TERMS AND CONDITIONS
Last Updated: October 30, 2020
The use of this Website (“Site”) is governed by these terms and conditions. This Site is operated by Mike Chabot LLC, A California Limited Liability Company (“Abundance Health”, “company”, “Us”). The terms "you" or "user", as used in these terms and conditions, refers to a Visitor, User, or a Subscriber.
PLEASE CONSULT WITH YOUR DOCTOR OR OTHER HEALTH CARE PROVIDER BEFORE STARTING AN EXECERCISE ROUTINE. OUR WEBSITE AND APPLICATION ARE INTENDED FOR HEALTHY AND ABLE BODIED INDIVIDUALS. WE ARE NOT RESPONSIBLE FOR ANY INJURIES FROM PARTICPATING IN ANY FITNESS PROGRAM.
Company reserves the right to change or modify these Terms at any time and in our sole discretion. By continuing to access, use, order, receive or use Services, you confirm your acceptance of the revised Terms. We encourage you to review the Terms frequently. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
By accessing and using the Service, you represent, warrant, and affirm that you are at least 18 years of age, or have acquired a parent or guardian’s consent. The services offered are not intended for minors.
Your Personal Data Rights
Company makes available an online fitness program.We provide a range of training subscriptions and memberships.
- The price and payment procedures are permanently accessible on the Websites.
- All prices stated include all relevant local taxes.
- We reserve the right to change the cost of any of our Services. If you are not happy with the cost of any Services, you may cancel your Membership in accordance with these Terms & Conditions.
- To the extent permitted by applicable laws and regulations, no refunds will be offered on subscriptions/memberships (except in exceptional circumstances such as major service failures). There will be no refund of any payment made by you for a paid Membership if you haven’t cancelled your contract according to these Terms & Conditions.
Accounts and Registration
To access some features of the Web Browser, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, or other third-party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Help Center.
Users have the ability to purchase a paid subscription from Company. Our subscription options are 1 month and 12 months and are automatically renewed unless canceled 24 hours prior. Your service will automatically be renewed and your chosen payment method will be charged at the end of each service period unless you decide to cancel your subscription for the Company Services. No Refunds shall be issued for subscriptions however unused time from a subscription will remain active until the end of the subscription period.
User Code of Conduct
You agree not to access, or attempt to access, the Services by any means other than through the Apps. You specifically agree not to access, or attempt to access, the Services through any automated means (including, without limitation, through the use of scripts, bots, unauthorized third party apps, spiders or web crawlers).
You agree that you will not, in connection with your use of the Apps, and/or the Services, violate any applicable law, ordinance, rule, regulation or treaty.
You shall not connect to or use the Apps, and/or the Services in any way that is not expressly permitted by these Terms & Conditions.
You may not:
- Remove any proprietary notices from the Services or any copy of software provided to you by the Company (“Software”);
- Cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Apps, the Services or any Software;
- Sell, assign, rent, lease, act as a service bureau, or grant rights in the Apps, the Services or any Software, including, without limitation, through sublicense, to any other person or entity without the prior written consent of the Company; or
- Make any false, misleading or deceptive statement or representation regarding the Company and/or the Apps, or the Services.
- Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- Is defamatory, obscene, pornographic, vulgar or offensive;
- Is violent or threatening or promotes violence or actions that are threatening to any other person;
- Infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- Disseminate any personal information of any other User, including any contact details or similar, without that User’s consent;
- Attempt to obstruct, disrupt or interfere with the operation of the Apps, and/or the Services or any other person’s or entity’s use of the Apps, and/or the Services (or any servers, systems or networks connected to the Apps, and/or the Services);
We conduct regular of the use of our Services from time to time, including for safety and fraud protection purposes. We reserve the right to remove all or part of any content created, used or circulated publically or privately by Users which is not compliant with applicable laws or regulations, or which violates these Terms & Conditions.
We may contact any User to request that you remedy any non-compliance with applicable laws or regulations, or these Terms & Conditions.
The Company may at its option, terminate its relationship with you, or may disable your account immediately if it determines you are using the Services contrary to the restrictions found in this Section 18 or any other terms of these Terms & Conditions.
We may exclude any User from, or terminate any User’s access to, our Services in our sole discretion for any reason, including, but not limited to, any non-compliance with applicable laws or regulations or these Terms & Conditions. You acknowledge and agree that you are solely responsible, and the Company has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms & Conditions or for the consequences of any such breach.
