Terms of Service
Interpretation & Definition
Interpretation
Terms that begin with a capital letter carry specific meanings as outlined in the Definitions section below. These definitions apply consistently, whether the terms are used in singular or plural form
Definitions
For the purposes of these Terms and Conditions, the following definitions apply:
Terms that begin with a capital letter carry specific meanings as outlined in the Definitions section below. These definitions apply consistently, whether the terms are used in singular or plural form
Definitions
For the purposes of these Terms and Conditions, the following definitions apply:
- Affiliate – An entity that directly or indirectly holds control over, is controlled by, or is under mutual control with another entity. “Control” in this context refers to ownership of at least 50% of voting shares, equity interests, or comparable securities that provide the authority to appoint directors or other governing figures.
- Account – A unique profile established for You to access and utilize the Service, or specific portions of it.
- Company (also referred to as “We,” “Our,” “Us“) – Refers to KB Crest, LLC dba Wellth Performance, with a principal place of business at 5513 Philadelphia St, Ste. D, Chino, CA 91710.
- Content – Encompasses any form of material, including but not limited to text, images, media files, and digital data, that You upload, post, link, or otherwise make available through the Service, regardless of its format.
- Device – Any tool capable of connecting to and accessing the Service, including but not limited to personal computers, smartphones, and tablets.
- Feedback – Any comments, ideas, or suggestions submitted by You regarding improvements, features, or functionality related to the Service.
- Promotions – Any contests, sweepstakes, or other marketing campaigns made available through the Service.
- Service – Refers to the Website. The Services defined under this Terms of Service apply exclusively to your use of the website and any digital offerings provided by the Company. However, if you purchase or engage in any in-person, online, or hybrid fitness or nutrition coaching services, such services are governed by the Client Agreement. In the event of a conflict between this Terms of Service and the Client Agreement, the Client Agreement shall control for coaching services and in-person services
- Subscriptions – The access or services made available by the Company on a recurring payment basis.
- One Time Payment Plan – A service or access to the Service that is granted upon a single upfront payment, irrespective of duration.
- Party means either You or the Company.
- Parties means both You and the Company
- Terms and Conditions – The legally binding agreement between You and the Company that governs Your use of the Service.
- Third-Party Social Media Service – Any external platform, service, or content (including data, information, products, or services) that may be displayed, integrated, or otherwise made accessible through the Service.
- Trial Period – A limited-time offer, provided at no charge or at a discounted rate, that grants temporary access to a Subscription.
- Website – Refers to Wellth Performance, which is accessible at www.wellthperformance.com.
- You – Denotes the individual or legal entity accessing or using the Service, including any company or organization on whose behalf such access or usage is occurring.
Acknowledgment of Terms and Conditions
These Terms and Conditions govern the use of the Service and establish the contractual relationship between You and the Company. These Terms and Conditions outline the rights and responsibilities of all individuals accessing or utilizing the Service.
By accessing or using the Service, You affirm that You have read, understood, and agreed to be legally bound by these Terms and Conditions. If You do not agree with any portion of these Terms and Conditions, You are not permitted to access or use the Service.
To utilize the Service, You represent and warrant that You are at least 18 years of age. The Company strictly prohibits individuals under the age of 18 from accessing or using the Service.
Furthermore, Your use of the Service is subject to the Company’s Privacy Policy, which governs how Your personal data is collected, utilized, and disclosed when interacting with the Website or any associated applications. The Privacy Policy further explains Your rights concerning data privacy and the legal protections available to You. You are required to review the Privacy Policy thoroughly before utilizing the Service.
By accessing or using the Service, You affirm that You have read, understood, and agreed to be legally bound by these Terms and Conditions. If You do not agree with any portion of these Terms and Conditions, You are not permitted to access or use the Service.
To utilize the Service, You represent and warrant that You are at least 18 years of age. The Company strictly prohibits individuals under the age of 18 from accessing or using the Service.
Furthermore, Your use of the Service is subject to the Company’s Privacy Policy, which governs how Your personal data is collected, utilized, and disclosed when interacting with the Website or any associated applications. The Privacy Policy further explains Your rights concerning data privacy and the legal protections available to You. You are required to review the Privacy Policy thoroughly before utilizing the Service.
