Fitness may, but is under no obligation to, notify You by sending an email message to Your last email address known to NA Fitness or through the Service. NA Fitness will have no liability if You do not receive NA Fitness’s notification. Termination of this Agreement by You can only occur after the deletion of all copies of the Service in Your possession, and by deleting Your account (if any) by notifying customer support at hello@nancyandersonfit.com.

6. PROPRIETARY RIGHTS IN CONTENT ON THE SERVICE

6.1. Ownership Of Posts Within The Service. Subject to Section 6.2 below, the content which may be accessed through use of the Service is the property of the NA Fitness and may be protected by applicable copyright, trademark or other intellectual property laws and treaties.

6.2. Ownership Of Posts By Users. NA Fitness does not claim ownership rights in the materials You post to the Service. Such materials include written text, lyrics, poetry, works of authorship or other materials. After posting Your Content to our Service, You continue to retain all ownership rights, and grant NA Fitness a perpetual license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content through the Service and any social media accounts or public relation efforts managed or controlled by either NA Fitness.

6.3. Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to us at hello@nancyandersonfit.com with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
o A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
o Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, are presentative list of such works at that site;
o Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
o Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
o 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 the law; and
o A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. BILLING.

7.1. Payment Forms. The Service may be provided in single installments or through membership fees, depending on the products or services desired by You.  

7.2. Membership Fee. The Membership Fee for the service or any other charges You may incur in connection with Your use of the service, will be charged on a monthly basis to Your payment method on the calendar day corresponding to the commencement of the paying portion of Your membership until Your membership is canceled. Membership Fees are fully earned upon payment. In some cases, Your payment date may change (i.e. Your payment method was not successfully settled). Currently, we accept payment through Stripe, PayPal, Amazon Fire TV, Roku, Google Play, and Apple Pay.  You can review the authorizations and details of your payment methods through the settings of Your respective App Store. We may authorize Your payment method in anticipation of the membership or service related charges, including authorizing it up to one month of service as soon as You register.  We reserve the right to change the membership fee at any time.7.3. Payment Methods. To use the service, You agree to provide us with one or more Payment Methods, including, but not limited to, billing through a third party servicer. If You provide an alternative method for billing, We reserve the right to bill those methods in case the primary method is declined. In the case that a payment is not settled for any reason and You have not canceled the subscription, we reserve the right to terminate or suspend Your access to the Service till payment is made. If, for any reason, all your payment methods are declined, we are not responsible for the subsequent suspension or cancellation of the service.

7.4. Cancellation. You can cancel Your membership at any time, and You will continue to have access through the end of Your applicable monthly billing period. We do not provide refunds or credit for any partial-month membership periods.

8. NO WARRANTIES.  NA Fitness expressly disclaims any warranty in, to, or for the Service. The Service and all products and services provided to you through the Service are provided ‘As Is’ and ‘Where Is’ without any express or implied warranty of any kind.NA Fitness EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS OPERATION. The entire risk associated with operation of the Service is assumed by You. NA Fitness does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Service. NA Fitness makes no warranties respecting any harm that maybe caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. NA Fitness further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the Service. NA Fitness cannot guarantee the integrity of the Service or that it will be free from attacks by third parties that may result in incomplete or erroneous results from operation, or damage to hardware devices in which the Service is loaded and operating.

