TERMS AND CONDITIONS
Welcome to mamastefit.com. By website, we (“MamasteFit,” “us,” “our”) include our website, our social media platforms, and our mobile website, collectively referred to herein as “Website.” By accessing our Website, you consent to and agree to be bound by the following Terms and Conditions, including our Privacy Policy and Disclaimer, incorporated herein.
Our Terms of Sale governing the purchase of our products and services is incorporated herein.
We may also sell products and services on our website. Supplemental terms and conditions governing the sale of these products and/or services may be posted on our Website and are expressly incorporated herein. The following Terms and Conditions govern your use of our Website. These Terms and Conditions are a legally binding agreement between you and MamasteFit. If you do not agree to these Terms and Conditions, you are not permitted to use this site and must discontinue use immediately.
I. AGE
This site is intended for users under the age of 18 years old. If you are not 18 years of age, you are not permitted to register for or use our site.
II. REGISTRATION FOR OUR WEBSITE
By registering for our Website, you agree that:
You are at least 18 years old
You have not provided a false name, email address, or other false personal information, nor have you entered the personal information of another individual
Your username and password are personal to you and you will not share them with anyone else
You will not interfere with the operation of our Website.
We have sole discretion to delete your account at any time in the event you breach this Terms and Conditions policy.
If you wish to delete your account, please email us at info@mamastefit.com.
III. CHANGES AND MODIFICATIONS TO POLICY
We reserve the right to make changes to these Terms and Conditions at any time, without notice to you. You are advised to review our website Terms and Conditions periodically. When we make changes to these Terms and Conditions, we will update our “Last updated” date to notify you of said changes. By continuing to use our Website, you are consenting to any modifications to our Terms and Conditions.
IV. SITE INTERRUPTIONS
We do not guarantee that our Website, Teachable, or the Teambuildr App will be available at all times. We may experience problems, or our Website, Teachable, or the Teambuildr App may be temporarily down for maintenance purposes, that may result in your inability to use our website. You agree that we are not liable or responsible for any damages stemming from your inability to access our Website.
V. INTELLECTUAL PROPERTY RIGHTS
We welcome and encourage your use of our Website, but our Website is our property. Any content on our Website, provided by our Website or composing our Website, in any form, is owned by us and protected by all applicable copyright and trademark laws. Any content includes all website design, software, databases, functionality, marks, photographs, graphics, text, videos and all other media and source code, on our Website, through our Website, or provided by our Website, including such content as downloads from our Website, newsletters provided by our Website, or any of our digital products or services (collectively henceforth, “Content”). All Content is provided for informational use only (for more on informational use only, please see our Disclaimer Policy). All Content is provided as is, for your personal, non-commercial use only.
When you use our Website, we are granting you a limited revocable license. This limited license gives you access to our Website and any downloadable material we have expressly permitted you to use, for your personal use only. This license is not transferable by you.
You are not permitted to duplicate, reproduce, sublicense, reassemble, upload, change, post, transmit, transfer, distribute, sell, license, display, republish, create derivative works or alter our Website or Content in any way without prior written approval from us. Please direct any requests for permission to info@mamastefit.com.
You may download and print, for your personal, non-commercial use only, Content we have expressly authorized you to do so.
We reserve all rights not expressly granted to you in our Website and our Website content.
VI. LAWFUL USE OF OUR WEBSITE
By using our Website, you are agreeing to not display, upload, post, distribute or send to us or our Website any Content which:
Is unlawful or violates the rights of others
Advocates unlawful conduct or refers in any way to unlawful conduct
Is defamatory, discriminatory, offensive, disparaging, profane, harassing, pornographic or threatening
Could be considered an advertisement or promotion of your goods and services, without prior express written authorization from us.
In addition, you agree not to:
Use the Website in any manner inconsistent with its intended purpose, or with applicable laws and regulations
Upload, distribute or otherwise transmit spyware, viruses or data mining
Use our Website in any manner which could damage or overburden it
Use any automatic or manual process, software or device for the purpose of copying our Website
Participate in any unauthorized linked to or framing of the Website
Otherwise interfere with the operation of our Website.
VII. COMMENTS ON OUR WEBSITE
In certain sections of our Website and on our social media platforms, you are permitted to comment, post content or suggestions, or ask questions (collectively, “Comments”). You agree that your Comments are not confidential, may be viewable both to other Website users and third party websites, and are our sole property.
