Terms and Conditions
NANCY ANDERSON FITNESS
TERMS OF SERVICE
LAST MODIFIED ON OCTOBER 20, 2020
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
This Terms of Service (the “Agreement”) is a legal agreement between You as an individual (“You”)
and Nancy Anderson Fit LLC., a Texas limited liability company (“NA Fitness”, “Us”, “We” or
“Our”). It governs Your access to, conduct in, and other terms and conditions relating to Our operation
and Your use of our Service, which includes, but is not limited to: (i) our websites, including, but not
limited to https://www.nancyandersonfit.com/ ; (ii) virtual resources, goods, and services; and; (iii) other
elements that may be added from time to time.
This Service is provided by NA Fitness and certain rights and privileges regarding your use of the
Service belong to the NA Fitness and are described below in this Agreement.
By using the Service, You agree to be bound by the terms of this Agreement. This Agreement represents
the entire agreement concerning the Service between You and 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.
1.1. 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.
updated from time to time, at which point we may give notice via a notification on our app or Your
email. Any continued use of this Service will then be considered acceptance of those updated Terms
2. GRANT OF LICENSE
The service is licensed to You by NA Fitness for personal, noncommercial use on Your phone, tablet,
or other authorized devices. You must be 18 or older to use this Service unless with the permission of a
parent or legal guardian unless you are a resident of the European Union. European residents must be
age 18, or such age required by the law in your jurisdiction. All other uses are prohibited.
3. USER CODE OF CONDUCT
3.1. Your Conduct As A User Of The Service. You are solely responsible for Your conduct as a
member of the community and as a user of the Service.
You represent, warrant and agree that You will not engage in conduct or communication (written,
verbal, or nonverbal), either Yourself, or by or through Your username(s), which:
o restricts, inhibits, or discourages any other user from using the Service or contains a virus
or other harmful component;
o collecting usernames, email addresses, and/or any other personal information for the
purpose of sending spam and/or unsolicited email for any other commercial endeavor not
approved by NA Fitness;
o violates any local, state, federal or international laws or gives rise to civil liability;
o imposes an unreasonable or disproportionately large load on the app or otherwise
interferes with the app;
o is a chain letter, or constitutes junk mail;
o specifies or claims that that You are affiliated with Us as an employee or agent when You
o requests account login information from other Users;
o uses or possesses programs to “crack” the App or other Internet security tools;
o uploads files that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files or data, or any other similar software or programs that may damage or
inhibit the operation of the Service;
o restricts or inhibits any user from using and enjoying the Service; or
o anything else that the NA Fitness in its sole determination deems harmful to the Service
or to the integrity of the NA Fitness.
3.2. Suspension of Users. We may, at our sole discretion, immediately suspend or terminate Your
access to the Service should Your conduct, in our sole determination, fail to conform with this
3.3. Deletion of Content. At any time, NA Fitness reserves the right to delete Content for any reason
at any time. We do not monitor content, and assume no responsibility for monitoring the Service for
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
4.1. Maintenance of Copyright and Trademark Notices. You agree not to remove or alter any
copyright or trademark notices that appear anywhere within the Service.
4.2. Distribution. The license granted hereunder is non-transferable. The Service is licensed for Your
use only and only on a personal computer or other authorized device. You may not distribute the
Service to any third party.
4.3. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse
engineer, decompile, or disassemble the Service, or take any steps to recreate of recover the source
code of the Service and waive any right to do so.
4.4. Rental. You may not rent, lease, or lend the Service, or offer it for any commercial use
4.5. Account Ownership. You may not buy, sell, give, or trade any account using our service, nor
attempt to buy, sell, give, or trade any account using our service.
4.6. User Privacy. You agree that there is no expectation of privacy in connection with Your
interactions with other users in and through the Service. NA Fitness will fully cooperate with law
enforcement and other governmental entities in policing the content of the Service. If You are under
the age of 21, NA Fitness reserves the right to release transcripts of Your chats, or other intra-Service
communication, to Your parents, guardian, or other adult authority figure(s).
