© 2016 by Kyrsty Conway

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TERMS OF USE

1. Your Acceptance of These Terms

                Welcome to http://www.littleladymuscles.com/, (collectively, including all software, content and functionality available through the domain name, the "Website" of “Little Lady Muscles”).

                Our Terms of Use (”Terms”) covers Healthy, Fit & Wealthy, LLC dba Little Lady Muscles by whom the Website is operated  ("Little Lady Muscles," "We," "Us," or "Our"), with respect to Your ("Your," "You," or "User") access and use of the domain, related service domains, and Website (collectively,  “Service“ or "Services") or in connection with third party services. This Agreement sets forth legally binding terms for Your use of the Website. By accessing or using the Services, You acknowledge that You have read these Terms, and agree to be bound by the terms and conditions described herein, whether You are simply browsing the site (a “Visitor”), You have registered on the Website as a User (“Subscriber”), or You make a one-time purchase of any Service offered on the Website (“Customer”).

                A. By using and/or visiting this Website, and clicking "I Accept", if that option is presented, You signify Your agreement to (1) these terms and conditions (the "Terms") and (2) Little Lady Muscles’ privacy notice, found at Privacy Policy and incorporated into these Terms by reference. If You do not agree to any of the terms and conditions of the Terms, including the Little Lady Muscles privacy notice, please do not use the Website.

B. Although We may attempt to notify You when major changes are made to these Terms, You should periodically review the most up-to-date version at the Website. Little Lady Muscles may, in its sole discretion, modify or revise these Terms and policies at any time, and You agree to be bound by such modifications or revisions by Your continued use of the Website, with respect to the Terms in effect at the time of Your use and after You have the opportunity to review and accept the revised Terms. Nothing in this Agreement will be deemed to confer any third-party rights or benefits.

C. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, 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. The Website is not intended for anyone under 18. If You are under 18 years of age, then please do not use the Website.

2. Website

A. The Website is designed to provide You with premium online programs including, but not limited to, videos on health, fitness, mindset, wealth management and more. Beyond our own online health and fitness programs, the Website strives to provide You with additional relevant health/wellness content through additional media channels such as articles, books, products, goods, webinars, workshops, community groups and social media.

The Website is owned by Healthy, Fit & Wealthy, LLC dba Little Lady Muscles. These Terms of Use (this “Agreement”) apply to all products, Services and programs offered by Little Lady Muscles.

B. These Terms apply to all Users of the Website and all aspects of https://www.littleladymuscles.com/, including but not limited to all products and Services offered via the Website.

C. The Website may contain links to third party websites that are not owned or controlled by Little Lady Muscles. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Little Lady Muscles will not and cannot censor or edit the content of any third-party site. The inclusion of a link in any of the Website does not imply Little Lady Muscles’ endorsement of such third-party website. By using the Website, You expressly relieve Little Lady Muscles from any and all liability arising from Your use of any third-party website.

D. Supplemental terms may appear on the Website or otherwise apply to particular activities or transactions. Additionally, Your interactions with third parties may be governed by separate terms and privacy policies of those third parties. Accordingly, We encourage You to be aware when You leave the Website and to read the terms and conditions and privacy policy of each other website that You visit.

E. Little Lady Muscles reserves the right to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Service or any of the Website (or any portion thereof) with or without notice. Although We generally intend for the Website to be available 24/7, it will not be available during maintenance, changes and outages and may not be available for other reasons. You agree that we will not be liable to You or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the Website.

F. Little Lady Muscles is not responsible for providing customer support, bug fixes, documentation, or any other support for the Web Site.

G. Little Lady Muscles cannot guarantee availability of the Website to any User. Due to the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable Content (as defined in Section 7). Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.

3. Your Email and Responsibilities

A. You must provide all hardware and software required to use the Website, including but not limited to a computer with Internet access, a current Web browser with cookies enabled, and a valid e-mail address.

B. If You wish to become a Subscriber or make use of the Service, You must read these Terms and indicate Your acceptance during the registration process. In consideration of Your use of the Service, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website and (b) maintain, and promptly update, Your registration data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Little Lady Muscles reserves the right to suspend or terminate Your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and Subscription on the Website is void where prohibited.

