Terms of Service for LIMITLESS BY LIVE STRONG FITNESS LLC

These Website and Application Terms of Service and Conditions of Use (“Terms”) are presented by Live Strong Fitness LLC, a California limited liability company, and any of its affiliates, subsidiaries, owners, members, managers, officers, employees, agents, independent contractors, and other representatives (“Live Strong Fitness,” “us,” “our,” or “we”) to govern your interaction with the website, the Live Strong Fitness application or app, and any products or services offered or provided through the website or app.

By accessing the website or app or utilizing any products or services offered or provided through the website or app, you acknowledge and accept these terms and conditions.

These terms and conditions are subject to change by Live Strong Fitness at any time and at our discretion without notice. Your continued use of the website or app or the products or services offered or provided through the website or app after any changes are implemented constitutes your acceptance of the changes. Therefore, we encourage you to review the terms and conditions each time you use the website or app. If you disagree with the terms and conditions, please refrain from using or accessing the website or app or the programs provided through the website or app.

INTELLECTUAL PROPERTY

You recognize and agree that all content and materials available on the website or app are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Without express authorization by Live Strong Fitness, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Live Strong Fitness.

For information on requesting such permission, please contact us using the contact information listed below. By submitting a testimonial to Live Strong Fitness, you grant Live Strong Fitness permission to use the testimonial along with your name, image, voice, and/or likeness with the testimonial, and you waive any right to bring a claim under right of publicity, invasion of privacy, intellectual property infringement, or any other related cause of action.

SUBSCRIPTION INFORMATION, PAYMENT AND REFUND POLICY

Monthly Membership: When purchasing a monthly recurring membership (“Monthly Membership”) now or in the future, you authorize Live Strong Fitness to charge your credit card the membership fee (the “Membership Fee”) each month. Membership Fees may increase at our sole discretion. You agree that the Membership Fee may be charged without prior notification unless the amount increases, in which case advance notice will be provided, allowing you the opportunity to terminate your Monthly Membership in accordance with these Terms.

You are responsible for promptly notifying Live Strong Fitness of any changes to your payment method. Failure to pay your Membership Fee when due may result in the suspension of your Monthly Membership. Live Strong Fitness may cancel your membership on thirty (30) days written notice without cause and on shorter notice with cause.

To terminate your Monthly Membership, you must provide written notice to [email protected] at least 30 days in advance. Any memberships or packages purchased from Live Strong Fitness are non-refundable and must be used by you. Memberships and packages are non-transferrable.

Subscription Billing: For recurring billing cycles, you authorize regularly scheduled charges to your credit card based on your subscription date. Depending on your chosen payment method, Live Strong Fitness will either generate an invoice and collect payment at the beginning of your billing period or automatically charge your authorized credit card on file on your specific rebill date, which will be on the same day of the month as when you initially purchased your subscription.

Refund Policies: All bundle packages are non refundable and must be used by you.

MEMBERSHIP SITE / CONDUCT/ PRODUCT DELIVERY

The Live Strong Fitness website, app, coaching, services, products, and information provided are for informational purposes only. Live Strong Fitness’s information does not constitute specific medical, legal, commercial, financial, tax, or other professional advice. Your use of the information on the membership site, website, and coaching is at your own risk. Unless otherwise stated, any use of content is for your personal, non-commercial use and does not transfer any right, title, or interest from Live Strong Fitness to you. You may not distribute content, print multiple copies, or use content for public display or performance, interfere with website or app operation, or attempt unauthorized access. Live Strong Fitness reserves the right to discontinue or modify any portion of the website or app without notice or liability.

In our discretion, we may determine a refund for services not yet rendered. You are solely responsible for your use of Live Strong Fitness’s website, app, coaching, services, products, and information. You affirm that your participation on the website, the app, in any Live Strong Fitness event or activity, and the content you submit do not relate to prohibited subjects. You also affirm that content you submit does not infringe third-party intellectual property rights, is not false, misleading, or intended to impersonate others. Live Strong Fitness reserves the right to make the final decision on appropriateness and to remove content or terminate your account for violating this provision.You understand that any information you disclose on any open Live Strong Fitness forum may be viewed by others. Live Strong Fitness cannot guarantee information security and advises against sending confidential information unless requested. Unsolicited information sent to Live Strong Fitness is not confidential, and Live Strong Fitness may freely use any ideas, suggestions, or improvements for its products or services without compensation.For products that you purchase from us that are delivered through a download link, you will be given a URL to access and download the product(s) you purchased. In such instances, you agree not to share the download link with other people who did not purchase the product(s).