The Sites, and all Content other than User Content and all products available on the Sites or used to create and operate the Sites, is and remains the property of Company, and is protected under the Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Sites are accessed, and all rights to the Sites, such Content, and such software are expressly reserved.
All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Sites are the property of their respective owners.
You must not use such marks without the prior written permission of the owner of the marks. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Company.
Users may not engage in any activity on or through the Sites, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights.
We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") and trademark law, and we retain the right to remove Content from the Sites that Company believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent.
Links to Other Websites
THESE CLAUSES CONTAIN MANY OF YOUR RIGHTS IN CASE OF A DISPUTE, PLEASE REVIEW THESE RIGHTS CAREFULLY.
- CONTACT US - You agree to contact us with your complaint prior to filing for any dispute.
- FILE COMPLAINT – Both Parties agree that any dispute must be commenced or filed by you or Company within 1 year of the dispute. Otherwise the underlying claim is permanently barred.
- ARBITRATION – Both parties agree that (a) any arbitration will occur in the State of California, (b) arbitration will be confidential by in accordance with (“JAMS”), which are hereby incorporated, and (c) that the state or federal courts of the State of California and the United States, respectively.
California Civil Code
Any questions about complaints or inquiries about Company must be addressed to our agent for notice and sent via certified mail. California websites users are entitled to the following specific consumer rights notice: California Department of Consumer Affairs.
You hereby agree to the use of electronic signatures, orders, contracts, and to electronic delivery of notices, and records of transactions by us or via the site. You hereby agree to receive electronic communications, via email and on the Site, and that this consent satisfies any legal requirement for such communication.
Third Party Links
The Site may include third party content that we do not control, maintain or endorse. Your use of such services is subject to the terms and conditions established by such third parties.
Third Party Integration
In providing the Service, Company may make available various third party tools to process payments (i.e. Stripe). Company is not responsible for the performance of any third party services or their security of their service.
Disclaimer of Warranties
You understand and agree that your use of the Websites and/or the Services is at your sole risk. The Websites and the Services are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied (to the maximum extent permitted by applicable law). To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from Program of dealing or usage of trade.
The Company makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Websites and/or the Products. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the Company expressly disclaims all warranties and conditions to the maximum extent permitted by applicable law. We make no warranty whatsoever with respect to the services, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, Course of dealing, Course of performance, usage of trade or otherwise.
- WE DO NOT PROVIDE MEDICAL ADVICE, USERS SHOULD CONSULT A DOCTOR PRIOR TO USING OUR SERVICES
- WE DO NOT GUARANTEE ANY RESULTS AND RESULTS DEPENDS SOLELY ON THE COMMITMENT FROM THE USER.
- WE ARE NOT RESPONSIBLE FOR ANY INJURY WHILE WORKING-OUT OR WHILE USING OUR SERVICES
Limitation of Liability
In no event will Abundance Health or its officers, managers, members, employees, agents, successors, subsidiaries, distributors, affiliates or third parties providing information on this site or via other channels, including but not limited to phone and email, be liable to any user of the sites or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the sites or any information contained therein, including user content, whether based upon warranty, contract, tort, or otherwise, even if Abundance Health has been advised of or should have known of the possibility of such damages or losses.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Abundance Health is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to
- Any use or misuse of the Sites, Content or Services by you or any third party you authorize to access or use such Sites, Content or Services,
- Any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms,
- Any Feedback you provide.
- Your violation of these terms, and your violation of the rights of another.
You agree to promptly notify Company of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance).
Compliance with Export Laws
You are responsible for compliance with any such laws. You may not use the Site or Site Content in any way that violates the applicable laws and regulations in your jurisdiction. Access to the Site Content may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States you do so at your own risk.By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. You agree not to transmit any material that is or encourages conduct that could or does constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
If any provision of these Terms is deemed void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining agreement.
Any failure to enforce any right or remedy hereunder shall not operate as a waiver. No waiver of any provision hereof shall be valid unless in writing signed by both parties. Company reserves the right to enforce any right or remedy regardless of their failure to enforce in the past.
Both parties agree to arbitrate any dispute arising from this agreement. Both parties agree to waive each respective rights to have Disputes resolved in a court and waive their respective rights to a jury trial.
No Class Actions
Both parties agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.
Governing Law and Venue – California
Any and All Disputes between the parties shall be governed by the laws in the state or federal courts of the State of California and the United States, respectively.
For comments, concerns, or questions in regard to our Terms and Conditions, please contact us below:
MIKE CHABOT LLC
EMAIL: [email protected]