Terms & Conditions

NANCY ANDERSON FIT, LLC TERMS OF SERVICE
LAST MODIFIED ON NOVEMBER 20, 2024
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.

SECTION 16 OF THIS TERMS OF SERVICE AGREEMENT CONTAINS AN ARBITRATION AGREEMENT.  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 (“Nancy Anderson Fit”, “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, such as, by example and not limitation, fitness programs, nutrition plans, virtual training, educational materials, community forums, and any other content provided through our app or website; and; (iii) other elements that may be added from time to time.

This Service is provided by Nancy Anderson Fit and certain rights and privileges regarding your use of the Service belong to Nancy Anderson Fit 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 Nancy Anderson Fit, 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 Nancy Anderson Fit, the Service is the sole and exclusive property of Nancy Anderson Fit. 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 Nancy Anderson Fit. The Service is licensed, not sold. ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN THE TERMINATION OF ANY PRIVILEGES ASSOCIATED WITH THE SERVICE AS DETAILED BELOW.

1. INTRODUCTION
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1.1. What We Do. We are an educational service provider to help individuals with general health and well-being issues.

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

2. GRANT OF LICENSE

The service is licensed to You by Nancy Anderson Fit 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 and supervision of a parent or legal guardian. If you are a resident of the European Union, you must be at least 18 or the age of majority under 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:
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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 Nancy Anderson Fit;

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

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

o is a chain letter, or constitutes junk mail;o specifies or claims that that You are affiliated with Us as an employee or agent when You are not;

o requests account login information from other Users;

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

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

o restricts or inhibits any user from using and enjoying the Service; or o anything else that the Nancy Anderson Fit in its sole determination deems harmful to the Service or to the integrity of the Nancy Anderson Fit.

3.2. Suspension of Users.

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

3.3. Deletion of Content.

At any time, Nancy Anderson Fit reserves the right to delete Content at its sole discretion. Where practical, we will notify the user prior to the content removal, but such notice is not guaranteed. We may, but are not obligated to monitor content, and assume no responsibility for monitoring the Service for inappropriate Content. Nancy Anderson Fit reserves the right to review and remove content at its sole discretion that violates these terms or is otherwise inappropriate.

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 or purpose.

4.5. Account Ownership. You may not buy, sell, give, or trade any account using our service, nor attempt to buy, sell, give, or trade any account using our service.
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4.6. User Privacy. Nancy Anderson Fit takes user privacy and data security seriously. We implement various security measures to protect your personal information. However, Nancy Anderson Fit has no liability for information you share yourself to other users. You agree that there is no expectation of privacy in connection with Your interactions with other users in and through the Service. Nancy Anderson Fit 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, Nancy Anderson Fit 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. Nancy Anderson Fit may in its sole discretion provide You with support or maintenance services related to the Service (“Support Services”), though such services are not guaranteed. Nancy Anderson Fit is not required to provide Support Services unless otherwise required by applicable law. Nancy Anderson Fit reserves the right to discontinue or limit support services at any time. No failure to provide, or to continue to provide, Support Services will be a default of Nancy Anderson Fit under this Agreement. Any additional software provided to You as part of the Support Services will be treated as part of the Service, as between You and Nancy Anderson Fit will be and remain the sole property of Nancy Anderson Fit and will be subject to the terms and conditions of this Agreement. Nancy Anderson Fit support may be reached by contacting us via email support@nancyandersonfit.zendesk.com.

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

5. TERM, TERMINATION, MODIFICATION OF TERMS OF USE

The 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, Nancy Anderson Fit 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, Nancy Anderson Fit may elect to terminate this Agreement and Your rights in connection with the Service if Nancy Anderson Fit, 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 Nancy Anderson Fit, 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 Nancy Anderson Fit materially affects Your rights in connection with the Service, which determination will be made by Nancy Anderson Fit in its sole discretion, Nancy Anderson Fit may, but is under no obligation to, notify You by sending an email message to Your last email address known to Nancy Anderson Fit or through the Service. Nancy Anderson Fit will have no liability if You do not receive Nancy Anderson Fit’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 support@nancyandersonfit.zendesk.com.

6. PROPRIETARY RIGHTS IN CONTENT ON THE SERVICE

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

6.2. Ownership Of Posts By Users. Nancy Anderson Fit 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 Nancy Anderson Fit 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 Nancy Anderson Fit.

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 support@nancyandersonfit.zendesk.com with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

o A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

o Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, are presentative list of such works at that site;

o Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

o Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

o A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

o A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. BILLING.

7.1. Payment Forms. Our Services are available through subscription fees, which may vary in billing cycles based on the selected plan.