9. CONTENT DISCLAIMERS

9.1 WE ARE PROVIDING THE SERVICE AND ANY ASSOCIATED SUPPLEMENTAL MATERIALS, INCLUDING, BUT NOT LIMITED TO E-BOOKS AND ON-DEMAND LECTURES (COLLECTIVELY THE “MATERIALS” SOLELY FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE MATERIALS HAVE BEEN PREPARED BASED UPON OUR GENERAL EDUCATIONAL BACKGROUND AND OUR PRACTICAL EXPERIENCES WITH OUR NUMEROUS CLIENTS OVER THE YEARS. THE SERVICE AND MATERIALS HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION NOR ANY OTHER GOVERNMENTAL AUTHORITY.  WE ARE NOT PHYSICIANS AND WE ARE NOT LICENSED AS A NUTRITIONIST OR DIETICIAN. DO NOT DISREGARD ANY RECOMMENDATIONS THAT YOUR HEALTH PROFESSIONAL HAS GIVEN TO YOU. IF YOU START TO SUFFER ANY HEALTH ISSUES AFTER USING THE SUGGESTIONS IN THE MATERIALS, PLEASE SEE YOUR HEALTH PROFESSIONAL IMMEDIATELY. THE INFORMATION IS BEING PROVIDED ON AN “AS IS'' BASIS. WE ARE NOT MAKING ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE MATERIALS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE ARE DISCLAIMING ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES ARE WE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED VIA THE SERVICE OR THE USE OF THE MATERIALS. BY PROCEEDING WITH THE MATERIALS, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR AFFILIATES FROM AN AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, CLAIM AND EXPENSE, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING FROM YOUR USE OF THE MATERIALS, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS. IN NO EVENT SHALL OUR LIABILITY EXCEED THE PRICE YOU PAID FOR THE MATERIALS. AS YOU KNOW, WE HAVEN'T MET YOU AND ARE NOT AWARE OF ANY SPECIFIC MEDICAL CONDITION THAT YOU MAY HAVE. WE ARE NOT PROVIDING MEDICAL ADVICE TO YOU OR SUGGESTING ANY MEDICAL TREATMENTS FOR ANY CONDITIONS THAT YOU MAY HAVE. THE SERVICE AND MATERIALS SHOULD NOT BE USED TO DIAGNOSE OR TREAT ANY ILLNESS THAT YOU MAY HAVE. IF YOU HAVE ANY SPECIFIC HEALTH CONCERNS, YOU SHOULD CONSULT WITH YOUR MEDICAL PROFESSIONAL AND SHOULD NOT TREAT YOURSELF. ALTHOUGH WE ANTICIPATE THAT WE WILL PERIODICALLY UPDATE THE SERVICE AND MATERIALS, WE HAVE NO OBLIGATION TO UPDATE THE MATERIALS ON ANY SPECIFIC SCHEDULE AND IN FACT WE MAY STOP UPDATING THE MATERIALS OR RETIRE MATERIALS AT ANY TIME. WE HAVE NO OBLIGATION TO NOTIFY YOU OF ANY UPDATES OF THE SERVICE AND MATERIALS. WE DISCLAIM ANY RESPONSIBILITY FOR THE SERVICE AND/OR MATERIALS TO COMPLY WITH UPDATES AND/OR CHANGES. IN ANY HARDWARE OR OPERATING SYSTEMS THAT YOU MAY USE TO ACCESS THE SERVICE OR MATERIALS. THE SERVICE OR MATERIALS MAY CONTAIN HYPERLINKS TO OTHER SOURCES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE HYPERLINKS (INCLUDING, WITHOUT LIMITATION, WHETHER THE HYPERLINKS IN THE MATERIALS WILL CONTINUE TO EXIST AND/OR REMAIN AVAILABLE WITHOUT THE PAYMENT OF ANY FEES). YOU ARE AGREEING TO ASSUME ANY AND ALL RISKS ASSOCIATED WITH THE SUGGESTIONS IN THE MATERIALS. YOU REPRESENT THAT YOU HAVE READ AND AGREED TO THESE TERMS AND CONDITIONS AT ALL TIMES WHILE USING THIS PROGRAM.

9.2 THIRD PARTY CONTENT, COACHING AND ADVICE.  PLEASE NOTE THAT THE SERVICE CONTAINS CONTENT CREATED BY THIRD PARTIES, AS WELL AS MESSAGE BOARDS, AND INVOLVES VIRTUAL INTERACTIONS WITH THIRD PARTIES, INCLUDING SOME CONTENT OR INTERACTIONS REQUESTED BY NA FITNESS. THIS IS TO HELP PROMOTE EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE PARTIES RESPONDING TO YOU ON THIS SERVICE MAY NOT BE PHYSICIANS AND MAY NOT BE LICENSED AS A NUTRITIONIST OR DIETICIAN. THE POSTS BY ANY INDIVIDUAL ON OUR MESSAGE BOARDS ARE THE OPINIONS OF THAT PERSON, AND NOT A POSITION OR THE ADVICE OF NA FITNESS.  YOUR INTERACTIONS WITH THIRD PARTIES MAY VARY.  NA FITNESS DOES NOT MAKE ANY REPRESENTATIONS REGARDING CONTENT AND ANY COACHING, ADVICE, OR OTHER INTERACTIONS BETWEEN YOU AND THIRD PARTIES, INCLUDING THOSE THIRD PARTIES WHO HAVE BEEN RETAINED BY NA FITNESS. PLEASE CONFIRM WITH YOUR PERSONAL DOCTOR/HEALTH CARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS REGARDING ADVICE OR INFORMATION REGARDING THE SERVICE.