C. If You register on the Website, You will be required to choose a password and email address, and You may be asked for additional information regarding Your account. You are responsible for maintaining the confidentiality of Your password and account information, and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Little Lady Muscles of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You log out from Your account at the end of each session. You may never use another Subscriber’s account without prior authorization from Little Lady Muscles. Little Lady Muscles will not be liable for any loss or damage arising from Your failure to comply with this Agreement.

D. Content (as defined in Section 7 of this Agreement) on the Website is provided to You “AS IS” for Your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Little Lady Muscles. Little Lady Muscles reserves all rights not expressly granted in and to the Website and the Content.

E. Little Lady Muscles’ Content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to Little Lady Muscles You are representing that You are eighteen (18) years of age or older.

F. You agree that Your use of the Website is at Your own risk. Although Little Lady Muscles will not be liable for Your losses caused by any unauthorized use, You may be liable for the losses of Little Lady Muscles or others due to such unauthorized use.

G. You may access the Website and Content as available: (1) for Your information and personal use; (2) as intended through the normal functionality of Little Lady Muscles’ Service; and (3) for a contemporaneous digital transmission of an audiovisual work via the Internet from Little Lady Muscles’ Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user (“Streaming” or “Stream”). Accessing Website videos for any purpose or in any manner other than Streaming is expressly prohibited.

H. You, and not Little Lady Muscles, are entirely responsible for all Content that You post, email, transmit or otherwise make available via the Website. Little Lady Muscles does not control the Content posted via the Website and, as such, she does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, You may be exposed to Content that You deem offensive, indecent or objectionable. Under no circumstances will Little Lady Muscles be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.

I. You agree not to alter or modify any part of the Website.

J. You agree not to access the Website Content through any technology or means other than the explicitly authorized means Little Lady Muscles may designate.

K. You agree not to use the Website for any commercial use, without the prior written authorization of Little Lady Muscles. Prohibited commercial uses include any of the following actions taken without Little Lady Muscles’ express approval:

  • sale of access to the Website or its related services on another website;

  • use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;

  • the sale of advertising, on the Website or any third-party website, targeted to Little Lady Muscles’ Content; and

  • any use of the Website or its related services that Little Lady Muscles finds, in its sole discretion, to use Little Lady Muscles’ resources with the effect of competing with or displacing the market for Little Lady Muscles’ Services.

 

L. You agree not to use or launch any automated system, such as "robots," "spiders," or "offline readers," that access the Website in a manner that sends numerous request messages to the Website’s servers in a given period of time. Notwithstanding the foregoing, Little Lady Muscles grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Little Lady Muscles reserves the right to revoke these exceptions either generally or in specific cases.

 

M. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Website.

 

N. In Your use of the Website, You will otherwise comply with the terms and conditions of these Terms, and all applicable local, national, and international laws and regulations. You also agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that:

 

  • attempt to access any Service or area of the Website that You are not authorized to access;

  • is patently offensive and/or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

  • harasses or advocates harassment of another person;

  • exploits people in a sexual or violent manner;

  • contains nudity, violence, pornography, sexually explicit material or offensive subject matter;

  • provides any telephone numbers, street addresses, last names or email addresses of anyone other than Your own;

  • promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

  • violates any intellectual property or other proprietary right of any third party, including conduct that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

  • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, instant messaging, “spimming” or “spamming”;

  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

  • involves commercial activities and/or sales without Little Lady Muscles’ prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;

  • includes photographs of another person that You have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;

  • denigrates, ridicules, or demeans another person; or

  • contains a virus or other harmful component;

  • alter information on or obtained from the Website;

  • reverse engineer any aspect of the Website or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website (except as otherwise expressly permitted by law);

  • send to or otherwise impact Us or the Website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact the Site or any recipient;

  • take any action which might impose a significant burden (as determined by Us) on Website infrastructure, or otherwise interfere with the ordinary operation or mission of the Website; and

  • "frame" all or any portion of the Website or otherwise make it look like You have a relationship to Us or that We have endorsed You for any purpose.

4. Health Disclaimer

                A. You understand that Little Lady Muscles via the Website intends to serve You by sharing knowledge of health and fitness related activities to promote exercise and good health (“Fitness Activities”). In connection with Your participation in the Fitness Activities, You understand, acknowledge and agree as follows:

1. Participation in the Fitness Activities is completely voluntary and it is solely Your decision to participate in such activities.