Billing, Cancellations & Refund Policy
Subscriptions
Subscriptions are billed on a recurring basis and automatically renew each billing cycle unless canceled. Your subscription term is confirmed at the time of purchase. You may cancel at any time to stop future billing, but cancellation does not entitle you to a refund for any unused portion of your current period. If your subscription includes a fixed-term commitment, you remain responsible for completing the full term. Unused credits are not refunded but will remain available on your account.
If you miss an appointment without prior notice (“No Show”) you will forfeit the respective subscription test credit and you will not be eligible to reschedule the appointment.
By purchasing a subscription, you authorize recurring charges to your designated payment method. You are responsible for maintaining accurate billing details. If a payment fails, the Company may retry up to three (3) times before suspending or terminating access.
One-Time Bookings
You may cancel a one-time booking up to 48 hours before your scheduled appointment and receive a full refund, minus non-refundable processing fees. If you cancel within 48 hours of the appointment, you will not receive a refund, but you may reschedule your session. If you miss your appointment without notice or rescheduling, you will be charged in full and are not eligible for a refund or reschedule.
Packages
You may cancel a package for a full refund, minus non-refundable processing fees, only if no credits have been used. Once any credit has been used, the package is non-refundable. Unused credits never expire and will remain on your account.
Refunds
All refunds are subject to non-refundable payment processing fees. The Company may, at its sole discretion, review refund requests on a case-by-case basis, but is not obligated to provide a refund unless required by law.
Trial Periods
The Company may offer trial access to certain services, either free or at a reduced cost, for a limited time. Trial terms will be disclosed at sign-up. If billing information is provided, you will not be charged until the trial ends. Unless canceled before the trial expires, your subscription will automatically begin and standard charges will apply.
Trial offers are limited to one per person. The Company reserves the right to change, suspend, or revoke trial offers at its sole discretion.
Customer Support and Cancellations
For all cancellations, rescheduling requests, or account-related inquiries—including subscription or trial cancellations—please contact [email protected] or use your customer portal.
Subscriptions are billed on a recurring basis and automatically renew each billing cycle unless canceled. Your subscription term is confirmed at the time of purchase. You may cancel at any time to stop future billing, but cancellation does not entitle you to a refund for any unused portion of your current period. If your subscription includes a fixed-term commitment, you remain responsible for completing the full term. Unused credits are not refunded but will remain available on your account.
If you miss an appointment without prior notice (“No Show”) you will forfeit the respective subscription test credit and you will not be eligible to reschedule the appointment.
By purchasing a subscription, you authorize recurring charges to your designated payment method. You are responsible for maintaining accurate billing details. If a payment fails, the Company may retry up to three (3) times before suspending or terminating access.
One-Time Bookings
You may cancel a one-time booking up to 48 hours before your scheduled appointment and receive a full refund, minus non-refundable processing fees. If you cancel within 48 hours of the appointment, you will not receive a refund, but you may reschedule your session. If you miss your appointment without notice or rescheduling, you will be charged in full and are not eligible for a refund or reschedule.
Packages
You may cancel a package for a full refund, minus non-refundable processing fees, only if no credits have been used. Once any credit has been used, the package is non-refundable. Unused credits never expire and will remain on your account.
Refunds
All refunds are subject to non-refundable payment processing fees. The Company may, at its sole discretion, review refund requests on a case-by-case basis, but is not obligated to provide a refund unless required by law.
Trial Periods
The Company may offer trial access to certain services, either free or at a reduced cost, for a limited time. Trial terms will be disclosed at sign-up. If billing information is provided, you will not be charged until the trial ends. Unless canceled before the trial expires, your subscription will automatically begin and standard charges will apply.
Trial offers are limited to one per person. The Company reserves the right to change, suspend, or revoke trial offers at its sole discretion.
Customer Support and Cancellations
For all cancellations, rescheduling requests, or account-related inquiries—including subscription or trial cancellations—please contact [email protected] or use your customer portal.
Promotions
Any Promotions offered through the Service may be subject to specific terms and conditions separate from these Terms and Conditions.