4.7. Support Services. NA Fitness may in its sole discretion provide You with support services related
to the Service (“Support Services”). NA Fitness is not required to provide Support Services unless
otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services
will be a default of NA Fitness under this Agreement. Any supplemental software code provided to
You as part of the Support Services will be treated as part of the Service, as between You and NA
Fitness will be and remain the sole property of NA Fitness, and will be subject to the terms and
conditions of this Agreement.
NA Fitness support may be reached by contacting us via email at
4.8. Compliance with Applicable Laws. You will fully comply with all applicable laws regarding
use of the Service.
The term of this Agreement will commence upon download of the Service and will continue for so long
as You have in Your possession or control any copies of the Service. Without prejudice to any other of its
rights, NA Fitness may unilaterally terminate or modify this Agreement at any time and for any reason or
for no reason, with no notice to You.
For example, but not in limitation, NA Fitness may elect to terminate this Agreement and Your rights in
connection with the Service if NA Fitness, in either’s sole determination, discontinues the Service, stops
supporting or maintaining the Service, ceases to provide updates, no longer offers the Service for license,
or believes You have failed to comply with the terms and conditions of this Agreement.
In the event of termination arising as a result of discontinuation of the Service by NA Fitness, no refunds
will be given for the licensing of the Service. In the event of termination arising from Your failure to
comply with the terms of the Agreement: (i) no refunds will be made; and (ii) You must promptly
destroy, uninstall, or delete all copies of the Service in Your possession. If modification of the Agreement
by NA Fitness materially affects Your rights in connection with the Service, which determination will be
made by NA Fitness in its sole discretion, NA Fitness may, but is under no obligation to, notify You by
sending an email message to Your last email address known to NA Fitness or through the Service. NA
Fitness will have no liability if You do not receive NA Fitness’s notification.
Termination of this Agreement by You can only occur after the deletion of all copies of the Service in
Your possession, and by deleting Your account (if any) by notifying customer support at
6. PROPRIETARY RIGHTS IN CONTENT ON THE SERVICE
6.1. Ownership Of Posts Within The Service. Subject to Section 6.2 below, the content which
may be accessed through use of the Service is the property of the NA Fitness and may be
protected by applicable copyright, trademark or other intellectual property laws and treaties.
6.2. Ownership Of Posts By Users. NA Fitness does not claim ownership rights in the materials You
post to the Service. Such materials include written text, lyrics, poetry, works of authorship or other
materials. After posting Your Content to our Service, You continue to retain all ownership rights,
and grant NA Fitness a perpetual license to use, modify, publicly perform, publicly display,
reproduce, and distribute such Content through the Service and any social media accounts or public
relation efforts managed or controlled by either NA Fitness.
6.3. Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof
and believe that any Content infringes upon your copyrights, you may submit a notification pursuant
to the Digital Millennium Copyright Act (“DMCA”) to us at firstname.lastname@example.org with the
following information in writing (see 17 U.S.C 512(c)(3) for further detail):
o A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
o Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site;
o Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled and
information reasonably sufficient to permit the service provider to locate the material;
o Information reasonably sufficient to permit the service provider to contact you, such as
an address, telephone number, and, if available, an electronic mail;
o A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
o A statement that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
7.1. Payment Forms. The Service may be provided in single installments or through membership
fees, depending on the products or services desired by You.
7.2. Membership Fee. The Membership Fee for the service or any other charges You may incur in
connection with Your use of the service, will be charged on a monthly basis to Your payment method
on the calendar day corresponding to the commencement of the paying portion of Your membership
until Your membership is 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 Your
respective App Store. We may authorize Your payment method in anticipation of the membership or
service related charges, including authorizing it up to one month of service as soon as You register.
We reserve the right to change the membership fee at any time.
7.3. Payment Methods. To use the service, You agree to provide us with one or more Payment
Methods, including, but not limited to, billing through a third party servicer. If You provide an
alternative method for billing, We reserve the right to bill those methods in case the primary method
is declined. In the case that a payment is not settled for any reason and You have not cancelled the
subscription, we reserve the right to terminate or suspend Your access to the Service till payment is
made. If, for any reason, all your payment methods are declined, we are not responsible for the
subsequent suspension or cancellation of the service.