By posting your Comments on our Website, you warrant you have the right to grant us an unrestricted, irrevocable, exclusive, royalty-free, transferable right and license to use, copy, publish, host, transmit and distribute your Comments for any lawful purpose, without notice, attribution to you, or compensation. You waive all moral rights in your Comments but retain all intellectual property rights in your Comments. You are responsible for your Comments and agree that we are not liable nor responsible for your Comments. You agree that we have sole discretion to remove any Comments that violate these Terms and Conditions.
In addition to the conditions outlined in the “Lawful Use of Website” section, you agree that:
You are the owner or have the necessary permission or licenses to any Comments you post on our Website or social media platforms.
Should you not have the right to all or any part of your comments, you agree we are not liable nor responsible for any misappropriation or infringement of any right in your Comments.
Copying, downloading, transmitting or distributing all or any part of your Comments will not infringe the intellectual property rights of any third party.
Your Comments do not violate the privacy rights of any third party.
Your Comments do not link to any material that violates any provision of these Terms and Conditions.
Your Comments do not in any way other than stated in these Terms and Conditions violate these Terms and Conditions or any applicable laws or regulations.
We may remove any Comments that violate our Terms and Conditions or any applicable laws and regulations, without any notice to you.
VIII. PRODUCTS AND SERVICES FOR SALE ON OUR WEBSITE
Products
All products for sale on our Website are subject to availability and we cannot guarantee a particular product will be available at any given time. Your electronic display of our products may not accurately reflect the details of our products. We cannot guarantee that descriptions and details about our products are accurate, adequate and complete. We reserve the right to discontinue products at any time, and our prices are subject to change at any time, even without notice. We also reserve the right to limit quantities of our products purchased per user. We reserve the right to refuse any order placed and correct any errors in pricing, even if we have already received payment from you.
Services
All services for sale on our Website are subject to availability. We make every effort to keep our Website and service offerings current, but we cannot guarantee a specific service will be available to you at any given time. We also cannot guarantee that descriptions and details about our services are accurate, adequate and complete. We reserve the right to change the pricing of our services at any time, or correct errors in pricing without prior written notice to you, even if you have already initiated payment to us or we have received payment from you. We also reserve the right to refuse or cancel any services order.
Fitness Programs
Courses on Teachable are available for lifetime of the course.
The following fitness programs in the Teambuildr app are available for lifetime of the program, but access to the Teambuildr app will expire outside of pregnancy, early postpartum, and active use of app:
-40-Week Prenatal Fitness Program IF entire program is purchased as a one-time payment OR all 9 payments for the monthly payments have been completed. Partial payments will require restarting the subscription. Accounts will be removed approximately one month after due dates, unless another program is purchased. Accounts can be recreated by emailing us at info@mamastefit.com.
-Postpartum Fitness Programs (16-Week Postpartum Return to Fitness, 16-Week C-Section Recovery Program, 16-Week Military Return to Duty, and 16-Week Return to Running Program) IF the entire program is purchased as a one-time payment OR all 4 monthly payments have been completed. Programs will be available in the Teambuildr app for 6 months after initial start date. Accounts will be reviewed at 6 months, and if the account is not active, the account will be removed from Teambuildr. If you want to restart a program, email us at info@mamastefit.com to restart your app access.
The following fitness programs in the Teambuildr app are NOT available for lifetime of the program access and are only available if you have an active subscription:
-Postpartum Olympic Weightlifting Program
-Monthly Subscription Strength Program
IX. PAYMENT TERMS
We accept PayPal, Stripe, and Teachable. Financial transactions are conducted through third party payment systems and are governed by third party payment systems’s terms and conditions. These terms and conditions are available on each payment processor’s website. By initiating a purchase of our products or services, you warrant that you have the authority and rights to use your payment method, you have provided accurate information so we can complete your purchase and contact you as needed, you authorize us to to charge your chosen method of payment, and you agree to pay all charges listed and any applicable shipping fees. By completing a purchase of our products or services on our Website, you release us and our third party payment processors from any claims and damages resulting from your purchase.
In completing your purchase, we and any third party payment processors may collect and process your personal information (see our Privacy Policy for more information on collection of personal information) in order to fulfill your purchase.
When you subscribe to one of our services, you will be billed at the time of purchase and then on that date every month subsequent, for a period of 9 months. After 9 months, your service will automatically cancel. Payment is due within 24 hours of invoice. You can cancel by emailing us at info@mamastefit.com
We reserve the right to cancel your service for nonpayment. In the event that we cancel your service, you will have access to the service for the remainder of the billing period in which you have paid.