If You choose to participate in a Promotion, You are responsible for reviewing both the applicable promotional terms and the Company’s Privacy Policy. In the event of a conflict between these Terms and Conditions and a Promotion’s terms, the terms of the Promotion will take precedence.
If You choose to participate in a Promotion, You are responsible for reviewing both the applicable promotional terms and the Company’s Privacy Policy. In the event of a conflict between these Terms and Conditions and a Promotion’s terms, the terms of the Promotion will take precedence.
User Accounts
Account Creation and Maintenance
When You register for an Account with the Company, You must provide information that is accurate, complete, and up to date. Failure to do so constitutes a breach of these Terms and Conditions, which may result in the immediate suspension or termination of Your Account.
Security and Responsibility
You are solely responsible for maintaining the confidentiality of Your password and for all activity conducted under Your Account, whether access occurs directly through the Service or via a Third-Party Social Media Service.
You agree not to share Your password with any third party. If You become aware of any unauthorized access to Your Account or any security breach, You must notify the Company immediately.
Username Restrictions
When selecting a username, You may not:
When You register for an Account with the Company, You must provide information that is accurate, complete, and up to date. Failure to do so constitutes a breach of these Terms and Conditions, which may result in the immediate suspension or termination of Your Account.
Security and Responsibility
You are solely responsible for maintaining the confidentiality of Your password and for all activity conducted under Your Account, whether access occurs directly through the Service or via a Third-Party Social Media Service.
You agree not to share Your password with any third party. If You become aware of any unauthorized access to Your Account or any security breach, You must notify the Company immediately.
Username Restrictions
When selecting a username, You may not:
- Use the name of another individual or entity without proper authorization.
- Choose a name or trademark that belongs to a third party, unless legally permitted to do so.
- Select a username that is offensive, vulgar, obscene, or otherwise inappropriate.
Failure to comply with these requirements may result in immediate termination or suspension of Your Account at the Company’s discretion.
Contents
Your Right to Post Content
The Service may allow You to post, upload, or otherwise share Content. You are solely responsible for any Content You contribute, including ensuring its legality, reliability, and appropriateness.
By submitting Content to the Service, You grant the Company a worldwide, non-exclusive, royalty-free, transferable license to use, modify, publicly perform, display, reproduce, and distribute such Content within the Service. While You retain ownership of any Content You provide, You acknowledge that this license enables the Company to make Your Content available to other users, subject to these Terms and Conditions.
You affirm and warrant that:
1. You either own or have the necessary rights to post the Content and grant the Company the rights specified in these Terms and Conditions.
2. Your Content does not infringe upon the rights of any third party, including privacy rights, publicity rights, intellectual property rights, or contractual obligations.
Content Restrictions
The Company does not assume responsibility for Content submitted by users. You acknowledge and agree that You bear sole responsibility for Your Content and all activity occurring under Your Account, whether conducted by You or a third party.
You agree that You will not post or transmit any Content that:
The Service may allow You to post, upload, or otherwise share Content. You are solely responsible for any Content You contribute, including ensuring its legality, reliability, and appropriateness.
By submitting Content to the Service, You grant the Company a worldwide, non-exclusive, royalty-free, transferable license to use, modify, publicly perform, display, reproduce, and distribute such Content within the Service. While You retain ownership of any Content You provide, You acknowledge that this license enables the Company to make Your Content available to other users, subject to these Terms and Conditions.
You affirm and warrant that:
1. You either own or have the necessary rights to post the Content and grant the Company the rights specified in these Terms and Conditions.
2. Your Content does not infringe upon the rights of any third party, including privacy rights, publicity rights, intellectual property rights, or contractual obligations.
Content Restrictions
The Company does not assume responsibility for Content submitted by users. You acknowledge and agree that You bear sole responsibility for Your Content and all activity occurring under Your Account, whether conducted by You or a third party.
You agree that You will not post or transmit any Content that:
- Is unlawful, promotes illegal activity, or violates any applicable laws.
- Is defamatory, discriminatory, or offensive, including derogatory remarks based on religion, race, sexual orientation, gender, nationality, or other protected classes.
- Constitutes spam, unsolicited advertisements, chain letters, unauthorized solicitations, or gambling-related material.
- Contains viruses, malware, worms, trojan horses, or any other malicious software designed to harm or disrupt any system, device, or data.
