Terms & Conditions

THERE IS A MANDATORY ARBITRATION, WAIVER OF CLASS ACTION AND LIMITATIONS OF LIABILITY IN THESE TERMS. PLEASE REVIEW CAREFULLY.

The following terms ("Terms of Use") constitute an agreement between Pelvic Guru, LLC, (the "Company") and you that governs your use of this website and all of its associated services, content and functionality, including but not limited to the purchase of a course (the “Course”), webinar (the “Webinar”) or illustrations (the “Illustrations”) offered by Company. This policy applies to the website administered by Company (the "Website"), located at www.pelvicguruacademy.com or www.pelvicglobalacademy.com. Company, owner and operator of the Website, is a limited liability company formed under the laws of the state of Florida, United States.

Your use of the Website or purchase of a Course, Illustrations or Webinar constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. Your continued use of any part of the Website or the Illustrations or participation in a Course or Webinar constitutes your acceptance of such changes to the Terms of Use. You should review the Terms of Use periodically to determine if any changes have been made. 

If you do not agree with or do not accept any part of these Terms of Use, you should not purchase the Course, Illustrations or Webinar. Additionally, the Courses are hosted on LearnWorld's platform and is subject to LearnWorld’s Terms of Service and Privacy Policy. A Course or Webinar may also utilize Zoom to deliver materials. Please refer to Zoom’s Terms of Service and Privacy Policy. All references to the Website, shall also include Courses and Webinars, even if not expressly mentioned.

Privacy Policy
Company respects your privacy and is committed to protecting it. Your access and use of the Website is subject to the Website’s privacy policy as well. 

Disclaimer
The Website may be used by individuals or health or fitness professionals. You understand that a professional or consulting relationship does not exist between you and Company, even if you purchase a Course, Illustrations or Webinar. Company has made every effort to ensure that all materials on the Website have been tested for accuracy. There is no guarantee that you will see positive results to your business or otherwise using the techniques and materials provided by Company. Company assumes no management responsibility for your decisions or for policies or practices that you implement.

Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. Company makes no guarantees regarding results, present or future. Company is not responsible for your earnings, income, sales, or any other business performance as a result of the information found on the Website. 

Licensing
Nothing presented on the Website creates a professional-patient relationship between you and course instructors or individuals featured on the Website, Courses, Illustrations, or Webinars.

Medical Information Disclaimer
From time to time, the Website may discuss topics related to health, fitness, nutrition, or medicine. This information is not advice and should not be treated as medical advice. The medical information provided on the Website is provided "as is" without any representations or warranties, express or implied. 

You must not rely on the information on the Website as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website. All medical information on the Website is for informational purposes only.

Mental Health Disclaimer
All information regarding mental health provided on the Website is intended to be used for informational purposes only. Use of the Website does not form any relationship between you and any instructor or individual featured on the Website, including a therapist-patient relationship. Although content on the Website may discuss therapeutic and/or mental health issues, the Website does not provide any type of therapy and/or mental health services. The Website does not provide any advice, explanation, opinion, or recommendation about therapy or mental health services.

From time to time, the Website may discuss topics of a sensitive nature. If you feel triggered by any content, please seek help from a medical professional or mental health professional.

Fitness Information Disclaimer 
The Website may discuss topics related to health and fitness, and may include information on exercise and workouts. The fitness information provided on the Website is for informational purposes only. Consult a physician or medical professional before beginning any fitness program. Any form of exercise poses inherent risk of injury and by voluntarily engaging in any exercise or workout presented on the Website, you assume the risk of any potential injury that may result. Even if the information provided on the Website is from a certified personal trainer, it is for informational purposes only and the personal trainer has not consulted with you on an individual basis.

Your Responsibility
The Website was developed strictly for educational purposes. You understand and agree that you are fully responsible for your participation, progress, and results from the information contained on the Website. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. You understand that Company is not responsible for your results or any expenses that you may incur as a result your use of the Website. Company assumes no responsibility for errors or omissions that may appear on the Website. 

Purchase Policies
Company may refuse a purchase for any individual or entity at any time. The pricing set forth for the Illustrations, Courses and Webinars on the Website is for a single individual’s use of the applicable Illustrations, Course or Webinar. Should you desire an enterprise license for multiple users, please contact Company at [email protected]. Members of the Company’s membership community (which is offered under a separate website and subject to separate terms and conditions) may have access to special pricing.