7.4. Cancellation. You can cancel Your membership at any time, and You will continue to have
access through the end of Your applicable monthly billing period. We do not provide refunds or
credit for any partial-month membership periods.
8. NO WARRANTIES
NA Fitness expressly disclaims any warranty in, to, or for the Service. The Service 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 CONTINUOUS
The entire risk associated with operation of the Service is assumed by You. NA Fitness does not warrant
or assume responsibility for the accuracy or completeness of any information, text, graphics, links or
other items contained within the Service. NA Fitness makes no warranties respecting any harm that may
be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer
program. NA Fitness further expressly disclaims any warranty or representation to any third party who
may operate or otherwise utilize the Service. NA Fitness cannot guarantee the integrity of the Service or
that it will be free from attacks by third parties that may result in incomplete or erroneous results from
operation, or damage to hardware devices in which the Service is loaded and operating.
9. CONTENT DISCLAIMERS
9.1 WE ARE PROVIDING THE SERVICE AND ANY ASSOCIATED SUPPLEMENTAL
MATERIALS, INCLUDING, BUT NOT LIMITED TO E-BOOKS AND ON-DEMAND
LECTURES (COLLECTIVELY THE "MATERIALS"), SOLELY FOR GENERAL
EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE MATERIALS HAVE BEEN
PREPARED BASED UPON OUR GENERAL EDUCATIONAL BACKGROUND AND OUR
PRACTICAL EXPERIENCES WITH OUR NUMEROUS CLIENTS OVER THE YEARS. THE
SERVICE AND MATERIALS HAVE NOT BEEN EVALUATED BY THE UNITED STATES
FOOD AND DRUG ADMINISTRATION NOR ANY OTHER GOVERNMENTAL AUTHORITY.
WE ARE NOT PHYSICIANS AND WE ARE NOT LICENSED AS A NUTRITIONIST OR
DIETICIAN. DO NOT DISREGARD ANY RECOMMENDATIONS THAT YOUR HEALTH
PROFESSIONAL HAS GIVEN TO YOU. IF YOU START TO SUFFER ANY HEALTH ISSUES
AFTER USING THE SUGGESTIONS IN THE MATERIALS, PLEASE SEE YOUR HEALTH
PROFESSIONAL IMMEDIATELY. THE INFORMATION IS BEING PROVIDED ON AN “AS
IS” BASIS. WE ARE NOT MAKING ANY REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE MATERIALS. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, WE ARE DISCLAIMING ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO
CIRCUMSTANCES ARE WE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING
IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED VIA THE
SERVICE OR THE USE OF THE MATERIALS. BY PROCEEDING WITH THE MATERIALS,
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR AFFILIATES
FROM AN AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, CLAIM AND EXPENSE,
INCLUDING REASONABLE ATTORNEY’S FEES, ARISING FROM YOUR USE OF THE
MATERIALS, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS. IN NO EVENT
SHALL OUR LIABILITY EXCEED THE PRICE YOU PAID FOR THE MATERIALS. AS YOU
KNOW, WE HAVE NOT MET YOU AND ARE NOT AWARE OF ANY SPECIFIC MEDICAL
CONDITION THAT YOU MAY HAVE. WE ARE NOT PROVIDING MEDICAL ADVICE TO
YOU OR SUGGESTING ANY MEDICAL TREATMENTS FOR ANY CONDITIONS THAT YOU
MAY HAVE. THE SERVICE AND MATERIALS SHOULD NOT BE USED TO DIAGNOSE OR
TREAT ANY ILLNESS THAT YOU MAY HAVE. IF YOU HAVE ANY SPECIFIC HEALTH
CONCERNS, YOU SHOULD CONSULT WITH YOUR MEDICAL PROFESSIONAL AND
SHOULD NOT TREAT YOURSELF. ALTHOUGH WE ANTICIPATE THAT WE WILL
PERIODICALLY UPDATE THE SERVICE AND MATERIALS, WE HAVE NO OBLIGATION
TO UPDATE THE MATERIALS ON ANY SPECIFIC SCHEDULE AND IN FACT WE MAY
STOP UPDATING THE MATERIALS AT ANY TIME. WE HAVE NO OBLIGATION TO
NOTIFY YOU OF ANY UPDATES OF THE SERVICE AND MATERIALS. WE DISCLAIM ANY
RESPONSIBILITY FOR THE SERVICE AND/OR MATERIALS TO COMPLY WITH UPDATES
AND/OR CHANGES. IN ANY HARDWARE OR OPERATING SYSTEMS THAT YOU MAY
USE TO ACCESS THE SERVICE OR MATERIALS. THE SERVICE OR MATERIALS MAY
CONTAIN HYPERLINKS TO OTHER SOURCES. WE DO NOT MAKE ANY
REPRESENTATIONS OR WARRANTIES AS TO THE HYPERLINKS (INCLUDING, WITHOUT
