Terms & Conditions

NANCY ANDERSON FITNESS

TERMS OF SERVICE

LAST MODIFIED ON Friday April 8th 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 theService 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 COMPANY, 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 COMPANY.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 COMPANY. 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. INTRODUCTION1.1. 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 beupdated from time to time, at which point we may give notice via a notification on our app or Youremail. Any continued use of this Service will then be considered acceptance of those updated Termsof Use.2. GRANT OF LICENSEThe 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 aparent or legal guardian unless you are a resident of the European Union. European residents must beage 18, or such age required by the law in your jurisdiction. All other uses are prohibited.3. USER CODE OF CONDUCT3.1. Your Conduct As A User Of The Service. You are solely responsible for Your conduct as amember 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 virusor other harmful component;o collecting usernames, email addresses, and/or any other personal information for thepurpose of sending spam and/or unsolicited email for any other commercial endeavor notapproved 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 otherwiseinterferes 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 Youare 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 orinhibit the operation of the Service;o restricts or inhibits any user from using and enjoying the Service; oro anything else that the NA Fitness in its sole determination deems harmful to the Serviceor to the integrity of the NA Fitness.3.2. Suspension of Users. We may, at our sole discretion, immediately suspend or terminate Youraccess to the Service should Your conduct, in our sole determination, fail to conform with thisAgreement.3.3. Deletion of Content. At any time, NA Fitness reserves the right to delete Content for any reasonat any time. We do not monitor content, and assume no responsibility for monitoring the Service forinappropriate Content.4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS4.1. Maintenance of Copyright and Trademark Notices. You agree not to remove or alter anycopyright or trademark notices that appear anywhere within the Service.4.2. Distribution. The license granted hereunder is non-transferable. The Service is licensed for Youruse only and only on a personal computer or other authorized device. You may not distribute theService to any third party.4.3. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverseengineer, decompile, or disassemble the Service, or take any steps to recreate of recover the sourcecode 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 useor purpose.4.5. Account Ownership. You may not buy, sell, give, or trade any account using our service, norattempt 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 Yourinteractions with other users in and through the Service. NA Fitness will fully cooperate with lawenforcement and other governmental entities in policing the content of the Service. If You are underthe age of 21, NA Fitness reserves the right to release transcripts of Your chats, or other intra-Servicecommunication, 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 relatedto the Service (“Support Services”). NA Fitness is not required to provide Support Services unlessotherwise required by applicable law. No failure to provide, or to continue to provide, Support Serviceswill be a default of NA Fitness under this Agreement. Any supplemental software code provided toYou as part of the Support Services will be treated as part of the Service, as between You and NAFitness will be and remain the sole property of NA Fitness, and will be subject to the terms andconditions of this Agreement.NA Fitness support may be reached by contacting us via email athello@nancyandersonfit.com.4.8. Compliance with Applicable Laws. You will fully comply with all applicable laws regardinguse of the Service.5. TERM, TERMINATION, MODIFICATION OF TERMS OF USEThe term of this Agreement will commence upon download of the Service and will continue for so longas You have in Your possession or control any copies of the Service. Without prejudice to any other of itsrights, NA Fitness may unilaterally terminate or modify this Agreement at any time and for any reason orfor no reason, with no notice to You.For example, but not in limitation, NA Fitness may elect to terminate this Agreement and Your rights inconnection with the Service if NA Fitness, in either’s sole determination, discontinues the Service, stopssupporting 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 refundswill be given for the licensing of the Service. In the event of termination arising from Your failure tocomply with the terms of the Agreement: (i) no refunds will be made; and (ii) You must promptlydestroy, uninstall, or delete all copies of the Service in Your possession. If modification of the Agreementby NA Fitness materially affects