You may purchase access to Courses, Illustrations, and Webinars on the Website. You may also purchase a GPHAM membership (the "Membership") which will provide discounted pricing for the Courses. The Membership is subject to separate terms and conditions. To purchase a Course or Webinar, you will be required to provide Company’s third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your User Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Use. You hereby authorize Company to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you complete full payment and you further agree to pay any charges so incurred. If you dispute any charges, you must let Company know within sixty (60) days after the date that Company charges you. 

Each Course and Webinar is provided via the LearnWorld Platform and/or Zoom. You will have access to any Course you purchase for at least 6 months, and it will be available on demand during that time. If there is a live portion of the Course, it will be available on demand after the live stream for at least 6 months from date of purchase. Some Courses may provide an opportunity to join a private group or attend a separate virtual meetup. In that event, you may be subject to separate terms.

Course Descriptions and Pricing 
Whilst every effort has been made to ensure that all general descriptions of Courses available from Company correspond to the actual Courses that will be provided to you, Company is not responsible for any variations from these descriptions as the exact nature of the Courses may vary depending.

All pricing information on the Website is correct at the time of posting. Company reserves the right to change prices and alter or remove any special offers from time to time and as necessary. In the event that prices are changed during the period between an order being placed for a Course and Company processing that order and taking payment, then the price that was valid at the time of the order shall be used. All prices on the Website do not include VAT. In accordance with HM Revenue & Customs VAT Notice 700/1 (February 2014) and supplements thereof, Company is not yet liable for VAT and therefore not VAT registered and does not possess a VAT number.

Refund Policy
You may obtain a full refund for a purchase of a Course by contacting [email protected]. To be eligible for a refund you must contact Company and request a refund within 48 hours after purchase and you must not have (a) viewed more than fifty percent (50%) of the Course or (b) claimed your CEU certificate. Purchase of Webinars that are under three (3) hours are not refundable. The Illustrations are nonrefundable. Certain jurisdictions may have longer periods where refunds will be granted. Company will honor such periods as required by law.

Registration and Restricted Access
Access to the Courses is restricted to Course participants. When you register, you will create a user account, which may include a username and password (the "User Account"). You agree to keep your username and password confidential. You may not share your username and password with anyone, for any reason, without express written consent by Company. If you suspect your password has been compromised, you must notify Company immediately at [email protected]. Company will not be liable for any loss caused by the unauthorized use of your User Account; however, you may be liable to Company or other third parties for any losses incurred due to such unauthorized use.

When you create a User Account, you guarantee that you are 18 years of age or older, are able to consent to these Terms of Use, and that the information you provide to Company is accurate, complete, and current at all times. When creating a User Account, the username must comply with the Comment Policy set forth below. Violation of this paragraph may result in the immediate termination of your User Account without refund, in Company’s sole discretion.

Company may disable your User Account and access to the Website at its sole discretion. 

Company reserves the right to modify methods for registration and access levels of registered users from time to time.

License For Use of Purchases

Course and Webinars:
All information, Courses and Webinars available on the Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. You may not create any derivative works of the Courses or Webinars. When you purchase any of the Courses or Webinars, you agree that you will not use any information you gain from the Courses or Webinars to create any product or service, whether offered for commercial or personal use, without express written consent of the Company. All inquiries for use of Company intellectual property must be submitted to [email protected]. Company reserves the right to seek equitable and compensatory relief for any violation of this term.

Illustrations:
The Illustrations available on the Website were developed solely for your personal use and limited commercial use. Company provides you with a limited, world-wide, nonexclusive license to use the Illustrations solely for your own personal use and to display and distribute the Illustrations in your publications, including social media posts, blogs, courses, presentations, or books. You are expressly forbidden from reselling or licensing the Illustrations in any manner. You may not create any derivative works of the Illustrations. You may not make any alterations or changes to the Illustrations and you must display them in the exact form as you receive them. You must always provide attribution when you use the Illustrations and it must be displayed as © 2022 Pelvic Guru, LLC.  

All rights not specifically granted herein are specifically reserved to Company. Your use of the Illustrations is “as is” and at your own risk. Company expressly disclaims any responsibility for your use and distribution of the Illustrations. All inquiries for use of Company intellectual property must be submitted to [email protected]. Company reserves the right to seek equitable and compensatory relief for any violation of this term.


Confidentiality & Privacy
Company respects your privacy and insists you agree to respect the privacy of Company and all other Course or Webinar participants ("Participants"). Any confidential information ("Confidential Information") shared by Participants or any Company representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. All Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in the Course, or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants during the Course. Confidential Information includes, but is not limited to, information disclosed in connection with any Course or Webinar, and information related to the business or client information of Company or a Participant and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. You agree not to violate the Company’s publicity or privacy rights. Furthermore, You will NOT reveal any information to a third party obtained in connection with any Course or Webinar or these Terms of Use. By purchasing a Course or Webinar, you agree that if you violate or display any likelihood of violating the terms herein the Company and/or the other Participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. However, you agree that Company shall not be liable for the failure of any Participant to keep your information confidential.