X. RETURN/REFUND POLICY
All sales of products or services from this website are final. Our digital products are instant downloads and are not returnable. We do not issue any refunds.
XI. REVIEWS AND RATINGS
Our Website allows you to leave reviews of our products or services. By posting a review, you are granting us a non-exclusive, royalty-free assignable license to display, distribute, transmit, transform or otherwise use any content posted in your review. You agree that we may remove or reject reviews at our sole discretion. You also agree that reviews do not constitute endorsements by us or any of our third party affiliates or advertisers.
In addition to the terms outlined in “Lawful Use of Our Website,” your reviews:
Must be based on your personal experience with the item being reviewed
Must not be false or misleading.
XII. LINKING TO OUR WEBSITE
We permit you to link to our Website, provided that:
You attribute, indicating us as the proprietor, and providing a link to our Website
Your Website does not in any way promote or engage in unlawful conduct or conduct that violates the provisions of our Terms and Conditions herein
You agree not to frame our Website or otherwise alter its appearance
Your linkage to our Website is from a website you own all intellectual property rights to
You agree linking to our Website does not grant you a license to or any proprietary rights in our website.
Your linkage and any associated comments with that linkage do not suggest your linkage to our Website is an endorsement by us of your website or any products or services promoted by your website, and other third parties linked to your website, your website’s affiliates, and/or your website’s advertisers
Your linkage and any associated comments with that linkage do not suggest any form of association with us, without our prior written approval
You agree that you will remove any links to our Website immediately upon our request.
XIII. THIRD PARTY WEBSITES
Our Website may contain links to third party websites. If you choose to click on a third party website from our Website, you leave our Website and are no longer bound by our Terms and Conditions. We are not liable or responsible for any of the content, practices or conduct of any third party websites linked to our Website. We are not liable for any damages resulting from your use of a third party website linked to our Website.
XIV. NO JOINT VENTURE
Your use of this website does not in any way form a joint venture, partnership or agency relationship with this Website or MamasteFit.
XV. NO WARRANTIES
Your use of any information on or provided by this Website is voluntary and at your own risk. All information on this Website or by this Website, including any products or services, are on an “as is” basis. We make no representations or warranties of any kind, express or implied, as to the information, products and services provided on or through our Website. We disclaim all warranties, to the fullest extent permitted by law.
XVI. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, WE ARE NOT LIABLE NOR DO WE ACCEPT ANY RESPONSIBILITY FOR ANY LOSSES OR DAMAGES CAUSED BY OR RESULTING FROM YOUR USE OF OUR WEBSITE, PRODUCTS, AND SERVICES OFFERED FOR SALE BY US. BY USING OUR WEBSITE, PRODUCTS, AND SERVICES, YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTS DERIVED FROM THAT USE. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, ARISING OUT OF YOUR USE OF OUR WEBSITE, PRODUCTS, AND SERVICES.
BY USING OUR WEBSITE, YOU AGREE TO OUR LIMITATION OF LIABILITY AND RELEASE US FROM ALL CLAIMS.
XVII. INDEMNIFICATION
You agree to defend, indemnify and hold harmless, MamasteFit, our Website, our employees, successors, joint venture partners, and any other parties working with us, from any and all demands, claims, damages, losses, demands, actions, costs, expenses and judgments, arising out of your Comments, your use of our Website, your violation of any of our Terms and Conditions, and your breach of any of your obligations or warranties under the Terms and Conditions.
We will make reasonable efforts to notify you of any action subject to this indemnification.
XVIII. COPYRIGHT INFRINGEMENT
If you believe that our Website infringes on a copyright you own, please notify us at info@mamastefit.com.
XIX. TERM AND TERMINATION
You are bound by these Terms and Conditions as long as you continue to use our Website. If you have registered for a user account, you can contact us at info@mamastefit.com to terminate your user account. We reserve the right, without limiting any other provision in these Terms and Conditions, in our discretion, to deny anyone who violates any provision of these Terms and Conditions, or any applicable law or regulation, access to this Website at any time.
XX. INTERNATIONAL USERS
Our company is owned and operated in North Carolina in the United States of America and our Website and these Terms and Conditions are controlled by applicable laws in this jurisdiction. We do not represent or warrant that our Website, products, or services are available or appropriate outside of the United States of America. If you use this Website from a location outside of the United States of America, you agree to abide by your country’s applicable laws as they relate to accessing our Website.