Your rights in connection with the Service, which determination will bemade by NA Fitness in its sole discretion, NA Fitness may, but is under no obligation to, notify You bysending an email message to Your last email address known to NA Fitness or through the Service. NAFitness 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 inYour possession, and by deleting Your account (if any) by notifying customer support athello@nancyandersonfit.com.6. PROPRIETARY RIGHTS IN CONTENT ON THE SERVICE6.1. Ownership Of Posts Within The Service. Subject to Section 6.2 below, the content whichmay be accessed through use of the Service is the property of the NA Fitness and may beprotected 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 Youpost to the Service. Such materials include written text, lyrics, poetry, works of authorship or othermaterials. 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 publicrelation efforts managed or controlled by either NA Fitness.6.3. Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereofand believe that any Content infringes upon your copyrights, you may submit a notification pursuantto the Digital Millennium Copyright Act (“DMCA”) to us at hello@nancyandersonfit.com with thefollowing 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 theowner of an exclusive right that is allegedly infringed;o Identification of the copyrighted work claimed to have been infringed, or, if multiplecopyrighted works at a single online site are covered by a single notification, arepresentative list of such works at that site;o Identification of the material that is claimed to be infringing or to be the subject ofinfringing activity and that is to be removed or access to which is to be disabled andinformation reasonably sufficient to permit the service provider to locate the material;o Information reasonably sufficient to permit the service provider to contact you, such asan 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 mannercomplained of is not authorized by the copyright owner, its agent, or the law; ando A statement that the information in the notification is accurate, and under penalty ofperjury, that you are authorized to act on behalf of the owner of an exclusive right thatis allegedly infringed.7. BILLING.7.1. Payment Forms. The Service may be provided in single installments or through membershipfees, 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 inconnection with Your use of the service, will be charged on a monthly basis to Your payment methodon the calendar day corresponding to the commencement of the paying portion of Your membershipuntil Your membership is cancelled. 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 Yourrespective App Store. We may authorize Your payment method in anticipation of the membership orservice 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 PaymentMethods, including, but not limited to, billing through a third party servicer. If You provide analternative method for billing, We reserve the right to bill those methods in case the primary methodis declined. In the case that a payment is not settled for any reason and You have not cancelled thesubscription, we reserve the right to terminate or suspend Your access to the Service till payment ismade. If, for any reason, all your payment methods are declined, we are not responsible for thesubsequent suspension or cancellation of the service.7.4. Cancellation. You can cancel Your membership at any time, and You will continue to haveaccess through the end of Your applicable monthly billing period. We do not provide refunds orcredit for any partial-month membership periods.8. NO WARRANTIESNA Fitness expressly disclaims any warranty in, to, or for the Service. The Service is 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 CONTINUOUSOPERATION.The entire risk associated with operation of the Service is assumed by You. NA Fitness does not warrantor assume responsibility for the accuracy or completeness of any information, text, graphics, links orother 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 computerprogram. NA Fitness further expressly disclaims any warranty or representation to any third party whomay operate or otherwise utilize the Service. NA Fitness cannot guarantee the integrity of the Service orthat it will be free from attacks by third parties that may result in incomplete or erroneous results fromoperation, or damage to hardware devices in which the Service is loaded and operating.9. CONTENT DISCLAIMERS9.1 WE ARE PROVIDING THE SERVICE AND ANY ASSOCIATED SUPPLEMENTALMATERIALS, INCLUDING, BUT NOT LIMITED TO E-BOOKS AND ON-DEMANDLECTURES (COLLECTIVELY THE "MATERIALS"), SOLELY FOR GENERALEDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE MATERIALS HAVE BEENPREPARED BASED UPON OUR GENERAL EDUCATIONAL BACKGROUND AND OURPRACTICAL EXPERIENCES WITH OUR NUMEROUS CLIENTS OVER THE YEARS. THESERVICE AND MATERIALS HAVE NOT BEEN EVALUATED BY THE UNITED STATESFOOD AND DRUG ADMINISTRATION NOR ANY OTHER GOVERNMENTAL AUTHORITY.WE ARE NOT PHYSICIANS AND WE ARE NOT LICENSED AS A NUTRITIONIST ORDIETICIAN. DO NOT