Intellectual Property
All original materials provided by Company on the Website, including but not limited to the Courses, Webinars and Illustrations, are owned by Company or instructors hired by the Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Company's or Company instructor’s intellectual property or any aspect of the Website. All intellectual property remains the property of Company or of the instructor of the Course. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Company or the Course or Webinar instructor will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. 

By accessing and viewing the Website, you agree that you will not create any electronic information product that utilizes the information gained through the Website whether or not that information was available through other means.

Certain of the names, logos, and other materials displayed on the Website constitute Company’s and/or the Company instructor’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights ("Company and Instructor IP"). You are not authorized to use any Company and Instructor IP without Company and/or the instructor’s express consent. Ownership of Company and Instructor IP remains with Company and the instructor and you agree not to make any claims or assertions of any other party’s ownership of Company and Instructor IP.

“Pelvic Guru” "Pelvic Guru Academy", "Pelvic Global", “Pelvic Global Academy”, “Pelvic Global Community” and "GPHAM" are trademarks of Company and are protected by United States trademark law. Pelvic Guru is a registered trademark. Company's and instructor’s trademarks and trade dress may not be used in connection with any product or service that is not Company's or the instructor’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company or the instructor.

Takedown Requests
From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to [email protected] and we will remove the image within 24 to 48 hours.

Use of the Website
The Website includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. You may view, download, print, email and use materials from the Website for personal, noncommercial purposes only subject to the license below and as made available. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from the Website for commercial purposes. Any reproduction or unauthorized use of any materials found on the Website shall constitute infringement.

Unless otherwise stated, Company and/or the instructor owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved. 

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use. 

The following uses are not permitted:
• Republication of content from the Website, unless content is specifically and expressly made available for republication; 
• Sale, rental or sub-license of any content from the Website;
• Reproduction or duplication of any content on the Website for commercial purposes; 
• Modification of any content on the Website, unless content is specifically and expressly made available for modification; 
• Redistribution of content on the Website, unless content is specifically and expressly made available for redistribution. 

You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Company's express written permission. 

You must not use the Website to transmit or send any unsolicited commercial communications. 

You must not use the Website for any third-party marketing without Company's express written permission.

Grant of Rights and Release
You understand and agree that Company may record, otherwise capture, and publish each Course or Webinar including your name, image, and video and sound recordings of you (the "Recording"). You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, modify, publish, translate and distribute the Recording and any content you contribute to the Course or Webinar (the "Student Content"). The Student Content includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights. You further waive any moral rights to the Student Content.

You understand and agree that, in the event that access to the Website is terminated, this license and release survives termination and Company may, in its sole discretion, utilize the Recording and Student Content as set forth herein. This authorization and release shall inure to the benefit of the legal representatives, licensees and assigns of Company and you hereby release Company from, and agree not to sue for, any claim or cause of action, whether known or unknown, for libel, slander, invasion of right of privacy, publicity or personality, or any other claim or cause of action, based upon or relating to the use of the Recording or Student Content, or the exercise of any of the rights referred to herein. 

In the event you do not wish to be recorded, please turn off your microphone and/or your video prior to the recording. You may also email [email protected] to request that you are not included and the Company will do its best to accommodate your request.

You acknowledge that, in the event of any breach by Company or any third party, the damage, if any, caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief. Your rights and remedies will be strictly limited to the right, if any, to recover damages in an action at law, and you will have neither the right to rescind or terminate this license or release or any of Company’s rights hereunder, nor the right to enjoin the production, exhibition, or other exploitation of the Recording or Student Content.

Content Contributed to the Website
Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party. 

Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.   

Comment Policy
The Website may offer you the option to provide comments either written or verbal. The following types of comments will not be tolerated and will be deleted: 

harassment or discrimination directed toward any content creator, Participant or Company;
spam;
vulgar or obscene language or hate speech;
promoting or inciting violence;
Impersonating Company or any third parties;
defamatory to Company or any third party;
reference illegal acts; 
violate the legal rights of a third party; or
Any other action that may impede the use and enjoyment of the Website by other Participants.

Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy. Company reserves the right, in its sole discretion, to revoke access to the Website in the event you violate this provision. In this event, no refunds will be due to you.