LIMITATION, WHETHER THE HYPERLINKS IN THE MATERIALS WILL CONTINUE TO
EXIST AND/OR REMAIN AVAILABLE WITHOUT THE PAYMENT OF ANY FEES). YOU
ARE AGREEING TO ASSUME ANY AND ALL RISKS ASSOCIATED WITH THE
SUGGESTIONS IN THE MATERIALS. YOU REPRESENT THAT YOU HAVE READ AND
AGREED TO THESE TERMS AND CONDITIONS AT ALL TIMES WHILE USING THIS
9.2 PLEASE NOTE THAT THE SERVICE CONTAINS CONTENT CREATED BY THIRD
PARTIES, AS WELL AS MESSAGE BOARDS, AND INVOLVES VITRUAL INTERACTIONS
WITH THIRD PARTIES. 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.
9.3 WHO SHOULD USE THE SERVICE
a. You must be at least 18 years of age to access the Service.
b. The information offered via the Service and Materials is intended for people in good
health. The information provided via the Service and Materials is not intended to be a
substitute for consultation with your health professional. You need to consult your health
professional before making major changes in your lifestyle or proceeding with the
suggestions in the Materials with respect to dietary and exercise especially if you have
any medical problems of any nature. Even if you have no known health problems, if your
health professional recommends against following with the suggestions in the Materials,
you should do what your health professional recommends.
c. The suggestions offered in the Materials are intended for use by individuals who do not
have food allergies, sensitivities, dietary restrictions or requirements. If you have food
allergies or if you believe you may be sensitive to ingredients in any of the recipes that
we are suggesting, you should only proceed after consulting your health professional.
Regarding any supplemental products suggested in the Materials, if they conflict with any
dietary restrictions or requirements you have, you should proceed only after consulting
your dietician or health professional. In this regard, please remember that individuals may
develop sensitivities to various ingredients or products as they get older. If you have any
doubt as to whether you are sensitive to an ingredient or products, you should not proceed
with the suggestions until after consultation with your health professional or dietician.
Furthermore, please keep in mind that different individuals have different dietary needs
that may not be met by the suggestions in the Materials. You should only proceed with
the suggestions after consultation with your health professional or dietician.
d. If you are pregnant, think you are pregnant, or plan to become pregnant, you should
consult with your health professional. The Materials have been created for healthy
women with no known history of complications in pregnancy or subjection to heightened
risks during pregnancy. If your health professional recommends against following the
suggestions in the Materials, you should do what your health professional recommends.
While the Materials are created with a healthy pregnancy in mind, we are not a doctor,
reproductive specialist or licensed nutritionist, nor medical professional of any kind and
have not examined you personally, and do not know the details of your pregnancy or
10. LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY, OR ANY THIRD PARTY INVOLVED IN PROVIDING THE
SERVICE (COLLECTIVELY "THE PROVIDERS"),BE LIABLE TO YOU FOR ANY DAMAGES
(INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST
INFORMATION) RISING OUT OF USER ACTIONS, USER COMMENTS, YOUR USE OF, OR
INABILITY TO USE, THE SERVICE, OR THE USE OR INABILITY TO USE THE SERVICE BY
ANY THIRD PARTY THAT MAY HAVE ACCESS TO THE SERVICE BY OR THROUGH YOU,
EVEN IF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND WITHOUT REGARD TO WHETHER SUCH DAMAGES, OR CLAIMS OF DAMAGES ARISE
BASED IN CONTRACT, TORT OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, THE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO USE THE SERVICE.