XXI. DISPUTES, GOVERNING LAW, AND ARBITRATION
By using our Website, you waive your right to bring any claims arising out of your use of our website, products and services. In the event of a dispute, you consent to binding arbitration in North Carolina, USA.
If for any reason, any dispute is not resolved in arbitration, the dispute will be litigated in the courts of North Carolina here of USA.
XXII. SEVERABILITY
If any portion of these Terms and Conditions is deemed to be void or unenforceable, that portion is severable from these Terms and Conditions and does not impact the enforceability of the remainder of these Terms and Conditions.
XXIII. ENTIRE AGREEMENT
These Terms and Conditions, along with our Disclaimer and Privacy Policy, constitute the entire agreement between you and MamasteFit.
XXIV. CONTACT
If you have any questions about our Terms and Conditions policy, please contact us at: info@mamastefit.com.
MamasteFit
155 Allison Page Rd Suite B
Aberdeen NC 28315
Mamastefit.com
EFFECTIVE AS OF 11/24/2020
TERMS AND CONDITIONS FOR WEBINARS
I. INTRODUCTION
MamasteFit Weekly Webinars (“Program”) is offered by MamasteFit (“Company”). Program consists of the services, products, materials, content, courses, coaching, meetings, communication, and any other items Company is providing you, specific to your purchase, as a result of your purchase, as further outlined in Section IV, Program and Program Delivery. By purchasing Program, you as the purchaser of Program and participant in Program are agreeing to the following Terms of Use, which constitute a legally binding agreement between you and Company.
II. AGE AND ACCESS
You agree that you are 18 years of age or older. You acknowledge and understand that any information such as, but not limited to, usernames and passwords, that grant you access to Program, are unique to you. Sharing your Program log-in information will result in automatic termination from Program, as outlined in Section XVIII, Termination.
III. TERM
Program begins on live webinar dates (Sundays 12pm EST, Tuesdays or Thursdays 730pm EST) and concludes on 7 days after live webinar (“Term”).
IV. PROGRAM AND PROGRAM DELIVERY
Program consists of a 90 min webinar delivered via Zoom. The webinar recording will be emailed out following the live webinar and will be available for download for 7 days following the live webinar.
Company will also provide you access to digital materials for your personal use (“Program materials”). These materials will be emailed to you either before the live webinar or shortly afterwards with the recording.
If Company needs to change the date or time of a weekly Zoom webinar, Company will let you and other Program participants know as soon as possible.
During the Term, Company will be available to you via email, Monday through Friday, 9 am to 5 pm EST, and will respond to your emails during that period of availability within 24 hours, barring Company’s inability to respond to you within that time period, in which case Company will make every effort to inform you why Company is unable to respond within 24 hours. You will also have access to Company’s designated Facebook group, specifically for Program participants, for the duration of the Term. Company will participate in the Facebook group where feasible, Monday through Friday, during the hours of 9 am to 5 pm EST.
V. YOUR DUTIES AND RESPONSIBILITIES
You agree that your successful participation in Program requires that you attend the live webinar or view the recording.
You agree to communicate with Company honestly and promptly where necessary.
You agree to engage in the Program to the fullest extent possible.
You understand and agree that your degree of success in Program is dependent on your commitment and consistency.
You agree that you are solely responsible for implementing any techniques or changes recommended by Company.
You agree to act respectfully towards Company and other Program participants. You agree not to make any harassing, derogatory or demeaning comments to Company or about Company or Program participants in any Program forums, including Company’s webpage and all Company social media platforms.
You agree and understand that Program participants may share personal, sensitive, confidential information in various Program forums, including, not limited to, webinars and the MamasteFit Private Facebook group (facebook.com/groups/mamastefit). You agree to be respectful of all information disclosed by Program participants, and agree not to share this information to anyone outside of Program, at any time, for any reason.
VI. FEES
The total fee for the webinar is $35.
VII. PAYMENT TERMS
You have the option to pay for Program via Paypal or credit card through Company’s website, or through a third party payment processor. Payment is processed by third party payment processors governed by their own Terms of Use, and your personal information is processed in accordance with our Company Privacy Policy.
Payment in Full
You will pay Company in full prior to start of Program. You will not be enrolled in Program, nor have access to any Program materials, until Company has received your payment in full.
VIII. PAYMENT FAILURE
You will not have access to Program or any Program materials unless and until the full balance owed is paid.