You are, and shall remain, solely responsible for the any content you upload, submit, post, transmit, communicate, share or exchange by means of the Website and for the consequences of submitting or posting same. COMPANY DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE WEBSITE AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PARTICIPANTS. YOU ACKNOWLEDGE AND UNDERSTAND THAT COMPANY HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS PARTICIPANTS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS PARTICIPANTS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS PARTICIPANTS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER PARTICIPANTS PARTICULARLY IF YOU DECIDE TO MEET ANOTHER PARTICIPANT IN PERSON. COMPANY DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS PARTICIPANTS. IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY PARTICIPANT'S CONDUCT, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN PARTICIPANTS.

You and any Participant violating the Terms of Use may be immediately and permanently removed from access to the Website, in Company’s sole discretion.

Any content posted on the Website is the sole responsibility of the person(s) who created it, and Company and its employees, agents, directors, and officers, undertake no obligation or liability related to such content. Company and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful content posted by Participants, nor does it assume responsibility or liability that may arise from any content posted on the Website, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.

Company reserves the right to report to the appropriate authority any post, comment, message or Participant that Company deems, in its sole discretion, may implicate the safety of either a Participant or a third-party.

Communication - Electronic Notice
You consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

Third Parties
The Website offer resources that may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party websites. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to your use of a third-party website. 

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.

Children’s Information
The Website does not knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 13 in its database, please contact Company immediately at [email protected] and we will use our best efforts to promptly remove such information from our records.


No Warranties
The Website is provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Company makes no representations or warranties in relation to the Website or the information and materials provided therein. 

Company makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. 

Limitation of Liability
COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF ANY COURSE, WEBINAR, ILLUSTRATIONS OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Waiver
You understand that the role of the Website is not to provide health care, medical or therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. You understand that Company is not acting in the capacity of a doctor, nurse practitioner, licensed physical therapist, personal trainer, psychologist or other licensed or registered professional, and that any advice given by the Company is not meant to take the place of advice by these professionals. If you are under the care of a healthcare professional or currently use prescription medications, you should not discontinue any prescription medications without first consulting your doctor. Similarly, you should consult a physician or medical professional before beginning or modifying any fitness program. Any form of exercise poses inherent risk of injury and by voluntarily engaging in any exercise or workout discussed or completed, You assume the risk of any potential injury that may result.

You expressly agree that all rehabilitative and strength training information and use of all workouts or other direction provided on the Website are undertaken at your own sole risk, and you represent that you are physically and medically able to undertake any and all such instruction provided and the activities related thereto. If you suspect that you may have an ailment or illness that may require medical attention, then you understand that it is your responsibility to consult with a licensed physician immediately. In the event that you should require medical care or treatment, you agree to be financially responsible for any costs incurred as a result of such treatment. You are aware and understand that you should carry your own health insurance 

YOU UNDERSTAND AND AGREE THAT THIS LIABILITY WAIVER AND RELEASE CONSTITUTES A COMPLETE WAIVER OF YOUR RIGHT TO SUE AND COLLECT DAMAGES FROM COMPANY, REGARDLESS OF WHETHER COMPANY ACTED NEGLIGENTLY.

You recognize that the Website is not an essential service and that you could obtain similar services elsewhere. You represent that no special relationship exists between Company and you and that you are under no physical, economical, or other compulsion to consent to these Terms or Use including this waiver. You acknowledge that the instruction that you will receive from Company is sufficient consideration for agreeing to these Terms of Use, including this waiver. 

YOU UNDERSTAND AND AGREE THAT THIS LIABILITY WAIVER AND RELEASE WILL ALLOW COMPANY TO AVOID LIABILITY FOR ANY FAILURE ON COMPANY’S PART TO USE REASONABLE CARE IN ANY WAY. YOU RECOGNIZE AND UNDERSTAND THAT THIS IS A RELEASE OF ALL CURRENT AND PROSPECTIVE CLAIMS, AND YOU HAVE READ THIS LIABILITY WAIVER AND RELEASE BEFORE AGREEING TO THE TERMS OF USE.

Indemnity
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, Your obligations hereunder.

Equitable Relief
You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

Miscellaneous
The Terms of Use will be governed and construed in accordance with the laws of the State of Florida. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Orange County, Florida. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. In the event that Company fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy. The Terms of Use may not be assigned by you without Company's prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website. Company reserves the right to amend, alter, or modify the Terms of Use at any time. Nothing in these Terms of Use shall confer any rights upon any third party. All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] for Company and to your email address. 

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

Last updated June 8, 2022