7.2. Subscription Plans. Subscription Plans allow you to set up recurring payments for access to the fitness, nutrition and other services available through the Service. By registering for a Subscription Plan, you authorize us to charge the credit card or account that you have designated every Billing Cycle (as defined below) in the amount of the applicable Subscription Plan fee plus applicable tax. Subscription Plans can be offered on a monthly, quarterly, or annual basis (each a "Billing Cycle"). Subscription plans automatically renew at the end of each Billing Cycle, unless canceled in accordance with our cancellation policy.

Your Subscription Plan may be subject to Additional Terms presented to you prior to purchase. We may change the price of Subscription Plans from time to time, but we will communicate any price changes to you in advance in the manner required by applicable law (if any) and, if applicable, we will tell you how to accept those changes. Price changes for Subscriptions will take effect at the start of the next Subscription Period.
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7.3. Billing Cycles. The subscription fee for the Subscription Plans and any charges you may incur in connection with the site, such as taxes and possible transaction fees will be charged through our Online Payment Service.  The length of your billing cycle will depend on the Subscription Plan that you choose when you signed up for the Subscription Plan.  Fees for Subscription Plans are fully earned upon payment and are not refundable.  
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7.4. Auto-Renewal and Cancellation. Subscription Plans automatically renew at the end of a Billing Cycle until they are cancelled by you according to these terms or otherwise terminated by us. This means that you will be charged for the applicable fee at the beginning of every Billing Cycle unless and until you cancel your Subscription Plan, after which no further charges will be made.
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7.5. How to Cancel. You may cancel your Subscription Plan without fee or penalty at any time by logging into your account on the Services and following the cancellation instructions provided.  If you have questions about cancellation, you can contact us at: Email: support@nancyandersonfit.zendesk.com Phone number: 909-351-5945 Physical mailing address: 3419 via lido #328 Newport Beach, CA 92663
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If you cancel your Subscription, cancellation will be effective at the end of the then-current Subscription Period, after which no further charges will be made. You will continue to have access through the end of Your applicable Billing Cycle. We do not provide refunds or credit for any partial Subscription Periods.  Cancellations   must   be completed at least 24 hours prior to the end of your current Billing Cycle to take effect at the end of the current Billing Cycle.

‍7.6. 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.

7.7. Trial Periods.  If you are in a Trial Period, you will not be charged until the trial period has ended.  You may cancel any time during the Trial Period to avoid charges.  To ensure that you are not charged, you are required to submit your cancellation request within 24 hours prior to the end of your Trial Period.  Upon the expiration of the Trial Period, your subscription period shall be as you designated when you signed up for a Trial Period (starting as of the end of the Trial Period). 

8. NO WARRANTIES. Nancy Anderson Fit expressly disclaims any warranty in, to, or for the Service. The Service and all products and services provided to you through the Service are provided ‘As Is’ and ‘Where Is’ without any express or implied warranty of any kind. Nancy Anderson Fit EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS OPERATION. The entire risk associated with operation of the Service is assumed by You. Nancy Anderson Fit does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Service. Nancy Anderson Fit 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. Nancy Anderson Fit further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the Service. Nancy Anderson Fit 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, (THE “MATERIALS”) SOLELY FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.   WE NOTE THAT NO SERVICES FOR WHICH A LICENSE IS REQUIRED ARE BEING PROVIDED AS PART OF THE MATERIALS OR THE SERVICE. 

THE MATERIALS HAVE BEEN PREPARED BASED UPON OUR GENERAL EDUCATIONAL BACKGROUND AND OUR PRACTICAL EXPERIENCES WITH 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. THE FITNESS AND NUTRITION PROGRAMS OFFERED ARE FOR EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.  YOU SHOULD ALWAYS CONSULT WITH YOUR HEALTHCARE PROVIDER BEFORE BEGINNING ANY FITNESS, NUTRITION, OR WELLNESS PROGRAM, PARTICULARLY IF YOU ARE PREGNANT, POSTPARTUM, OR HAVE ANY PREEXISTING MEDICAL CONDITIONS.  IF YOU EXPERIENCE ANY PAIN, DISCOMFORT OR ADVERSE HEALTH EFFECTS WHILE USING THE SERVICE, STOP IMMEDIATELY AND SEEK MEDICAL ATTENTION. 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 SERVICE AND MATERIALS ON ANY SPECIFIC SCHEDULE AND IN FACT WE MAY STOP UPDATING THE MATERIALS OR RETIRE MATERIALS AT ANY TIME. WE HAVE NO OBLIGATION TO NOTIFY YOU OF ANY UPDATES OF THE SERVICE AND MATERIALS. WE DISCLAIM ANY RESPONSIBILITY FOR THE SERVICE AND/OR MATERIALS TO COMPLY WITH UPDATES AND/OR CHANGES. IN ANY HARDWARE OR OPERATING SYSTEMS THAT YOU MAY USE TO ACCESS THE SERVICE OR MATERIALS. THE SERVICE OR MATERIALS MAY CONTAIN HYPERLINKS TO OTHER SOURCES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE HYPERLINKS (INCLUDING, WITHOUT LIMITATION, WHETHER THE HYPERLINKS IN THE MATERIALS WILL CONTINUE TO EXIST AND/OR REMAIN AVAILABLE WITHOUT THE PAYMENT OF ANY FEES). YOU ARE AGREEING TO ASSUME ANY AND ALL RISKS ASSOCIATED WITH THE SUGGESTIONS IN THE MATERIALS. YOU REPRESENT THAT YOU HAVE READ AND AGREED TO THESE TERMS AND CONDITIONS AT ALL TIMES WHILE USING THIS PROGRAM.