- Infringes upon the intellectual property rights of any entity, including copyrights, trademarks, patents, or trade secrets.
- Impersonates any person or entity, including the Company or its employees.
- Violates the privacy rights of any third party.
- Disseminates false, misleading, or fraudulent information.
The Company reserves the right, at its sole discretion, to determine whether Content violates these Terms and Conditions and may remove or restrict access to such Content. The Company also retains the authority to edit, reformat, or otherwise modify Content for presentation within the Service.
As You acknowledge that the Company does not have complete control over user-generated Content, You agree that Your use of the Service is at Your own risk. You understand that You may encounter Content that You find offensive, incorrect, or otherwise objectionable, and under no circumstances will the Company be liable for any resulting damages.
Content Backups
While the Company implements regular backups, You acknowledge that it does not guarantee that Your Content will be preserved or recoverable in the event of data corruption or loss.
The Company will make reasonable efforts to assist in restoring lost data but assumes no liability for Content loss. You agree to maintain independent copies of Your Content outside the Service.
As You acknowledge that the Company does not have complete control over user-generated Content, You agree that Your use of the Service is at Your own risk. You understand that You may encounter Content that You find offensive, incorrect, or otherwise objectionable, and under no circumstances will the Company be liable for any resulting damages.
Content Backups
While the Company implements regular backups, You acknowledge that it does not guarantee that Your Content will be preserved or recoverable in the event of data corruption or loss.
The Company will make reasonable efforts to assist in restoring lost data but assumes no liability for Content loss. You agree to maintain independent copies of Your Content outside the Service.
Intellectual Property & Copyright Policy
Intellectual Property Infringement
The Company is committed to upholding intellectual property rights and enforces strict policies against the unauthorized use of copyrighted materials. If You believe that Your copyrighted work has been used within the Service in a manner that constitutes copyright infringement, You must submit a formal Digital Millennium Copyright Act (DMCA) Notice to the Company’s designated copyright agent at [email protected].
To comply with the DMCA, Your notification must include the following details (see 17 U.S.C 512(c)(3) for further information):
The Company is committed to upholding intellectual property rights and enforces strict policies against the unauthorized use of copyrighted materials. If You believe that Your copyrighted work has been used within the Service in a manner that constitutes copyright infringement, You must submit a formal Digital Millennium Copyright Act (DMCA) Notice to the Company’s designated copyright agent at [email protected].
To comply with the DMCA, Your notification must include the following details (see 17 U.S.C 512(c)(3) for further information):
- A physical or electronic signature of the individual authorized to act on behalf of the copyright owner.
- A description of the copyrighted work that You claim has been infringed, including any relevant details that help identify it.
- The specific URL or location on the Service where the allegedly infringing material appears.
- Your contact information, including Your full name, mailing address, telephone number, and email address.
- A statement asserting that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A declaration, made under penalty of perjury, confirming that the information in the notice is accurate and that You are the copyright owner or authorized to act on behalf of the copyright owner.
Upon receiving a valid DMCA notice, the Company will investigate the claim and take any action it deems appropriate, which may include removing or disabling access to the allegedly infringing material. The Company may also, at its discretion, terminate accounts of repeat infringers.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
If You have any questions regarding copyright infringement claims, You may contact the Company’s copyright agent at [email protected].
Intellectual Property Ownership
Except for Content provided by users, all elements of the Service, including original Content, features, and functionality, remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other applicable intellectual property laws. You may not use the Company’s trademarks, trade dress, or proprietary branding in connection with any unauthorized product or service without express written consent.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
If You have any questions regarding copyright infringement claims, You may contact the Company’s copyright agent at [email protected].
Intellectual Property Ownership
Except for Content provided by users, all elements of the Service, including original Content, features, and functionality, remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other applicable intellectual property laws. You may not use the Company’s trademarks, trade dress, or proprietary branding in connection with any unauthorized product or service without express written consent.
Feedback
By providing any Feedback to the Company, You acknowledge and agree that all rights, ownership, and interests in such Feedback are transferred to the Company. This includes any ideas, suggestions, or improvements related to the Service.