9.3 THIRD PARTY APP AND SERVICE INTEGRATION.  PLEASE NOTE THAT THE SERVICE PROVIDES ACCESS TO THIRD PARTY APPS AND SERVICES THAT PROVIDE SUPPLEMENTAL INFORMATION, LAB TESTING, AND MEDICAL ADVICE. YOU UNDERSTAND THAT NA FITNESS IS NOT RESPONSIBLE FOR THE ADVICE, SUPPLEMENTAL INFORMATION OR LAB TESTING PROVIDED BY THESE THIRD PARTIES.  THESE SERVICES ARE SUBJECT TO THEIR OWN SEPARATE TERMS OF SERVICE WHICH YOU SHOULD REVIEW.  PLEASE CONFIRM WITH YOUR PERSONAL DOCTOR/HEALTH CARE PROFESSIONAL REGARDING ANY SUPPLEMENTATION OR LAB TESTING RESULTS.  

9.4 SUPPLEMENT SALES.  PLEASE NOTE THAT WE SELL DIETARY SUPPLEMENTS THROUGH A THIRD PARTY, AND THESE SERVICES ARE SUBJECT TO THEIR OWN SEPARATE TERMS OF SERVICE WHICH YOU SHOULD REVIEW.  PLEASE CONSULT YOUR PHYSICIAN OR DIETICIAN BEFORE INGESTING ANY SUPPLEMENTS. STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FDA AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION.  

9.5 LIVE PROGRAMMING. Please note that the Service also includes live interaction with other individuals. This is to help promote educational and informational purposes only. The parties responding to you on this service may not be physicians and may not be licensed as a nutritionist or dietician. The posts by any individual on our message boards or other live interactions are the opinions of that person, and not a position or the advice of NA Fitness. Further, due to the live interactions, explicit content may be displayed at any time that NA Fitness does not condone.

9.6 SINGLE AND GROUP LIVE SESSIONS.  

a.  To participate in a coaching session (a “Session”), you must pay any amounts owed by You to NA Fitness for your use of the Service, including any Membership Fees, and make a Session reservation.  

b.  You may elect to engage in single one-on-one live Session or live group Session by using the Service. Sessions are limited in number and subject to the availability of Sessions as determined by NA Fitness.  

c.  You are limited to reserving up to one (1) Session per week, or as otherwise determined by NA Fitness.
d.  Sessions are further subject to availability and may be canceled or terminated by NA Fitness at any time, for any reason (including,
but not limited to, unavailability of an instructor/coach, technical issues, holidays, or time limitations).  

e.  The parties interacting with you on this Service may not be physicians and may not be licensed as a nutritionist or dietician.  

f.  Please note that the availability of group Sessions does not mean that the Session can be converted to a one-on-one session, and a one-on-one Session cannot be converted into a group Session.  Session reservations are non-transferrable and You are not guaranteed any particular instructor for any given Session.  

9.7 WHO SHOULD USE THE SERVICE

a. You must be at least 18 years of age to access the Service.

b. The information offered via the Service and Materials is intended for people in good health. The information provided via the Service and Materials is not intended to be a substitute for consultation with your health professional. You need to consult your health professional before making major changes in your lifestyle or proceeding with the suggestions in the Materials with respect to dietary and exercise especially if you have any medical problems of any nature. Even if you have no known health problems, if your health professional recommends against following with the suggestions in the Materials, you should do what your health professional recommends.

c. The suggestions offered in the Materials are intended for use by individuals who do not have food allergies, sensitivities, dietary restrictions or requirements. If you have food allergies or if you believe you may be sensitive to ingredients in any of the recipes that we are suggesting, you should only proceed after consulting your health professional. Regarding any supplemental products suggested in the Materials, if they conflict with any dietary restrictions or requirements you have, you should proceed only after consulting your dietician or health professional. In this regard, please remember that individuals may develop sensitivities to various ingredients or products as they get older. If you have any doubt as to whether you are sensitive to an ingredient or products, you should not proceed with the suggestions until after consultation with your health professional or dietician. Furthermore, please keep in mind that different individuals have different dietary needs that may not be met by the suggestions in the Materials. You should only proceed with the suggestions after consultation with your health professional or dietician.