2. You acknowledge that it is Your sole responsibility to confirm that there is no medical or other reason preventing You from participating in the Fitness Activities. You have been examined by a licensed Physician within the past twelve (12) months and have been found to be in good health and fully able to perform all activities offered by the Services.

3. If You are pregnant, You shall only participate in the Fitness Activities after. You have discussed the potential risks with Your obstetrician. You agree to follow Your obstetrician’s advice and instructions about whether and to what extent You can participate in the Fitness Activities. You agree that You (and Your spouse/partner, heirs and guardians) will hold Little Lady Muscles harmless for any possible injury to Yourself, Your spouse/partner, heirs, guardians and/or Your child/fetus.

4. If You believe any conditions are unsafe, You will immediately discontinue in the Fitness Activities.

5. You understand that participation in Fitness Activities involves risks of serious bodily injury and possibly death, which may be caused by Your own actions or inactions while participating in the Fitness Activities. You are voluntarily participating in the Fitness Activities with full knowledge of the dangers involved and hereby agree to accept full responsibility for any and all injury or death, including without limitation, personal, bodily, or mental injury, economic loss or any damage that You suffer resulting from the acts of anyone at, or acting on behalf of, Little Lady Muscles or the Website.

6. As consideration for Your being permitted to participate in the Fitness Activities, You (and Your spouse/partner, heirs, guardians, and legal representatives) release Little Lady Muscles and the premises wherein the Fitness Activities take place (“Releasees”) from any and all liability and claims for damages arising out of, relating to and/or by reason of Your voluntary decision to participate in the Fitness Activities including the use of any equipment such as blocks, straps or any other equipment that may be suggested by Little Lady Muscles. You further agree that, You (and Your spouse/partner, heirs, guardians and legal representatives) will not make a claim against, sue or attack the property of Little Lady Muscles or Releasees for injury or damage resulting from negligence, misconduct or other acts or omissions, howsoever caused, by Little Lady Muscles as a result of Your participation in the Fitness Activities. If You, or anyone acting on Your behalf, make a claim against any of the Releasees, You will indemnify, save and hold harmless each of the Releasees from     any loss, liability, damage or costs which any may incur as a result of such claim. You are further subject to limitations of liability pursuant to Section 16 herein.

                B. Further: physical exercise, in all forms and with or without the use of equipment such as blocks straps or any other equipment that may be suggested by Little Lady Muscles, is a strenuous physical activity. Accordingly, You are urged and advised to seek the advice of a physician beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Website. Little Lady Muscles is not a medical organization or provider and cannot give You medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by You and are carried out at Your election while viewing Little Lady Muscles’ videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.

                C. By using the Website You represent that You understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury, whether physical or mental. You understand that it is Your responsibility to judge Your physical and mental capabilities for such activities. It is Your responsibility to ensure that by participating in classes and activities from Little Lady Muscles, You will not exceed Your limits while performing such activity, and You will select the appropriate level of classes for Your skills and abilities, as well as for any mental or physical conditions and/or limitations You have. You understand that, from time to time Little Lady Muscles may suggest physical adjustments or the use of equipment and it is Your sole responsibility to determine if any such suggested adjustments or equipment is appropriate for Your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Little Lady Muscles.

                D. You recognize that there are hazards and risks connected with the exchange of nutritional information. You acknowledge that a physician should be consulted with regard to any allergies, dietary restrictions or other medical/nutrition advice. You acknowledge that Little Lady Muscles does not replace a full exam by a personal physician or nutritionist. You further acknowledge that Little Lady Muscles is not providing any personalized advice, medical advice, diagnosis or prescription, but rather may provide broad nutritional information. Little Lady Muscles cannot guarantee any results in connection with the nutritional information provided to You.

5. Budget/Finance Disclaimer

                A. You understand that Little Lady Muscles via the Website intends to serve You by sharing knowledge of budget, finance and investment related activities to promote financial health (“Financial Health Activities”). In connection with Your participation in the Financial Health Activities, You understand, acknowledge and agree as follows:

1. Participation in the Financial Health Activities is completely voluntary and it is solely Your decision to participate in such activities.