If, for any reason, the assignment of these rights is deemed unenforceable, You grant the Company a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute, sub-license, publicly display, and otherwise utilize the Feedback in any manner, without restriction and without compensation to You.
This license allows the Company to incorporate Your Feedback into its products, services, and business operations without any obligation to acknowledge or compensate You for its use.
If, for any reason, the assignment of these rights is deemed unenforceable, You grant the Company a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute, sub-license, publicly display, and otherwise utilize the Feedback in any manner, without restriction and without compensation to You.
This license allows the Company to incorporate Your Feedback into its products, services, and business operations without any obligation to acknowledge or compensate You for its use.
Links to Third-Party Websites
The Service may include links to external websites or services operated by third parties that are not owned, managed, or controlled by the Company.
The Company does not endorse, monitor, or assume any responsibility for the content, privacy practices, terms of use, or operational policies of any third-party websites or services. You acknowledge and agree that the Company is not liable, directly or indirectly, for any damages, losses, or claims arising from Your use of, or reliance on, any content, products, or services provided by third-party websites accessible through the Service.
The Company strongly encourages You to review the applicable terms and conditions, as well as privacy policies, of any third-party website or service You choose to visit before engaging with their content or services.
The Company does not endorse, monitor, or assume any responsibility for the content, privacy practices, terms of use, or operational policies of any third-party websites or services. You acknowledge and agree that the Company is not liable, directly or indirectly, for any damages, losses, or claims arising from Your use of, or reliance on, any content, products, or services provided by third-party websites accessible through the Service.
The Company strongly encourages You to review the applicable terms and conditions, as well as privacy policies, of any third-party website or service You choose to visit before engaging with their content or services.
Account Termination
The Company reserves the right to suspend or terminate Your Account at any time, with or without prior notice, if You violate these Terms and Conditions or engage in any conduct that the Company, at its sole discretion, deems harmful, unlawful, or disruptive to the Service or its users.
Upon termination, Your access to the Service will be revoked immediately, and You will no longer be permitted to use any features associated with Your Account.
If You choose to terminate Your Account, You may do so by discontinuing use of the Service.
Upon termination, Your access to the Service will be revoked immediately, and You will no longer be permitted to use any features associated with Your Account.
If You choose to terminate Your Account, You may do so by discontinuing use of the Service.
Liability Limitation
Regardless of any potential damages You may incur, the total liability of the Company and its suppliers, under any provision of these Terms and Conditions, is strictly limited to the greater of:
- The total amount You have paid to the Company for use of the Service, or
- $100 USD, if You have not made any purchases through the Service.
To the fullest extent permitted by applicable law, under no circumstances shall the Company or its suppliers be liable for any indirect, incidental, special, or consequential damages. This includes, but is not limited to:
- Loss of profits, revenue, or business opportunities.
- Loss, corruption, or unauthorized access to data or other information.
- Business disruptions or operational downtime.
- Personal injury or loss of privacy related to Your use of, or inability to use, the Service.
- Issues arising from third-party software, hardware, or services that interact with the Service.
This limitation applies even if the Company or its suppliers were informed of the possibility of such damages and even if any legal remedy fails to achieve its intended purpose.
Certain jurisdictions do not permit the exclusion or limitation of liability for incidental or consequential damages. In such cases, the liability of each party will be restricted to the maximum extent permitted by applicable law.
Certain jurisdictions do not permit the exclusion or limitation of liability for incidental or consequential damages. In such cases, the liability of each party will be restricted to the maximum extent permitted by applicable law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You strictly on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, express or implied. To the fullest extent permitted by applicable law, the Company, including its Affiliates, licensors, and service providers, expressly disclaims all warranties, whether statutory, express, or implied. This includes, but is not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
- Any warranties arising from trade usage, course of dealing, or course of performance.
The Company makes no guarantees that the Service will:
- Meet Your specific requirements or expectations.
- Function without interruption or errors.
- Be compatible with any other software, applications, systems, or services.
- Achieve any intended results or perform at any particular level of reliability.
- Be free from defects or that any errors will be identified or corrected.
Additionally, the Company and its providers make no representations or warranties regarding:
- The ongoing operation or availability of the Service, or any content, information, or materials made accessible through it.
