ACCEPTANCE OF THE TERMS OF SERVICE

These terms of service are entered into by and between you and NATALIEAFIT (“I,” “company,” “we,” “our,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”), govern your access to and use of www.strengthmethod.app (the “Website”) including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

Please read the Terms of Service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, all of which are incorporated herein by reference. If you do not agree to these Terms of Service and/or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users of any age. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you desire to use this Website from a jurisdiction in which you are not of legal age to form a binding contract with the Company, then you must have a parent or guardian contact the Company in advance and provide written consent for you to use this Website before any such use.

DEFINITIONS:

“Company”, “We”, “I”, “Our”, or “Us” means NATALIEAFIT and our website, strengthmethod.app.

“Content” means any and all written, visual, video, or audio information contained on the Website, including, but not limited to, any and all emails received from Natalie Freeman, NATALIEAFIT, and/or strengthmethod.app and any and all written or downloadable material purchased, viewed, or otherwise offered by NATALIEAFIT and/or on strengthmethod.app including, but not limited to, graphics, designs, documents, information, templates and materials.

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, etc.

 “Website, Services, and/or Products” means strengthmethod.app Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, forms, website materials, training programs and/or templates available on the Website.

 “Website” means strengthmethod.app and any and all of its associated pages, tabs, landing pages, or sub-pages.

 “You” or “Your” means the user, customer, client or viewer of the Website.

ACTIVITY AND ASSOCIATED RISKS

If you choose to subscribe and participate in Services provided by NATALIEAFIT including online fitness coaching, nutritional guidance, recipes, form checks, community group, workouts and training programs, you understand and acknowledge that:

a. the Services involve physical activity, and you may be exposed to dangers and inherent risks (that cannot be eliminated regardless of the care taken to avoid injuries) including but not limited to overexertion, minor injuries such as scrapes, bruises, sprains and strains, more serious injuries such as joint, muscle and bone injuries, concussions and other head injuries, and catastrophic injuries and conditions such as heart attacks and other injuries or conditions which could be fatal;
b. that you are in good health and physically fit to enter into any Services which involve the use of weights, dumbbells, barbells and other strength training equipment;
c. ANY COMPONENT OF THE SERVICES, OR ANY CORRESPONDENCE WITH NATALIEAFIT IS NOT MEDICAL ADVICE NOR IS IT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR YOUR FITNESS TO PARTICIPATE IN A PHYSICAL ACTIVITY.

By accessing Services from NATALIEAFIT you freely assume the above-mentioned risks as well as other risks not listed that are part of the Services, and any harm, injury or loss that may occur to you as a result of your participation in the Services. You also understand that any equipment used is at your own risk.

DISCLAIMER:

The information provided by NATALIEAFIT on the Website or within Services is intended for educational and supportive purposes only. All information or advice on the Website, e-mails and in the community forum is in no way intended to replace professional medical advice. You must not use the recommendations provided as a substitute for professional medical or nutritional advice. Do not disregard any advice given to you by a healthcare professional. Any recommendations in fitness programs, coaching or subscriptions are to be used at your own risk. You must understand that participating in any physical activity or exercise program poses potential physical injury and if you choose to engage in an exercise program you are doing so at your own risk. Information and recommendations provided should be reviewed by a physician or other healthcare professional before proceeding.

We make every effort to ensure we accurately represent the Services and their potential for results. You accept the risk that the body composition (including fat and muscle loss and gain), physique changes, and strength results differ between individuals. We make no guarantees concerning the level of success you may experience. Each individual’s health, fitness and nutrition success depends on his or her background, dedication, engagement and compliance to the program over time. Results will be based on many variables, including but not limited to, your individual capacity, unique genetic profile, starting point, expertise and level of compliance and commitment.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.

• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information under our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person access to this Website or any part of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

TERMS OF SALE

The Services that we offer to you are available for access on a monthly subscription basis.

Fees and Payments:

• An account holder can subscribe to Services from NATALIEAFIT based on a monthly payment schedule.

• Monthly payments:  The fee is based on the subscription package signed up with (this price may differ based on promotion/time sensitive special offer). Payment is collected at the beginning of each monthly billing period (on the monthly renewal date). After payment, the account will have access to services included in the package for the entire month until the next billing period begins. If a customer cancels their subscription, they might not be able to re-sign up at the same monthly rate.

• Renewal of services: Subscriptions automatically renew at the standard regular rate generally applicable at the time of the renewal (which may be different from the original subscription fees) using the payment method designated on the account, unless the account holder requests a change or chooses to cancel/terminate.

• Refunds: No refunds will be granted for Services already purchased.

• Rejected Payments: An email notice will be sent to specified users on the account. There will be a grace period of 5 days to update the payment method and complete payment. After the grace period, services provided under the subscription will be paused until payment is provided. If the account holder fails to pay fess when they are due, all overdue fees shall accrue interest at the rate of 10% per annum, or at the highest legal interest rate, if less, and the account holder shall reimburse us for all expenses (including reasonable attorneys’ fees subject to applicable law) incurred by us related to collecting any amount that is not paid when due.

• Payment Processing. Payment processing services for our Services are provided by Stripe and their respective affiliates or other payment processing services providers as we may choose from time to time (collectively referred to herein as the “Payment Processing Service Provider” ). You hereby authorize us to share with the Payment Processing Services Provider the financial information, banking details, transaction information and account information provided by you and/or related to your use of our services as is reasonably required for the provision of the payment processing features contemplated by our services. You also agree that we are not responsible or liable for the use or misuse of such financial information, banking details, transaction information and account information by the Payment Processing Services Provider or any third party. With respect to our use of Stripe in particular, please go to [https://stripe.com/legal] for additional terms and conditions that apply to your transaction. By using Stripe, you additionally agree that you have read and shall be bound by all of the terms and conditions set forth therein. Information you provide to us under this Payment Processing section is subject to the terms of our Privacy Policy.

• Subscription Cancellation: Self cancellation has been enabled for Services. Customer can log in on the web at client.everfit.io/login to see a list of their purchases, and for any recurring purchases, they will be able to cancel their subscriptions.

INTELLECTUAL PROPERTY RIGHTS

These Terms of Service permit you to use the Website and it’s Services for your personal, non-commercial use only. Your access to the Services provided on the Website (and if applicable the mobile application) is subject to your compliance with all of the terms and conditions set forth herein and incorporated herein by reference.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Services in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• In any way that violates our Privacy Policy.

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Website.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Website.

USER CONTRIBUTIONS

The Website contains message boards, community chat rooms, forums, videos, and a variety of other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website or Services.

All User Contributions must comply with the Content Standards set out in these Terms of Service.

Other than personally identifiable information which is protected by our Privacy Policy or intellectual property owned by trainers, any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

• All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Notwithstanding anything to the contrary, you grant us permission to use your otherwise personally identifiable information in de-identified form.

CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website or Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

MONITORING AND ENFORCEMENT

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.

QUESTIONS AND CONTACT

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Platform after we make changes to these Terms of Service constitutes acceptance of those changes, so please check these Terms of Service periodically for updates. If you have any questions or concerns about these Terms of Service, please contact us at natalie@strengthmethod.app.