DISREGARD ANY RECOMMENDATIONS THAT YOUR HEALTHPROFESSIONAL HAS GIVEN TO YOU. IF YOU START TO SUFFER ANY HEALTH ISSUESAFTER USING THE SUGGESTIONS IN THE MATERIALS, PLEASE SEE YOUR HEALTHPROFESSIONAL IMMEDIATELY. THE INFORMATION IS BEING PROVIDED ON AN “ASIS” BASIS. WE ARE NOT MAKING ANY REPRESENTATIONS OR WARRANTIES OF ANYKIND, EXPRESS OR IMPLIED, AS TO THE MATERIALS. TO THE FULLEST EXTENTPERMISSIBLE BY APPLICABLE LAW, WE ARE DISCLAIMING ALL WARRANTIES,EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NOCIRCUMSTANCES ARE WE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANYINDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISINGIN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED VIA THESERVICE OR THE USE OF THE MATERIALS. BY PROCEEDING WITH THE MATERIALS,YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR AFFILIATESFROM AN AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, CLAIM AND EXPENSE,INCLUDING REASONABLE ATTORNEY’S FEES, ARISING FROM YOUR USE OF THEMATERIALS, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS. IN NO EVENTSHALL OUR LIABILITY EXCEED THE PRICE YOU PAID FOR THE MATERIALS. AS YOUKNOW, WE HAVE NOT MET YOU AND ARE NOT AWARE OF ANY SPECIFIC MEDICALCONDITION THAT YOU MAY HAVE. WE ARE NOT PROVIDING MEDICAL ADVICE TOYOU OR SUGGESTING ANY MEDICAL TREATMENTS FOR ANY CONDITIONS THAT YOUMAY HAVE. THE SERVICE AND MATERIALS SHOULD NOT BE USED TO DIAGNOSE ORTREAT ANY ILLNESS THAT YOU MAY HAVE. IF YOU HAVE ANY SPECIFIC HEALTHCONCERNS, YOU SHOULD CONSULT WITH YOUR MEDICAL PROFESSIONAL ANDSHOULD NOT TREAT YOURSELF. ALTHOUGH WE ANTICIPATE THAT WE WILLPERIODICALLY UPDATE THE SERVICE AND MATERIALS, WE HAVE NO OBLIGATIONTO UPDATE THE MATERIALS ON ANY SPECIFIC SCHEDULE AND IN FACT WE MAYSTOP UPDATING THE MATERIALS OR RETIRE MATERIALS AT ANY TIME. WE HAVE NO OBLIGATION TONOTIFY YOU OF ANY UPDATES OF THE SERVICE AND MATERIALS. WE DISCLAIM ANYRESPONSIBILITY FOR THE SERVICE AND/OR MATERIALS TO COMPLY WITH UPDATESAND/OR CHANGES. IN ANY HARDWARE OR OPERATING SYSTEMS THAT YOU MAYUSE TO ACCESS THE SERVICE OR MATERIALS. THE SERVICE OR MATERIALS MAYCONTAIN HYPERLINKS TO OTHER SOURCES. WE DO NOT MAKE ANYREPRESENTATIONS OR WARRANTIES AS TO THE HYPERLINKS (INCLUDING, WITHOUTLIMITATION, WHETHER THE HYPERLINKS IN THE MATERIALS WILL CONTINUE TOEXIST AND/OR REMAIN AVAILABLE WITHOUT THE PAYMENT OF ANY FEES). YOUARE AGREEING TO ASSUME ANY AND ALL RISKS ASSOCIATED WITH THESUGGESTIONS IN THE MATERIALS. YOU REPRESENT THAT YOU HAVE READ ANDAGREED TO THESE TERMS AND CONDITIONS AT ALL TIMES WHILE USING THISPROGRAM.9.2 PLEASE NOTE THAT THE SERVICE CONTAINS CONTENT CREATED BY THIRDPARTIES, AS WELL AS MESSAGE BOARDS, AND INVOLVES VITRUAL INTERACTIONSWITH THIRD PARTIES. THIS IS TO HELP PROMOTE EDUCATIONAL ANDINFORMATIONAL PURPOSES ONLY. THE PARTIES RESPONDING TO YOU ON THISSERVICE MAY NOT BE PHYSICIANS AND MAY NOT BE LICENSED AS A NUTRITIONISTOR DIETICIAN. THE POSTS BY ANY INDIVIDUAL ON OUR MESSAGE BOARDS ARE THEOPINIONS OF THAT PERSON, AND NOT A POSITION OR THE ADVICE OF NA FITNESS.9.3 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 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 bedisplayed at any time that NA Fitness does not condone.9.4 WHO SHOULD USE THE SERVICEa. 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 goodhealth. The information provided via the Service and Materials is not intended to be asubstitute for consultation with your health professional. You need to consult your healthprofessional before making major changes in your lifestyle or proceeding with thesuggestions in the Materials with respect to dietary and exercise especially if you haveany medical problems of any nature. Even if you have no known health problems, if yourhealth 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 nothave food allergies, sensitivities, dietary restrictions or requirements. If you have foodallergies or if you believe you may be sensitive to ingredients in any of the recipes thatwe are suggesting, you should only proceed after consulting your health professional.Regarding any supplemental products suggested in the Materials, if they conflict with anydietary restrictions or requirements you have, you should proceed only after consultingyour dietician or health professional. In this regard, please remember that individuals maydevelop sensitivities to various ingredients or products as they get older. If you have anydoubt as to whether you are sensitive to an ingredient or products, you should not proceedwith the suggestions until after consultation with your health professional or dietician.Furthermore, please keep in mind that different individuals have different dietary needsthat may not be met by the suggestions in the Materials. You should only proceed withthe suggestions after consultation with your health professional or dietician.d. If you are pregnant, think you are pregnant, or plan to become pregnant, you shouldconsult with your health professional. The Materials have been created for healthywomen with no known history of complications in pregnancy or subjection to heightenedrisks during pregnancy. If your health