- The accuracy, reliability, or timeliness of any data or content provided via the Service.
- The security of the Service, including whether its servers, content, or communications (such as emails) are free from viruses, malware, scripts, or other harmful components.
Certain jurisdictions may not allow the exclusion of implied warranties or the limitation of certain statutory rights. If these restrictions apply to You, then some of the disclaimers outlined above may not be applicable. In such instances, the limitations will be enforced to the maximum extent permitted under applicable law.
General Terms
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles that would require the application of any other jurisdiction’s laws.
In the event of any dispute arising under or relating to these Terms and Conditions, including those subject to arbitration, the exclusive venue shall be San Bernardino County, California. Your use of the Service may also be subject to applicable local, state, national, or international laws.
Dispute Resolution
Informal Negotiations
To expedite resolution and control costs, You and the Company agree to first attempt to resolve any dispute through informal negotiations for at least thirty (30) days before initiating arbitration (except as noted below). Informal negotiations begin when one Party provides written notice to the other.
Binding Arbitration
If informal negotiations do not resolve the dispute, both Parties agree that the matter shall be submitted to binding arbitration rather than litigation in court, except as outlined in the Exceptions to Arbitration and Informal Negotiations section.
By agreeing to arbitration, You acknowledge that You are waiving Your right to file a lawsuit in court or have a jury trial.
The arbitration will be conducted under the Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (AAA) (available at www.adr.org). Arbitration fees and arbitrator compensation will be governed by AAA Consumer Rules. If the arbitrator determines that arbitration fees are excessive, the Company may cover certain costs at its discretion.
Arbitration may be conducted in person, by written submissions, over the phone, or online, as agreed upon by the Parties. The arbitrator shall issue a written ruling, but a statement of reasons will only be required if requested by either Party. The arbitrator must apply applicable law, and failure to do so may be grounds for limited judicial review.
The arbitration shall be held exclusively in San Bernardino County, California, unless the AAA rules or applicable law require otherwise. The Company reserves the right to seek court intervention to compel arbitration, stay ongoing litigation, confirm an arbitration award, or modify or vacate an award in accordance with applicable law.
If a dispute is required to be resolved in court rather than arbitration, it must be brought before the state or federal courts located in San Bernardino County, California. Both Parties agree to submit to the personal jurisdiction of these courts and waive any objections based on lack of jurisdiction or forum non conveniens.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Terms and Conditions.
To the fullest extent permitted by law, You agree that no claim related to the Service may be filed more than one (1) year after the cause of action arose. If this limitation is deemed unenforceable, the dispute shall proceed in the courts designated above.
Arbitration Restrictions
To the maximum extent permitted by law:
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles that would require the application of any other jurisdiction’s laws.
In the event of any dispute arising under or relating to these Terms and Conditions, including those subject to arbitration, the exclusive venue shall be San Bernardino County, California. Your use of the Service may also be subject to applicable local, state, national, or international laws.
Dispute Resolution
Informal Negotiations
To expedite resolution and control costs, You and the Company agree to first attempt to resolve any dispute through informal negotiations for at least thirty (30) days before initiating arbitration (except as noted below). Informal negotiations begin when one Party provides written notice to the other.
Binding Arbitration
If informal negotiations do not resolve the dispute, both Parties agree that the matter shall be submitted to binding arbitration rather than litigation in court, except as outlined in the Exceptions to Arbitration and Informal Negotiations section.
By agreeing to arbitration, You acknowledge that You are waiving Your right to file a lawsuit in court or have a jury trial.
The arbitration will be conducted under the Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (AAA) (available at www.adr.org). Arbitration fees and arbitrator compensation will be governed by AAA Consumer Rules. If the arbitrator determines that arbitration fees are excessive, the Company may cover certain costs at its discretion.
Arbitration may be conducted in person, by written submissions, over the phone, or online, as agreed upon by the Parties. The arbitrator shall issue a written ruling, but a statement of reasons will only be required if requested by either Party. The arbitrator must apply applicable law, and failure to do so may be grounds for limited judicial review.
The arbitration shall be held exclusively in San Bernardino County, California, unless the AAA rules or applicable law require otherwise. The Company reserves the right to seek court intervention to compel arbitration, stay ongoing litigation, confirm an arbitration award, or modify or vacate an award in accordance with applicable law.