2. You understand that participation in Financial Health Activities involves risks of financial loss, which may be caused by Your own actions or inactions while participating in the Financial Health Activities. You are voluntarily participating in the Financial Health Activities with full knowledge of the risks involved and hereby agree to accept full responsibility for any and all losses, including without limitation, personal, or mental injury, economic loss or any damage that You suffer resulting from the acts of anyone at, or acting on behalf of, Little Lady Muscles or the Website.

3. You will indemnify, save and hold harmless Little Lady Muscles or the Website from any loss, liability, damage or costs which any may incur as a result of Financial Health Activities. You are further subject to limitations of liability pursuant to Section 16 herein.

                B. Budget, finance and investment activities that may be suggested by Little Lady Muscles are a risk. Accordingly, You are urged and advised to seek the advice of a financial advisor before beginning any budget, finance or investment program or using any suggested Financial Health Activities, as provided in any of the written, verbal, audio, or visual content provided by Little Lady Muscles. All suggestions and comments relating to budget, finance and investment activities are not required to be performed by You and are carried out at Your election while utilizing any of the written, verbal, audio, or visual content provided by Little Lady Muscles. 

                C. You recognize that there are hazards and risks connected with the exchange of budget, finance and investment information. You acknowledge that a financial advisor should be consulted with regard to any questions or concerns that may arise. You acknowledge that Little Lady Muscles does not replace a financial advisor. You further acknowledge that Little Lady Muscles is not providing any personalized advice, but rather may provide broad budget, finance and investment information. Little Lady Muscles cannot guarantee any results in connection with the budget, finance and investment information provided to You.

6. Subscriptions, Payment, and Refunds

A. No Sharing. Subscribers to Little Lady Muscles may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Subscriber will be construed by Little Lady Muscles as fraudulent use of the Website, which will result in the immediate cancellation of Subscription without refund. When becoming a Little Lady Muscles Subscriber, You agree to take all actions possible to protect Your username and password from fraudulent use.

B. Fraudulent Use. Little Lady Muscles reserves the right to cancel any Little Lady Muscles Subscription it believes has been compromised, or is being used fraudulently, at its own discretion.

C. Free Trial. We require that You provide a valid credit or debit card (“Payment Source”) at the time You register for a free trial to ensure that you have continued access to your Subscription after the expiration of the free trial period (“Free Trial”). Little Lady Muscles will not bill your account until the Free Trial has expired and provided that You have not cancelled Your account during the Free Trial period. You may only use a Free Trial once. Little Lady Muscles reserves the right to terminate any account that is using or trying to use more than one Free Trial.

D. You are solely responsible for Your interactions with other Subscribers. Little Lady Muscles reserves the right, but has no obligation, to monitor or mediate disputes between You and other Subscribers.

E. Billing. Subscriptions are billed per subscription term. All Subscriptions are renewed automatically until cancelled. If Subscription is terminated due to a violation of this Agreement, Little Lady Muscles, will not reimburse the Subscriber for the remainder of any period, nor will reimbursement be made for Subscription cancellations prior to any renewal date. Subscribers may cancel their Subscription at any time. Subscription must be cancelled prior to the renewal date in order to end Subscription charges. When You cancel Your Subscription to Little Lady Muscles You will not incur an additional subscription fee and will have access to the Website for the duration of the last billing period.

F. Pricing. When You purchase a Little Lady Muscles Subscription, You will initially be charged at the rate applicable at the time of Your Agreement to subscribe. If Little Lady Muscles later increases the price of the Subscription, We will notify You. The increase will apply to the next payment due from You after the notice, provided that You have been given at least ten (10) days’ prior notice before the charge is made. If You are given less than ten (10) days’ prior notice, the price increase will not apply until the payment after the next payment due.

G. Refund Policy. PAYMENTS ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, You will continue to have access to the Service through the end of Your current billing period. At any time, and for any reason, We may provide a refund, discount, or other consideration to some or all of our Subscribers (“Credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle You to credits in the future, under any circumstance

H. Little Lady Muscles utilizes third-party services to process all payments in connection with the Services. You acknowledge and agree by submitting or receiving a payment You agree to the terms of the third-party service to make payments. Little Lady Muscles does not guarantee the security of Your payment and does not maintain liability for Your transactions through Square.

You will be charged fees for Your use of Services, including cancelled and missed scheduled sessions. By entering Your payment information when requested, You authorize third-party service providers and payment processors, such as Square, to charge and process the fees and charges assessed in connection with Your scheduled sessions. While Little Lady Muscles takes what We believe to be reasonable efforts to ensure secure transmission of Your information to third parties who assess and process payments, We are not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, Your mistaken submission of payment information, or Your submission of erroneous payment information.