For products that you purchase from us that are delivered through a membership site, you will be given a user name and password to access the course materials and tools. In such instances, you agree not to share your login information with other people who did not purchase the product(s). You will not sell access to this program or duplicate and sell any of its content without express written permission.

DISCLAIMER OF WARRANTIESALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE AND APP (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. LIVE STRONG FITNESS AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE AND THE APP IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

In no event shall Live Strong Fitness or its subsidiaries, agents, directors, officers, employees, or suppliers be liable for any damages including, without limitation, consequential, special, incidental, direct, indirect, exemplary, or punitive damages or damages for loss of data or profit, breach of our Privacy Policy, breach of these Terms, or due to business interruption arising out of the use or inability to use the materials or content on the website or app, Live Strong Fitness’s use of information you provide, the products or services sold to you, or any other claim you may have, even if Live Strong Fitness or its authorized representative has been notified orally or in writing of the possibility of such damage and regardless of the theory of liability giving rise to such claim whether negligence, contractual, tort, strict liability or otherwise. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you or may only apply to the fullest extent allowed by law. Additionally, you hereby waive any and all rights to bring any claim or action related to this site beyond one (1) year after the first occurrence of any act, event, condition, or omission on which such claim or action is based.

Any provision herein to the contrary notwithstanding, the maximum liability of Live Strong Fitness to any person, firm or corporation whatsoever arising out of or in the connection with these Terms, any service or product delivered to you, or any Content delivered to pursuant to these Terms or any service or product, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to Live Strong Fitness by you for the use, product, or service that gives rise to the liability. The essential purpose of this provision is to limit the potential liability of Live Strong Fitness arising out of these Terms.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Live Strong Fitness, its affiliates, employees, agents, directors, officers, and shareholders from and against all the liabilities, claims, damages, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with your use of the website and/or the app, your failure to use the website, the app, or any services provided by Live Strong Fitness as directed, your breach or alleged breach of these Terms, or your breach or alleged breach of the copyright, trademark, proprietary or other intellectual property rights of third parties.

PRIVACY

The Privacy Policy, as amended from time to time, is hereby incorporated by reference as part of these Terms. Please read the Privacy Policy carefully to understand how Live Strong Fitness collects, uses, and discloses personally identifiable information from its users. The Privacy Policy also contains important information about how we may communicate with you.

THIRD-PARTY REFERENCES / HYPERLINKS

The website or app may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Live Strong Fitness and you acknowledge that Live Strong Fitness is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site or any association with its operators.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, these Terms, including any incorporated documents, constitute the entire agreement between you and Live Strong Fitness with respect to the website, the app, and/or the services and products provided through the website and/or the app and supersedes all prior or contemporaneous communications between you and Live Strong Fitness with respect to the website and/or the app and the services and products provided through the website and/or the app. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of California. You hereby consent to binding arbitration in the State of California to resolve any disputes arising under or related in any way to these Terms, the use of the site, or the products or services provided through this site. Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to these Terms.

ARBITRATION OF DISPUTES

Except for payment or collection issues or infringement of Live Strong Fitness’s intellectual property, which can be heard by a court of competent jurisdiction, the parties agree that any dispute or claim in law or equity arising between them regarding the use of this website, the products or services provided through the website or app, or these Terms, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in California. The arbitrator shall render a reasoned award in accordance with the substantive laws of California. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.

NOTICE: BY USING THE WEBSITE, APP OR ANY SERVICES OR PRODUCTS PROVIDED THROUGH LIVE STRONG FITNESS, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THE WEBSITE, THE APP, OR ANY PRODUCTS OR SERVICES PROVIDED BY OR THROUGH LIVE STRONG FITNESS.

CONTACTING US

If you need to contact us for any reason, you can email us at [email protected] or call us at [email protected].

ABILITY TO ACCEPT TERMS AND CONDITIONS

By participating in or utilizing the services and products provided by Live Strong Fitness, you affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.