d. If you are pregnant, think you are pregnant, or plan to become pregnant, you should consult with your health professional. The Materials have been created for healthy women with no known history of complications in pregnancy or subjection to heightened risks during pregnancy. If your health professional recommends against following the suggestions in the Materials, you should do what your health professional recommends. While the Materials are created with a healthy pregnancy in mind, we are not doctors, reproductive specialists or licensed nutritionists, nor medical professionals of any kind and have not examined you personally, and do not know the details of your pregnancy or medical history.

10. LIMITATION OF LIABILITY IN NO EVENT WILL NA FITNESS, OR ANY THIRD PARTY INVOLVED IN PROVIDING THE SERVICE (COLLECTIVELY “THE PROVIDERS”),BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,OR PUNITIVE DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) RISING OUT OF USER ACTIONS, USER COMMENTS, YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR THE USE OR INABILITY TO USE THE SERVICE BY ANY THIRD PARTY THAT MAY HAVE ACCESS TO THE SERVICE BY OR THROUGH YOU,EVEN IF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,AND WITHOUT REGARD TO WHETHER SUCH DAMAGES, OR CLAIMS OF DAMAGES ARISE BASED IN CONTRACT, TORT OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO USE THE SERVICE.NA FITNESS, HAS NO LIABILITY WITH RESPECT TO USER CONDUCT, THE CONTENT OF THE SERVICE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY,PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.THE LIMITATION OF LIABILITY SET FORTH HEREIN MAY NOT BE ENFORCEABLE IN CERTAIN JURISDICTIONS, OR UNDER CERTAIN CIRCUMSTANCES, AS A MATTER OF LOCAL LAW, AND IS NOT INTENDED TO REPLACE OR SUPERSEDE LOCAL LAW.

11. LINKS. You acknowledge that we have not reviewed the content of all sites linked to or from the Service and that we are not responsible for the content of any of those sites and do not take responsibility for them or endorse them.

12. INDEMNITY.YOU AGREE TO INDEMNIFY AND HOLD US, AND OUR DIRECTORS, OFFICERS,EMPLOYEES, AND REPRESENTATIVES HARMLESS FROM ANY AND ALL LOSSES(INCLUDING, BUT NOT LIMITED TO, ATTORNEY FEES) RESULTING FROM ANY CLAIMS THAT YOU ASSERT, OR MAY ASSERT, BASED ON OR RELATING TO YOUR USE, OR THE USE OF ANY INDIVIDUAL USING YOUR PASSWORD, OF THIS SERVICE. YOU FURTHER AGREE TO INDEMNIFY AND HOLD US, AND OUR DIRECTORS, OFFICERS, EMPLOYEES,AND REPRESENTATIVES HARMLESS FROM ANY AND ALL LOSSES RESULTING FROM CLAIMS OF THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY FEES) THAT RESULT IN WHOLE OR IN PART FROM VIOLATIONS BY YOU, OR ANY INDIVIDUAL USING YOUR PASSWORD, OF ANY OF THE TERMS OF THIS AGREEMENT.

13. PRIVACY POLICY.  NA Fitness reserves the right to track and report Your activity inside the Service and our other software applications for analytical purposes. NA Fitness cautions You against giving out any personally identifying information about Yourself, Your children, or any other person in the Service. In an effort to preserve Your privacy, NA Fitness agrees that it will treat any personally identifying information that You submit through the Service in accordance with the terms outlined in its Privacy Policy located at https://www.nancyandersonfit.com/.com/privacy.

14. DISCLOSURES REQUIRED BY LAW.  NA Fitness reserves the right at all times to disclose any information, including personally identifiable information about You, as necessary to satisfy any applicable law, regulation, legal process or governmental request. NA Fitness reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing NA Fitness to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate this Agreement.BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD NA FITNESS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NA FITNESS DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NA FITNESS OR LAW ENFORCEMENT AUTHORITIES.