IX. REFUND POLICY
Webinar is offered to you as is. No refunds will be issued for any reason. Webinar recording will be available for 7 days following the live webinar; you will have the option to either view the recording or download it within that timeframe, or you will lose access to the webinar. There are no refunds for failing to view or download the webinar with in the 7-day timeframe.
X. CHARGEBACKS
You agree that you shall not initiate any chargebacks via your payment provider. Any payments that are not refundable as outlined in these Terms and Conditions are final and may not be charged back. You are responsible for any fees associated with recouping payment and any associated collection fees.
XI. RELATIONSHIP OF PARTIES
You agree that your participation in Program does not create a partnership, joint venture, agency or employment relationship with Company.
XII. INTELLECTUAL PROPERTY
You agree that any Program materials and all content provided to you by Company is provided for your personal, informational, non-commercial use only. Content is owned by Company and protected by all applicable copyright and trademark laws. Any content, collectively hereafter “Content,” includes all:
Company website and social media content, including design, marks, photographs, client-only features, graphics, text, videos and all other media and source code
All digital downloads or other materials, digital or non-digital (materials include but are not limited to, text, photos, graphics, video) created by Company
Any other form of Company-created information available to you immediately prior to Program and during Program.
Company grants you a limited, revocable, non-transferable license to access Content and print and download Content where expressly allowed by Company, for your personal, non-commercial use.
You are not permitted to duplicate, reproduce, sublicense, share, reassemble, upload, change, post, transmit, transfer, distribute, sell, license, display, republish, create derivative works of or alter Content in any way.
XIII. PROGRAM AND WEBSITE INTERRUPTIONS
Company cannot guarantee that our website, and the Program materials available on and through Company’s website, will be available at all times. Company may experience technical problems, or Company’s website may be temporarily down for maintenance purposes, that may result in your inability to use Company’s website. You agree that we are not liable or responsible for any damages stemming from your inability to access our website.
XIV. DISCLAIMER
Program is not business, financial, legal, medical, health or other professional advice. You agree that your participation in Program is not a substitute for consultation with and/or treatment by an appropriate professional. All information offered through Program, Program materials, and Content is for informational purposes only and should be used at your own risk.
Medical Disclaimer
Information given by Company in Program, whether through Program materials, Content, during live calls, or at any other time during Program, is not medical advice. It is not intended to diagnose, treat or prevent disease. Any information provided by Company is not intended to be a substitute for medical advice, and Company encourages you to use any information provided by Company only in consultation with a medical professional. Any supplements, treatment plans, services, nutrition suggestions or lifestyle changes, or any other information recommended by Company is not medical advice, should not be considered medical advice, and is not a substitute for consultation with an appropriate medical professional.
Company makes no representations as to any physical, emotional, or mental health benefits that may be derived from your participation in Program. We are not responsible or liable for any of your health decisions directly or indirectly related to the information provided in Program, nor are we responsible for any damages from the use or misuse of information provided in Program. You are solely responsible for any decisions you make from the information provided in our Program.
You agree each individual is different, and Company cannot and does not guarantee any recommended product, service, or other recommended by Company to you during the Term will also work for you. You understand and agree that any testimonials, examples, or other results presented by Company on Company’s webpage, marketing materials, social media platforms, or any other forum are the experiences of one Program participant. You understand and agree Company does not represent or guarantee in any way that you will achieve the same or similar results.
Other Professional Disclaimer
Program, Program materials, and Content are not business, financial, or legal advice, and should not be construed or relied on as such. The information provided in Program, Program materials, and Content is intended only for informational purposes. It is not a substitute for consultation with a relevant professional. You are advised to consult with a relevant professional if you have any questions. By purchasing Program and/or using Program materials and Content, you acknowledge and agree you are solely responsible for your results.
You understand and agree that Company does not make any representations or guarantees as to any possible income, business growth, sales, additional clients, or any other earnings or growth benefits that may be derived directly or indirectly from your participation in Program. You agree that Company is not liable for the results of any decisions you make as a result of your participation in Program or from the Program materials and/ or Content provided by Company.
You agree each individual is different, and Company cannot and does not guarantee any recommended product, service, or other recommended by Company to you during the Term will also work for you. You understand and agree that any testimonials, examples, or other results presented by Company on Company’s webpage, marketing materials, social media platforms, Program, Program materials, Content, or any other forum, are the experiences of one participant. You understand and agree Company does not represent or guarantee in any way that you will achieve the same or similar results.