9.2 THIRD PARTY CONTENT, AND ADVICE. PLEASE NOTE THAT THE SERVICE CONTAINS CONTENT CREATED BY THIRD PARTIES, AS WELL AS MESSAGE BOARDS, AND INVOLVES VIRTUAL INTERACTIONS WITH THIRD PARTIES, INCLUDING SOME CONTENT OR INTERACTIONS REQUESTED BY Nancy Anderson Fit. 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 Nancy Anderson Fit. YOUR INTERACTIONS WITH THIRD PARTIES MAY VARY. Nancy Anderson Fit DOES NOT MAKE ANY REPRESENTATIONS REGARDING CONTENT AND ANY COACHING, ADVICE, OR OTHER INTERACTIONS BETWEEN YOU AND THIRD PARTIES, INCLUDING THOSE THIRD PARTIES WHO HAVE BEEN RETAINED BY Nancy Anderson Fit. PLEASE CONFIRM WITH YOUR PERSONAL DOCTOR/HEALTH CARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS REGARDING ADVICE OR INFORMATION REGARDING THE SERVICE.

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 doctors, reproductive specialists or licensed nutritionists, nor medical professionals of any kind and have not examined you personally, and do not know the details of your pregnancy or medical history.

10. LIMITATION OF LIABILITY IN NO EVENT WILL NANCY ANDERSON FIT, 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. NANCY ANDERSON FIT, HAS NO LIABILITY WITH RESPECT TO USER CONDUCT, THE CONTENT OF THE SERVICE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY,PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.THE LIMITATION OF LIABILITY SET FORTH HEREIN MAY NOT BE ENFORCEABLE IN CERTAIN JURISDICTIONS, OR UNDER CERTAIN CIRCUMSTANCES, AS A MATTER OF LOCAL LAW, AND IS NOT INTENDED TO REPLACE OR SUPERSEDE LOCAL LAW.

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

12. INDEMNITY.

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

13. PRIVACY POLICY. Nancy Anderson Fit reserves the right to track and report Your activity inside the Service and our other software applications for analytical purposes. Nancy Anderson Fit 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, Nancy Anderson Fit agrees that it will treat any personally identifying information that You submit through the Service in accordance with the terms outlined in its Privacy Policy located at https://www.nancyandersonfit.com/privacy-policy

‍14. DISCLOSURES REQUIRED BY LAW. Nancy Anderson Fit 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. Nancy Anderson Fit reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Nancy Anderson Fit 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 NANCY ANDERSON FIT HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NANCY ANDERSON FIT DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NANCY ANDERSON FIT OR LAW ENFORCEMENT AUTHORITIES.

15. CLASS ACTION WAIVER.    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. Disputes & Arbitration
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If there is any controversy, claim, action, or dispute between you and Nancy Anderson Fit arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), you and Nancy Anderson Fit agree to resolve the Dispute through the dispute resolution procedures set forth in this section, even if that Dispute arose prior to the Effective Date of these Terms.   A resolution through this section is faster and less formal to resolve your dispute with Nancy Anderson Fit, by retaining an experienced third party neutral and creates a final and binding resolution.  However, by doing so, both parties are waiving their rights to a jury as well as limiting their rights to appeal.  
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16.2. Informal Dispute Resolution 
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You and Nancy Anderson Fit agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).  All Dispute Notices must: (1) be signed by the Complaining Party; (2) include the Complaining Party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Nancy Anderson Fit. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.   

Dispute Notices shall be sent to:

To Nancy Anderson Fit: You must send notice (1) by electronic mail to support@nancyandersonfit.zendesk.com and (2) by first-class or certified mail to: 3419 via lido #328 Newport Beach, CA 92663
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To You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.