If a dispute is required to be resolved in court rather than arbitration, it must be brought before the state or federal courts located in San Bernardino County, California. Both Parties agree to submit to the personal jurisdiction of these courts and waive any objections based on lack of jurisdiction or forum non conveniens.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Terms and Conditions.
To the fullest extent permitted by law, You agree that no claim related to the Service may be filed more than one (1) year after the cause of action arose. If this limitation is deemed unenforceable, the dispute shall proceed in the courts designated above.
Arbitration Restrictions
To the maximum extent permitted by law:
- Arbitration shall be limited to the individual dispute between the Parties—no claims may be arbitrated on a class-action basis or consolidated with other proceedings.
- Disputes may not be brought in a representative capacity (such as on behalf of a group, class, or association).
Exceptions to Arbitration and Informal Negotiations
The following disputes are not subject to the informal negotiation or arbitration provisions of this section:
The following disputes are not subject to the informal negotiation or arbitration provisions of this section:
- Disputes involving the enforcement, validity, or infringement of intellectual property rights, including but not limited to copyrights, trademarks, patents, and trade secrets.
- Claims arising from or related to theft, unauthorized use, invasion of privacy, or piracy.
- Requests for injunctive or equitable relief to prevent actual or threatened harm, where monetary damages would be insufficient.
If any portion of this section is found unenforceable, that portion shall be severed, and the remaining provisions shall continue in full force and effect. If arbitration is deemed unenforceable for any reason, the dispute shall be resolved in the state or federal courts located in San Bernardino County, California, and both Parties agree to that court’s jurisdiction
Electronic Transactions, Communications, and Signatures
By accessing or using the Service, submitting online forms, or communicating with the Company via email or other digital means, You acknowledge that such interactions constitute electronic communications. You consent to receive electronic communications from the Company and agree that any agreements, disclosures, notices, or other communications provided electronically—whether via email, through the Service, or other digital platforms—satisfy any legal requirement that such communications be in writing.
YOU EXPRESSLY AGREE TO THE USE OF ELECTRONIC SIGNATURES, DIGITAL CONTRACTS, ONLINE ORDERS, AND OTHER ELECTRONIC RECORDS. YOU ALSO CONSENT TO THE ELECTRONIC DELIVERY OF ALL NOTICES, POLICIES, AND DOCUMENTATION RELATED TO TRANSACTIONS INITIATED OR COMPLETED THROUGH THE COMPANY’S SERVICES.
By accepting these Terms and Conditions, You waive any rights or legal requirements under applicable laws that mandate the use of original, handwritten signatures, physical records, or non-electronic payment methods, unless such waivers are prohibited by law.
For European Union (EU) Users
If You are a consumer residing in a European Union (EU) member state, You are entitled to the benefit of any mandatory consumer protection laws and regulations applicable in Your country of residence. These Terms and Conditions do not limit any rights You may have under such laws.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, You acknowledge and agree that the Service qualifies as a “Commercial Item” as defined under 48 C.F.R. § 2.101.
The Service is provided exclusively as a Commercial Item, meaning it is developed for non-governmental commercial use and is made available to government users under the same terms and conditions as those provided to non-governmental entities. Any use, modification, reproduction, release, performance, display, or disclosure by the United States government shall be governed solely by these Terms and Conditions and any applicable regulations regarding commercial software or services.
United States Legal Compliance
By using the Service, You represent and warrant that:
Electronic Transactions, Communications, and Signatures
By accessing or using the Service, submitting online forms, or communicating with the Company via email or other digital means, You acknowledge that such interactions constitute electronic communications. You consent to receive electronic communications from the Company and agree that any agreements, disclosures, notices, or other communications provided electronically—whether via email, through the Service, or other digital platforms—satisfy any legal requirement that such communications be in writing.
YOU EXPRESSLY AGREE TO THE USE OF ELECTRONIC SIGNATURES, DIGITAL CONTRACTS, ONLINE ORDERS, AND OTHER ELECTRONIC RECORDS. YOU ALSO CONSENT TO THE ELECTRONIC DELIVERY OF ALL NOTICES, POLICIES, AND DOCUMENTATION RELATED TO TRANSACTIONS INITIATED OR COMPLETED THROUGH THE COMPANY’S SERVICES.