professional recommends against following thesuggestions 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 a doctor,reproductive specialist or licensed nutritionist, nor medical professional of any kind andhave not examined you personally, and do not know the details of your pregnancy ormedical history.10. LIMITATION OF LIABILITYIN NO EVENT WILL COMPANY, OR ANY THIRD PARTY INVOLVED IN PROVIDING THESERVICE (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 LOSTINFORMATION) RISING OUT OF USER ACTIONS, USER COMMENTS, YOUR USE OF, ORINABILITY TO USE, THE SERVICE, OR THE USE OR INABILITY TO USE THE SERVICE BYANY 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 ARISEBASED IN CONTRACT, TORT OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THECONTRARY CONTAINED HEREIN, THE PROVIDER’S LIABILITY SHALL BE LIMITED TO THEAMOUNT PAID, IF ANY, BY YOU TO USE THE SERVICE.COMPANY, HAS NO LIABILITY WITH RESPECT TO USER CONDUCT, THE CONTENT OFTHE SERVICE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, ERRORS OROMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY,PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSSOF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.THE LIMITATION OF LIABILITY SET FORTH HEREIN MAY NOT BE ENFORCEABLE INCERTAIN JURISDICTIONS, OR UNDER CERTAIN CIRCUMSTANCES, AS A MATTER OFLOCAL 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 andthat we are not responsible for the content of any of those sites and do not take responsibility for them orendorse 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 CLAIMSTHAT YOU ASSERT, OR MAY ASSERT, BASED ON OR RELATING TO YOUR USE, OR THEUSE OF ANY INDIVIDUAL USING YOUR PASSWORD, OF THIS SERVICE. YOU FURTHERAGREE TO INDEMNIFY AND HOLD US, AND OUR DIRECTORS, OFFICERS, EMPLOYEES,AND REPRESENTATIVES HARMLESS FROM ANY AND ALL LOSSES RESULTING FROMCLAIMS OF THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY FEES) THATRESULT IN WHOLE OR IN PART FROM VIOLATIONS BY YOU, OR ANY INDIVIDUALUSING YOUR PASSWORD, OF ANY OF THE TERMS OF THIS AGREEMENT.13. PRIVACY POLICYNA Fitness reserves the right to track and report Your activity inside the Service and our other softwareapplications for analytical purposes. NA Fitness cautions You against giving out any personallyidentifying information about Yourself, Your children, or any other person in the Service. In an effort topreserve Your privacy, NA Fitness agrees that it will treat any personally identifying information thatYou submit through the Service in accordance with the terms outlined in its Privacy Policy located athttps://www.nancyandersonfit.com/.com/privacy .14. DISCLOSURES REQUIRED BY LAWNA Fitness reserves the right at all times to disclose any information, including personally identifiableinformation about You, as necessary to satisfy any applicable law, regulation, legal process orgovernmental request. NA Fitness reserves the right to fully cooperate with any law enforcementauthorities or court order requesting or directing NA Fitness to disclose the identity of anyone publishingor otherwise making available any materials that are believed to violate this Agreement.BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLDCOMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BYCOMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONSTAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAWENFORCEMENT AUTHORITIES.15. DISPUTE RESOLUTION AND GOVERNING LAWExcept to the extent that the applicable laws and regulations of Your jurisdiction mandate otherwise, thisAgreement is governed by and will be construed under the laws of Texas without regard to its conflict oflaw 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 relatedto this Agreement.EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TOTRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGALPROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USEOF THE SERVICE OR THE TRANSACTIONS CONTEMPLATED HEREBY.16. BINDING ARBITRATION16.1. Arbitration Procedures. You and NA Fitness agree that, except as provided in Section 16.5below, all disputes, controversies and claims related to this Agreement (each a “Claim”), will befinally and exclusively resolved by binding arbitration, which may be initiated by either party bysending a written notice requesting arbitration to the other party. Any election to arbitrate by oneparty will be final and binding on the other. The arbitration will be conducted under the StreamlinedArbitration 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 conflictbetween the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms inthis 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 remediesavailable 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 isrelevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decisionregarding the Claim, the award given and the arbitrator’s findings and conclusions on which thearbitrator’s decision is based. The determination of whether a Claim is subject to arbitration will begoverned by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except asotherwise provided in this Agreement, (i) You