Terms & Conditions:
Live Unbreakable, LLC
This website is operated by Live Unbreakable, LLC. Your access to and use of this website is subject to the following terms and conditions. Please read the terms and conditions carefully. For the purpose these Terms and Conditions, the following shall mean:
a. “Provider,” “We,” “Us,” or “Our” shall refer to Live Unbreakable, LLC.
b. “Product(s)” shall refer to the products or items or activities offered for sale on the Service.
c. “Service” shall refer to the access to and use of the Website, including the purchase of Products therefrom.
d. “Terms and Conditions” and “Terms or Service” and “Terms” shall mean these Terms and Conditions that form the entire agreement between you and the Provider regarding the use of the Service.
e. “Website” shall refer to [INSERT URL].
f. “You” and “Your” shall mean the individual accessing or using the Service, or the Provider, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
▸SECTION 1 – ONLINE STORE TERMS The Provider hereby grants You permission to access and use the Website subject to these Terms and Conditions and all applicable laws. In consideration for making the Service available to You, You agree to comply by these Terms and Conditions.
You agree to access and use the Service solely for Your personal use for the purpose of shopping for Products sold on the Website. You agree not to use the Service for any other purpose including, but not limited to, the commercial or financial gain of You or any third person. You understand and agree that Your use of the Service solely for the purpose of shopping for Products sold on the Website is material to these Terms and Conditions, and any use of the Service for any other purpose, including, but not limited to, commercial or financial gain, shall be a material breach of these Terms and Conditions. You further understand and agree Provider may pursue any legal or equitable remedy available at law for any such material breach and regardless of whether Provider has terminated your right to use the Service.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.
▸SECTION 2 – GENERAL CONDITIONS
During Your use of the Website, You may decide to participate in a Live Unbreakable Service that includes in-person or online personal training program, nutrition or dietary advice program or other fitness program (collectively referred to herein as a “Training Program”). You are aware that Your participation in a Training Program is inherently risky and use of any equipment, gym or fitness facility may result in accident or injury and that any change in diet or nutrition may result in positive or adverse changes to your body and overall health or medical condition. Therefore, before participating in any Training Program, You agree to provide certain information regarding your health to Provider and to sign a written Training Agreement between You and Provider. The Training Agreement sets out the rights and responsibilities of You and Provider arising out of or in connection with Your participation in a Training Program, including, but not limited to, requiring You to acknowledge the inherent risk that comes with Your participation in a Training Program, and for You to assume that risk. Therefore, You are giving up substantial rights by signing the Training Agreement and You agree to review the entire Training Agreement carefully and to consider the language contained therein prior to signing the Training Agreement. To the extent that there is a conflict between these Terms herein and the Training Agreement, the Training Agreement shall be resolved in the following order of priority: (1) Training Agreement; and (2) Terms of Service.
▸SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Provider does not guarantee any measurable benefit of any Service and actual results may vary. Provider makes no warranty of any kind, express or implied, regarding the effectiveness, reliability, accuracy, or quality of any provided Service. Provider disclaims any warranty of merchantability or fitness for a particular purpose. All information and insight provided during the provision of a Service is only a guide and should not replace advice from any industry experts, including but not limited to, medical doctors, psychotherapists, physical therapists. No oral advice or written information given by Provider, its employees, representatives, or agents, shall replace the advice of medical doctors, psychotherapists, physical therapists, or similar professional, create or expand any warranty or representation, or entitle me to rely upon any such information or advice.
▸SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
▸SECTION 5 – PRODUCTS OR SERVICES
Certain Services may be available exclusively online through the Website. These Services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Service that we offer. All descriptions of Products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any Service made on this site is void where prohibited. We do not warrant that the quality of any Service, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
▸SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
▸SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools, ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
▸SECTION 8 – THIRD-PARTY LINKS
Certain content, Products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, Products, or Services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party Products should be directed to the third-party.
▸SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
▸SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Click to view our Privacy Policy.
▸SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
▸SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
▸SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Provider, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of Service or any Products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
▸SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Provider and our parent, subsidiaries, affiliates, officers, directors, agents, Service providers, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party .
▸SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
▸SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). In the event of termination, You understand and acknowledge that You are no longer authorized to access or use the Service.
▸SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
▸SECTION 18 – GOVERNING LAW AND FORUM SELECTION
Any dispute arising from or in connection with these Terms and Conditions shall be governed by the laws of the State of North Carolina, without respect to its conflict of laws principles. For any legal or equitable dispute arising from or in connection with these Terms and Conditions, You and Provider agree any such legal or equitable dispute shall be commenced ONLY in the Courts of the State of North Carolina sitting in Wake County, or to the extent allowed by federal law, the United States District Court of the Eastern District of North Carolina, and any appellate court from any thereof, and each of the parties hereto, it being the clear intent of You and Provider to consent to such jurisdiction.
▸SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
▸SECTION 20 – REFUNDS AND RETURNS
Due to the sharing of intellectual material there are no refunds or returns on any Service or any Training Program on this website. Individuals registering for online coaching packages must complete all weeks by the expiration date of the training package. All personal training packages expire six (6) months from the date of purchase. All packages are non-refundable, but may be transferable on a case-by-case basis. Please contact your specific trainer for more information regarding the transferability of any training package.
▸SECTION 21 – INTELLECTUAL PROPERTY
All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to Provider, or its affiliates. The collection, arrangement, and assembly of all Content on the Service (the “Compilation”) belongs exclusively to Provider or its affiliates. All software used on the Service (the “Software”) is the property of Provider, its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. Stroud Braided Rugs, other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Provider, its affiliates, suppliers, or third parties. The use of any of Provider’s trademarks or service marks without Provider’s express written consent is strictly prohibited. You may not use Provider’s trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use Provider’s trademarks or service marks in any manner that disparages or discredits Provider. You may not use any of Provider’s trademarks or service marks in meta tags without prior written consent.
▸SECTION 22 – Waiver of Class Action Lawsuit
By using the Website or any Service offered therein, you agree to resolve any claim or dispute arising between You and Us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against Provider or its affiliates related to any claim, dispute or controversy arising from your use of the Website or Service. Where applicable, you hereby agree to opt out of any class proceeding against Provider otherwise commenced. The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
PARTICIPANT HAS CAREFULLY READ AND UNDERSTANDS THE CONTENTS OF THIS BINDING WAIVER AND RELEASE WITH FULL KNOWLEDGE OF ITS LEGAL SIGNIFICANCE.