By accepting these Terms and Conditions, You waive any rights or legal requirements under applicable laws that mandate the use of original, handwritten signatures, physical records, or non-electronic payment methods, unless such waivers are prohibited by law.
For European Union (EU) Users
If You are a consumer residing in a European Union (EU) member state, You are entitled to the benefit of any mandatory consumer protection laws and regulations applicable in Your country of residence. These Terms and Conditions do not limit any rights You may have under such laws.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, You acknowledge and agree that the Service qualifies as a “Commercial Item” as defined under 48 C.F.R. § 2.101.
The Service is provided exclusively as a Commercial Item, meaning it is developed for non-governmental commercial use and is made available to government users under the same terms and conditions as those provided to non-governmental entities. Any use, modification, reproduction, release, performance, display, or disclosure by the United States government shall be governed solely by these Terms and Conditions and any applicable regulations regarding commercial software or services.
United States Legal Compliance
By using the Service, You represent and warrant that:
- You are not physically located in any country or region subject to a United States government embargo or that has been officially designated by the U.S. government as a nation that supports terrorism.
- You are not identified on any U.S. government list of restricted, prohibited, or denied parties, including but not limited to the U.S. Treasury Department’s Specially Designated Nationals (SDN) List or the U.S. Commerce Department’s Denied Persons List.
Severability & Waiver
If any provision of these Terms and Conditions is found to be invalid or unenforceable, it shall be modified to the extent necessary to enforce its intent, to the greatest extent possible under applicable law, and the remaining provisions shall remain in effect.
A failure by either party to enforce a right under these Terms and Conditions shall not constitute a waiver of that right in future instances.
Translation Interpretation
If these Terms and Conditions have been translated and made available through the Service, the original English version shall take precedence in the event of any dispute or inconsistency.
Hierarchy of Agreements
This Terms of Service governs your use of the website and digital transactions. If you engage in any coaching services (whether in person, online, or hybrid) or any other in-person services such as body composition assessments, metabolic testing, or fitness activities, the Client Agreement shall govern those interactions. In the event of a conflict between this Terms of Service and the Client Agreement, the Client Agreement shall prevail for coaching services and in-person services. Additionally, if any provision in this Terms of Service conflicts with the Privacy Policy regarding the collection and use of personal data, the Privacy Policy shall take precedence.
Changes to These Terms
The Company reserves the right to modify these Terms and Conditions at its sole discretion. Material changes will be communicated at least 30 days before taking effect. Continued use of the Service after updates constitutes Your acceptance of the revised Terms and Conditions. What constitutes a material change will be decided at Our sole discretion.
Contact Information
For any questions regarding these Terms and Conditions, You may contact us via email at [email protected].
If any provision of these Terms and Conditions is found to be invalid or unenforceable, it shall be modified to the extent necessary to enforce its intent, to the greatest extent possible under applicable law, and the remaining provisions shall remain in effect.
A failure by either party to enforce a right under these Terms and Conditions shall not constitute a waiver of that right in future instances.
Translation Interpretation
If these Terms and Conditions have been translated and made available through the Service, the original English version shall take precedence in the event of any dispute or inconsistency.
Hierarchy of Agreements
This Terms of Service governs your use of the website and digital transactions. If you engage in any coaching services (whether in person, online, or hybrid) or any other in-person services such as body composition assessments, metabolic testing, or fitness activities, the Client Agreement shall govern those interactions. In the event of a conflict between this Terms of Service and the Client Agreement, the Client Agreement shall prevail for coaching services and in-person services. Additionally, if any provision in this Terms of Service conflicts with the Privacy Policy regarding the collection and use of personal data, the Privacy Policy shall take precedence.
Changes to These Terms
The Company reserves the right to modify these Terms and Conditions at its sole discretion. Material changes will be communicated at least 30 days before taking effect. Continued use of the Service after updates constitutes Your acceptance of the revised Terms and Conditions. What constitutes a material change will be decided at Our sole discretion.
Contact Information
For any questions regarding these Terms and Conditions, You may contact us via email at [email protected].