and COMPANY may litigate in court to compelarbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on theaward entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all partiesand enforceable in any court that has jurisdiction, provided that any award may be challenged if thearbitrator fails to follow applicable law.BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOUAND COMPANY 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 partiesagree to video, phone and/or internet connection appearances.16.4. Limitations. You and COMPANY agree that any arbitration will be limited to the Claimbetween COMPANY and You individually. YOU AND COMPANY AGREE THAT (A) THERE ISNO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHTOR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTEDREPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NOARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.16.5. Exceptions to Arbitration. You and COMPANY agree that the following Claims are not subjectto the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking toenforce or protect, or concerning the validity of, any of Your or COMPANY’s intellectual propertyrights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy orunauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party mayassert an individual action in small claims court for Claims that are within the scope of such court’sjurisdiction 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. Allother 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 this Section is found illegal orunenforceable, except any portion of Section 16.5, that portion will be severed and the remainder ofthe 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 thisSection found to be illegal or unenforceable and such Claim will be exclusively decided by a court ofcompetent jurisdiction within the City of Dallas, Texas and You and NA Fitness agree to submit tothe personal jurisdiction of that court.17. MISCELLANEOUS TERMS17.1. Entire Agreement. This Agreement constitutes the entire agreement between You and NA Fitnessand governs the terms and conditions of Your use of the Service, and supersedes all prior orcontemporaneous communications and proposals, whether electronic, oral or written, between You andNA Fitness with respect to the Service. Notwithstanding the foregoing, You may also be subject toadditional 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, Affiliateor 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 thefollowing, 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 thisAgreement will not operate as a waiver of such right or provision. Any waiver of this Agreementby 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 areappropriate or available for use in jurisdictions outside the United States. Access to the Service fromjurisdictions where such access is illegal is prohibited. If You choose to access the Service fromother jurisdictions, You do so on Your own initiative and are responsible for compliance withapplicable local laws. NA Fitness is not responsible for any violation of law. You further agree tocomply with all applicable laws regarding the transmission of technical data exported from theUnited 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 partof this Agreement from any cause beyond our control and without our fault or negligence, such asacts of God, viral pandemics, acts of civil or military authority, current laws and regulations andchanges thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions,earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other majorenvironmental disturbances, unusually severe weather conditions, acts of hackers and other illegalactivities of third parties, inability to secure products or services of other persons or transportationfacilities, acts or omissions of transportation or telecommunications common carriers, or acts,omissions, overloading, or slow downs 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 jurisdictionto be invalid, that provision will be modified to reflect the parties’ intentions in the provision orsevered, if such modification is not possible, and the other provisions of this Agreement remain infull force and effect.17.7. Section Titles. The section titles in this Agreement are for convenience only and have no legalor contractual effect.17.8. No Partnership. Nothing contained in the Agreement will be construed to constitute either partyas a partner, joint venturer, employee or agent of the other party, nor may either party hold itself outas 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 behalfof the other party, it being intended by both parties that each will remain independent contractorsresponsible for its own actions.18. Reservation & Cancellations for One-on-One ConsultationsA 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 (stated above!) and understand that the Terms and Conditions include other disclaimers regarding course content and other content and services provided by Nancy Anderson Fit, LLCPlease report any violations of this Agreement to NA Fitness at hello@nancyandersonfit.com.