15. DISPUTE RESOLUTION AND GOVERNING LAW.  Except to the extent that the applicable laws and regulations of Your jurisdiction mandate otherwise, this Agreement is governed by and will be construed under the laws of Texas without regard to its conflict of law provisions and, except as noted below in Section 16, You agree to submit to the exclusive jurisdiction of the courts Texas to resolve all disputes related to this Agreement.  EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR THE TRANSACTIONS CONTEMPLATED HEREBY.

16. BINDING ARBITRATION

16.1. Arbitration Procedures. You and NA Fitness agree that, except as provided in Section 16.5 below, all disputes, controversies and claims related to this Agreement (each a “Claim”), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated(the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.

16.2. Except as otherwise set forth in Section 16.5 below, You may seek any non-injunctive remedies available to You under federal, state or local laws in an arbitration action. As part of the arbitration, both You and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) You and NA Fitness may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND NA FITNESS WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

16.3. Location. The arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances.

16.4. Limitations. You and NA Fitness agree that any arbitration will be limited to the Claim between NA Fitness and You individually. YOU AND NA FITNESS AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.
16.5. Exceptions to Arbitration. You and NA Fitness agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of Your or NA Fitness’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration with the other party’s consent.

16.6. Arbitration Fees. The party seeking the Claim is responsible for the initial fees to JAMS. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

16.7. Severability. You and NA Fitness agree that if any portion of this Section is found illegal or unenforceable, except any portion of Section 16.5, that portion will be severed and the remainder of the Section will be given full force and effect. If Section 16.5 is found to be illegal or unenforceable, then neither You nor NA Fitness will elect to arbitrate any Claim falling within that portion of this Section found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within the City of Dallas, Texas and You and NA Fitness agree to submit to the personal jurisdiction of that court.

17. MISCELLANEOUS TERMS

17.1. Entire Agreement. This Agreement constitutes the entire agreement between You and NA Fitness and governs the terms and conditions of Your use of the Service, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and NA Fitness with respect to the Service. Notwithstanding the foregoing, You may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy),guidelines, or rules that may apply when You use or purchase certain elements of the Service, Affiliate or advertiser services, third-party content or third-party software.

17.2. Contact. By Your consent in this Agreement, NA Fitness may contact You for any of the following, by example and not by limitation: information You provided in relation to billing; responses to user inquiries; order processing; promotions; or in requesting feedback.

17.3. No Waiver. The failure of NA Fitness to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. Any waiver of this Agreement by NA Fitness must be in writing and signed by an authorized representative of NA
Fitness.

17.4. Local laws. NA Fitness makes no representation that content or materials in the Service are appropriate or available for use in jurisdictions outside the United States. Access to the Service from jurisdictions where such access is illegal is prohibited. If You choose to access the Service from other jurisdictions, You do so on Your own initiative and are responsible for compliance with applicable local laws. NA Fitness is not responsible for any violation of law. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You reside (if different from the United States).

17.5. Force Majeure. We shall be not held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, viral pandemics, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, acts or omissions of transportation or telecommunications common carriers, or acts, omissions, overloading, or slowdowns over the internet or any third party internet service providers.

17.6. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, that provision will be modified to reflect the parties’ intentions in the provision or severed, if such modification is not possible, and the other provisions of this Agreement remain in full force and effect.

17.7. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

17.8. No Partnership. Nothing contained in the Agreement will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor may either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing nor otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.

18. RESERVATION & CANCELLATIONS FOR ONE-ON-ONE CONSULTATIONS.

A maximum of one (1) reservation can be made per client per day. If client no-show or cancels within 12 hours of the scheduled meeting on more than one occasion they will be subject to internal review and potentially lose access to the platform. Please note the following: The health, safety, and wellbeing of our members is our main priority.
For this reason, it's important that both parties understand that your access to this course and coaching is conditioned upon your acceptance of the following terms and conditions:

1. I understand that the information in this course is not a substitute for medical advice, diagnosis, or treatment.

2. I understand that this course is for general informational purposes only and does not replace consultations with my own doctor/health professional.

3. I will contact a medical professional if I have any questions about your health, the health of my partner, or the health of my child.

4. I will consult a medical professional before implementing any of the information contained inside this course.

5. I have read Terms and Conditions and understand that the Terms and Conditions include other disclaimers regarding course content
and other content and services provided by Nancy Anderson Fit, LLC.  Please report any violations of this Agreement to NA Fitness at hello@nancyandersonfit.com.