You and Nancy Anderson Fit will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Nancy Anderson Fit (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Nancy Anderson Fit will participate in the Conference through one or more representatives, which may include our counsel.

Both you and Nancy Anderson Fit agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the Dispute.
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16.3. Individual Arbitration
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IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND Nancy Anderson Fit AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. 
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All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by these Terms), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) (the “Minimum Standards”) if, and only if, it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance-based hearing by teleconference or videoconference.
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The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and Nancy Anderson Fit agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this section of the Terms or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
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 16.4. Settlement Offers and Offers of Judgment. 
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At least ten (10) calendar days before the date set for an arbitration hearing with respect to a Dispute, you or we may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitral forum) from the time of the offer.
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16.5. Exceptions
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Notwithstanding any other provision of this section, you or Nancy Anderson Fit may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights (so long as the action is brought and maintained on an individual basis). In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
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16.6. Survival
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This arbitration agreement will survive the termination of your relationship with Nancy Anderson Fit, including any revocation of This arbitration agreement will survive the termination of your relationship with Nancy Anderson Fit, including any revocation of consent or other action by you to end your engagement with or use of the Services or any communication with us

17. MISCELLANEOUS TERMS

17.1. Entire Agreement. This Agreement constitutes the entire agreement between You and Nancy Anderson Fit 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 Nancy Anderson Fit with respect to the Service. Notwithstanding the foregoing, You may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when You use or purchase certain elements of the Service, Affiliate or advertiser services, third-party content or third-party software.

17.2. Contact. By Your consent in this Agreement, Nancy Anderson Fit 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 Nancy Anderson Fit 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 Nancy Anderson Fit must be in writing and signed by an authorized representative of Nancy Anderson Fit.

17.4. Local laws. Nancy Anderson Fit 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. Nancy Anderson Fit 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).
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17.5. Governing Laws & Jurisdiction. These Terms have been made in and shall be construed in accordance with laws of the United States and the State of California, notwithstanding any principles of conflicts of law that would cause the law of any other jurisdiction to apply. If you access the Service from outside of the United States, you are responsible for complying with your local laws and regulations. Further, you and Nancy Anderson Fit agree that these Terms evidence a transaction involving interstate commerce and that the Federal Arbitration Act governs any arbitration conducted pursuant to these Terms.
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Except for a dispute properly lodged in a small claims court in the United States, if any Dispute is not subject to arbitration, you agree that the claim must be resolved exclusively in the U.S. District Court for the Central District of California or a state court located in Orange County, California and that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

17.6. 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, internet outages, third party software failures, viral pandemics, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, acts or omissions of transportation or telecommunications common carriers, or acts, omissions, overloading, or slowdowns over the internet or any third party internet service providers.

17.7. 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.

17.8. Notice Regarding Apple. 

If you download any of our Apps from Apple, Inc’s (“Apple”) App Store, or if you are using an App on an iOS device, you acknowledge that you have read, understand, and agree to the following terms and conditions: 

i. These Terms are between you and Nancy Anderson Fit. Apple is not a party to these Terms and Apple is not responsible for the Apps or the content thereof. To the extent that you download an App on from the App Store or use an App on an iOS device, the license granted to you in the Ownership of the Services section of these Terms is (1) limited to a license to use the App on Apple-branded products you own or control and (2) subject to (a) the Usage Rules set forth in the App Store Terms of Service and (b) any applicable third-party terms.

 ii. Apple has no obligation to furnish any maintenance or support services with respect to the Apps. In the event of any failure of the App to conform to an applicable warranty (if any), you may notify Apple and Apple will refund the applicable purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App, including: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights.

 iii. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

17.9.   Notice to California Residents.

If you are a California resident, the following notices apply to you:

i. You may reach Nancy Anderson Fit at the contact information provided below in the “CONTACT US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

ii. With respect to any limitations or disclaimers of warranties or liability included in these Terms, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

17.10.  Mobile Networks
When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply.
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17.11.  System Requirements
You may need a high speed Internet connection and/or minimum system and/or browser requirements to access and use certain aspects of the Services. 
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17.12.  App Permissions
When you use the Services via a designated app provided by Nancy Anderson Fit, you may grant certain permissions to us for your device and/or accounts. Most mobile device platforms provide additional information regarding these permissions and how, if possible, to changes your permission settings. By downloading, installing or using the Services via an app provided by Nancy Anderson Fit, you agree to receive automatic software updates (as applicable).
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17.13.  Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

17.14. No Partnership. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Nancy Anderson Fit.
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17.15.  Contacting Us.  For answers to your questions or any other help required, you may contact us at support@nancyandersonfit.zendesk.com