XV. WARRANTY
Except as where otherwise indicated herein, Program and Content provided by Company are “as is.” Company makes no representations or warranties of any kind, express or implied, as to the Program, Program materials, or Content. You understand and agree that all individuals are different, and Company makes no guarantees or warranties regarding any results you may or may not experience from participation in Program and/or the use of Program materials and Content provided. Company disclaims all warranties to the fullest extent permitted by law.
XVI. NO TRANSFER OR ASSIGNMENT
You cannot transfer your position as a participant in Program without prior written approval from Company. If you are purchasing Program for someone else, you must contact Company at info@mamastefit.com as the person you are purchasing Program for must agree to these Terms of Use before beginning the Program and/or receiving any Program materials.
XVII. MODIFICATION
You agree that Company may modify these Terms of Use at any time. If Company modifies these Terms of Use, Company will notify you of these modifications in writing as soon as is reasonably possible.
XVIII. TERMINATION
Company endeavors to provide you with a positive experience through Program. However, by purchasing Program, you agree that Company, at its sole discretion, may terminate your participation in Program and access to any and all Program materials without refund of any money paid by you if you:
Fail to pay amount due even after Company’s assessment of late fees
You are derogatory, defamatory, abusive, uncooperative and/or fail to follow Program guidelines
Share personal, private information shared in confidence by Program participants in a Program forum, outside of Program forum
Share your Program log-in information with another person so they can access Program and/or Program materials
Any other behavior that violates these Terms of Use, at Company’s sole discretion.
You agree that should Company terminate your participation in Program due to any of the above conditions, you are still liable to Company and responsible for the remainder of the cost of the Program as outlined in Section IX of these Terms of Use.
XIX. LIMITATION OF LIABILITY
To the fullest extent allowed by law, Company is not liable and does not accept responsibility for any losses or damages caused by or resulting from your purchase of or participation in Program, or your use of Program materials and/or Content. By participating in Program and using Program materials and Content, you agree that that you are solely responsible for any results derived from said participation and use. You assume any and all risks. You agree that Company is not liable for any direct, indirect, consequential, punitive, or any other damages, arising out of your purchase of or participation in Program and your use of Program materials and/or Content, even if Company has been advised of the possibility of such damages.
You agree to this limitation of liability and release Company from all claims.
XX. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Company and any parties working for or associated with Company (including, but not limited to, employees, agents, contractors, subsidiaries, partners, affiliates, successors, assigns; collectively, “Company’s Affiliates”), from any and all actions, claims, damages, fees and expenses, including attorney’s fees, arising out of your purchase of Program, delivery of Program, your participation in Program, your use of Program materials, your use of Content, or your use of any other information provided in any form by Company or Company’s Affiliates to you during Term. You shall defend Company and Company’s Affiliates in any legal actions pursuant to or arising out of these Terms of Use. You agree that neither Company nor Company’s Affiliates are personally liable for any representations or actions of Company or Company’s Affiliates.
By payment for and in consideration of your participation in Program, you agree to waive, discharge, release, defend, indemnify and hold harmless Company and Company’s Affiliates from any actions, causes of action, claims, demands, costs, fees, expenses or damages, in law or equity, arising from your purchase of and participation in Program, and delivery of the Program.
XXI. GOVERNING LAW/DISPUTE RESOLUTION
In the event of a dispute between you and Company that cannot be resolved amicably, you agree to binding arbitration in North Carolina in the United States of America. If for any reason any dispute is not resolved in arbitration, the dispute will be litigated in the courts of North Carolina in the United States of America.
XXII. FORCE MAJEURE
Company will not be liable for failure or delay in the delivery of Program for the period that said failure or delay is beyond Company’s reasonable control, materially affects the ability of Company to deliver all or any part of Program in any way, and could not reasonably have been foreseen. Force majeure events contemplated include but are not limited to fire, flood, pandemic, hurricane, acts of God, and acts of governmental action prohibiting or impeding Company’s ability to deliver any aspect of Program.
XXIII. SEVERABILITY
If any portion of these Terms of Use is deemed to be void or unenforceable, that portion is severable from the Terms of Use and does not impact the enforceability of the remainder of these Terms of Use.
XXIV. ENTIRE AGREEMENT
These Terms of Use and any policies given to you as part of your participation in Program constitute the entire agreement between you and Company with respect to Program. These Terms of Use supersede any prior communications or agreements between you and Company.
Updated 3/8/2022