COMPANY, HAS NO LIABILITY WITH RESPECT TO USER CONDUCT, THE CONTENT OF
THE SERVICE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, ERRORS OR
OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY,
PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS
OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
THE LIMITATION OF LIABILITY SET FORTH HEREIN MAY NOT BE ENFORCEABLE IN
CERTAIN JURISDICTIONS, OR UNDER CERTAIN CIRCUMSTANCES, AS A MATTER OF
LOCAL LAW, AND IS NOT INTENDED TO REPLACE OR SUPERSEDE LOCAL LAW.
You acknowledge that we have not reviewed the content of all sites linked to or from the Service and
that we are not responsible for the content of any of those sites and do not take responsibility for them or
YOU AGREE TO INDEMNIFY AND HOLD US, AND OUR DIRECTORS, OFFICERS,
EMPLOYEES, AND REPRESENTATIVES HARMLESS FROM ANY AND ALL LOSSES
(INCLUDING, BUT NOT LIMITED TO, ATTORNEY FEES) RESULTING FROM ANY CLAIMS
THAT YOU ASSERT, OR MAY ASSERT, BASED ON OR RELATING TO YOUR USE, OR THE
USE OF ANY INDIVIDUAL USING YOUR PASSWORD, OF THIS SERVICE. YOU FURTHER
AGREE TO INDEMNIFY AND HOLD US, AND OUR DIRECTORS, OFFICERS, EMPLOYEES,
AND REPRESENTATIVES HARMLESS FROM ANY AND ALL LOSSES RESULTING FROM
CLAIMS OF THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY FEES) THAT
RESULT IN WHOLE OR IN PART FROM VIOLATIONS BY YOU, OR ANY INDIVIDUAL
USING YOUR PASSWORD, OF ANY OF THE TERMS OF THIS AGREEMENT.
NA Fitness reserves the right to track and report Your activity inside the Service and our other software
applications for analytical purposes. NA Fitness cautions You against giving out any personally
identifying information about Yourself, Your children, or any other person in the Service. In an effort to
preserve Your privacy, NA Fitness agrees that it will treat any personally identifying information that
14. DISCLOSURES REQUIRED BY LAW
NA Fitness reserves the right at all times to disclose any information, including personally identifiable
information about You, as necessary to satisfy any applicable law, regulation, legal process or
governmental request. NA Fitness reserves the right to fully cooperate with any law enforcement
authorities or court order requesting or directing NA Fitness to disclose the identity of anyone publishing
or otherwise making available any materials that are believed to violate this Agreement.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD
COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY
COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW
15. DISPUTE RESOLUTION AND GOVERNING LAW
Except to the extent that the applicable laws and regulations of Your jurisdiction mandate otherwise, this
Agreement is governed by and will be construed under the laws of Texas without regard to its conflict of
law provisions and, except as noted below in Section 16,
You agree to submit to the exclusive jurisdiction of the courts Texas to resolve all disputes related
to this Agreement.
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO
TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL
PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE
OF THE SERVICE OR THE TRANSACTIONS CONTEMPLATED HEREBY.
16. BINDING ARBITRATION
16.1. Arbitration Procedures. You and NA Fitness agree that, except as provided in Section 16.5
below, all disputes, controversies and claims related to this Agreement (each a “Claim”), will be
finally and exclusively resolved by binding arbitration, which may be initiated by either party by
sending a written notice requesting arbitration to the other party. Any election to arbitrate by one
party will be final and binding on the other. The arbitration will be conducted under the Streamlined
Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated
(the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict
between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in
this Binding Arbitration Section will control and prevail.
16.2. Except as otherwise set forth in Section 16.5 below, You may seek any non-injunctive remedies
available to You under federal, state or local laws in an arbitration action. As part of the arbitration,
both You and we will have the opportunity for discovery of non-privileged information that is
relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision
regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the
arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration will be
governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as
otherwise provided in this Agreement, (i) You and COMPANY may litigate in court to compel
arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the
award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties
and enforceable in any court that has jurisdiction, provided that any award may be challenged if the
arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU
AND 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 parties
agree to video, phone and/or internet connection appearances.
16.4. Limitations. You and COMPANY agree that any arbitration will be limited to the Claim
between COMPANY and You individually. YOU AND COMPANY AGREE THAT (A) THERE IS
NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-
ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT
OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED
REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO
ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.
16.5. Exceptions to Arbitration. You and COMPANY agree that the following Claims are not subject
to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to
enforce or protect, or concerning the validity of, any of Your or COMPANY’s intellectual property
rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or
unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may
assert an individual action in small claims court for Claims that are within the scope of such court’s
jurisdiction in lieu of arbitration with the other party’s consent.
16.6. Arbitration Fees. The party seeking the Claim is responsible for the initial fees to JAMS. All
other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
16.7. Severability. You and NA Fitness agree that if any portion this Section is found illegal or
unenforceable, except any portion of Section 16.5, that portion will be severed and the remainder of
the Section will be given full force and effect. If Section 16.5 is found to be illegal or unenforceable,
then neither You nor NA Fitness will elect to arbitrate any Claim falling within that portion of this
Section found to be illegal or unenforceable and such Claim will be exclusively decided by a court of
competent jurisdiction within the City of Dallas, Texas and You and NA Fitness agree to submit to
the personal jurisdiction of that court.
17. MISCELLANEOUS TERMS
17.1. Entire Agreement. This Agreement constitutes the entire agreement between You and NA Fitness
and governs the terms and conditions of Your use of the Service, and supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between You and
NA Fitness with respect to the Service. Notwithstanding the foregoing, You may also be subject to
guidelines, or rules that may apply when You use or purchase certain elements of the Service, Affiliate
or advertiser services, third-party content or third-party software.
17.2. Contact. By Your consent in this Agreement, NA Fitness may contact You for any of the
following, by example and not by limitation: information You provided in relation to billing;
responses to user inquiries; order processing; promotions; or in requesting feedback.
17.3. No Waiver. The failure of NA Fitness to exercise or enforce any right or provision of this
Agreement will not operate as a waiver of such right or provision. Any waiver of this Agreement
by NA Fitness must be in writing and signed by an authorized representative of NA Fitness.
17.4. Local laws. NA Fitness makes no representation that content or materials in the Service are
appropriate or available for use in jurisdictions outside the United States. Access to the Service from
jurisdictions where such access is illegal is prohibited. If You choose to access the Service from
other jurisdictions, You do so on Your own initiative and are responsible for compliance with
applicable local laws. NA Fitness is not responsible for any violation of law. You further agree to
comply with all applicable laws regarding the transmission of technical data exported from the
United States and the country in which You reside (if different from the United States).
17.5. Force Majeure. We shall be not held liable for any delay or failure in performance of any part
of this Agreement from any cause beyond our control and without our fault or negligence, such as
acts of God, viral pandemics, acts of civil or military authority, current laws and regulations and
changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions,
earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major
environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal
activities of third parties, inability to secure products or services of other persons or transportation
facilities, acts or omissions of transportation or telecommunications common carriers, or acts,
omissions, overloading, or 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 jurisdiction
to be invalid, that provision will be modified to reflect the parties’ intentions in the provision or
severed, if such modification is not possible, and the other provisions of this Agreement remain in
full force and effect.
17.7. Section Titles. The section titles in this Agreement are for convenience only and have no legal
or contractual effect.
17.8. No Partnership. Nothing contained in the Agreement will be construed to constitute either party
as a partner, joint venturer, employee or agent of the other party, nor may either party hold itself out
as such. Neither party has any right or authority to incur, assume or create, in writing nor otherwise,
any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf
of the other party, it being intended by both parties that each will remain independent contractors
responsible for its own actions.
Please report any violations of this Agreement to NA Fitness at email@example.com.