                I. Little Lady Muscles appreciates that You may want to rebook a past scheduled session. In order to do so, please contact Us at kyrsty@littleladymuscles.com for availability and pricing. Although You may be able to book an identical or similar session, there is no guarantee regarding availability or previous price.

J. Promotion codes or gift cards, in either hard copy or electronic form, may be utilized in connection with scheduling session. You are required to present the promotion code at the time of booking and gift card at the time of Services in order to utilize same. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may not be combined with other offers, including a free trial, subject to certain restrictions as determined by Little Lady Muscles in its sole discretion. If You received a promotional code through an offer by a third party, additional conditions may apply. Little Lady Muscles cannot guarantee the acceptance or continuation of any promotion code or gift card.

7. Cancellations

To avoid being charged, You are required to provide Little Lady Muscles with written notice sent to kyrsty@littleladymuscles.com within twenty-four (24) hours of the scheduled session. In the event You do not provide this written notice, You will be charged one-hundred-percent (100%) of the total amount of Your scheduled session. 

8. Products

If you wish to purchase any product or service made available by Little Lady Muscles through the Website ("Purchase"), You may be asked to supply certain information relevant to Your Purchase including, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant Little Lady Muscles the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

Little Lady Muscles reserves the right to refuse or cancel Your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

Little Lady Muscles reserves the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Little Lady Muscles will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to You.

PAYMENTS ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS ON PRODUCT. Little Lady Muscles cannot guarantee Your satisfaction in connection with the Purchase.

9. Communications

A. When You schedule a session at the Website, You agree that Little Lady Muscles may contact You via e-mail, phone, text, or other means to confirm details of the session, notify You of session cancellations, reschedule Your session, for quarterly news, or communicate other information relevant to Your use of the Services.

B. As a courtesy to You, the Website may send e-mail communication relevant to Your scheduled session (new session notices, session reminders, cancellation notices, etc.). You agree that these e-mail communications do not constitute unsolicited e-mail (sometimes referred to as ‘SPAM’) and as such are not subject to the terms of the Website’s unsubscribe policy. You also agree that You may not receive these messages in a timely manner (if at all) due to server error, ISP error, Internet traffic, e-mail filters, or any other circumstances. Failure to receive or read a courtesy scheduled session message will in no way absolve You from fulfilling Your scheduled session responsibilities (attending the session or cancelling the session according to the Service provider’s cancellation policy).

C. Little Lady Muscles may send You business-related e-mail messages that are not directly related to sessions. Using the unsubscribe link available in these e-mails, You will have the option of unsubscribing from such communications without impacting Your receipt of session-related messages.

                D.  The Website allows You to enter content in review of Your experience with the Service. You agree not to post any content that could be considered abusive, harassing, threatening, offensive, defamatory, obscene, unlawful or otherwise objectionable. This list is an example and is not intended to be complete or exclusive. Little Lady Muscles has an obligation to monitor access to or use of the Service or to review or edit any information or content posted. However, Little Lady Muscles has the right to do so for the purpose of operating the Service, to ensure Your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

10. Website Content and Marks

A. The content on the Website ("Content") including, without limitation, names, logos, trademarks, service marks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Little Lady Muscles or third parties that have license or otherwise provided their material to Little Lady Muscles. You acknowledge and agree that all Content on the Website is made available for limited, non-commercial, personal us only. Any unauthorized attempt to modify any Content, to defeat or circumvent any security features, or to utilize the Website or any part of the Content for any purposed other than its intended purposes is strictly prohibited.

B. You may access Little Lady Muscles Content only as permitted under this Agreement. Little Lady Muscles reserves all rights not expressly granted in and to the Little Lady Muscles Content and the Website.

C. You agree not to use, copy or distribute any of the Content, other than as expressly permitted by these Terms. The use, copying or distribution of the Content for commercial purposes is prohibited, except as specifically approved by Little Lady Muscles.  You may not copy, distribute, alter, merge, modify, adapt or translate the Website. You may not modify the Website or create derivative works based upon the Website. You may not sell, rent, lease, or sublicense the Website. Unauthorized framing of or linking to any of the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Subscriber profiles and Content without notice and may result in termination of Subscription privileges.

D. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or its Content, or attempt to place the Web Site’s systems under unreasonable load.

E. You may not access the Website to develop any software or other technology having the same primary function as the Website, including but not limited to using the Website in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Website.

11. Security Components

You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Little Lady Muscles and/or content providers who provide content to Little Lady Muscles. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.

12. Term and Termination Policy

                A. This Agreement shall remain in full force and effect for so long as it is posted on the https://www.littleladymuscles.com/ Website. You may terminate Your Little Lady Muscles Subscription at any time, for any reason, by following the instructions on the Website. If You cancel Your Subscription before the end of the applicable billing cycle, Your account will be cancelled as of the following month. You will not receive a refund for the current billing period.

 

                B. Little Lady Muscles reserves the right to terminate Your account or Your access to the https://www.littleladymuscles.com/ Website immediately, with or without notice to You, and without liability to Us, if Little Lady Muscles believes that You have breached any of the terms of this Agreement, furnished Little Lady Muscles with false or misleading information, or interfered with use of the Website or Service by others. When You close or de-activate Your account or if Your account is otherwise terminated, We have the right, but not the obligation, to store Your personal information, settings, saved and completed classes You have followed. Unless we have exercised our right to terminate Your account, You can re-activate Your account at any time.

13. HIPAA Notice

You should not share any protected health information via the Website. The Website is not intended to be used to communicate protected health information, and it is not intended to be compliant with the Health Insurance Portability and Accountability Act (HIPAA). The term 'protected health information' means any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. If You do share any protected health information through the Website, You do so at Your own risk.

14. Notice and counter-notice for infringement of the rights of others

A. Notice. Little Lady Muscles does not condone copyright infringement on its Website, and will remove allegedly infringing Content if properly notified of the infringement. Little Lady Muscles reserves the right also to terminate a User's account, if the User is an infringer. If You are a copyright owner and believe that any Content infringes Your copyrighted work, You may submit a notification by providing Our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further information):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Little Lady Muscles to locate the material;

  • Information reasonably sufficient to permit Little Lady Muscles to contact You, such as an address, telephone number, and, if available, an electronic mail;

  • A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • Little Lady Muscles’ designated contact to receive notifications of claimed infringement is: kyrsty@littleladymuscles.com

 

                B. Counter-Notice. If You believe that Your content was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, You may send a counter-notice containing the following information to: kyrsty@littleladymuscles.com

 

 

  • Your physical or electronic signature;

  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

  • A statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

  • Your name, address, and telephone number, and a statement that You consent to the jurisdiction of the federal District Court for the judicial district in which Your address is located, and that You will accept service of process from the person who provided notification of the alleged infringement.

  • If a counter-notice is received by Little Lady Muscles, Little Lady Muscles may send a copy of the counter-notice to the original complaining party informing that person that Little Lady Muscles may replace the removed content or cease disabling it in ten (10) business days. Unless Little Lady Muscles receives notice within fourteen (14) days that the copyright owner has filed an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, at Little Lady Muscles' sole discretion.

15. Warranty Disclaimers

YOU AGREE THAT YOUR USE OF THE WEBSITE WILL BE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, LITTLE LADY MUSCLES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE WEBSITE AND YOUR USE OF IT.                                


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY.


LITTLE LADY MUSCLES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.


LITTLE LADY MUSCLES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY THE WEBSITE OR ANY OTHER THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.


LITTLE LADY MUSCLES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY OTHER THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN PARTICULAR, LITTLE LADY MUSCLES MAKES NO GUARANTEE REGARDING THE AVAILABILITY OF ANY SERVICES PROVIDED BY THE WEBSITE AND OTHER THIRD PARTIES WHO YOU INTERACT WITH THROUGH THE WEBSITE AND SERVICE. ANY DISPUTE YOU MAY HAVE REGARDING THE QUALITY, PERFORMANCE, AVAILABILITY, OR CHARGES ASSOCIATED WITH SERVICES PROVIDED BY OTHER THIRD PARTIES SHOULD BE ADDRESSED TO THOSE PARTIES, NOT LITTLE LADY MUSCLES.


LITTLE LADY MUSCLES FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

16. Limitation of Liability

IN NO EVENT WILL LITTLE LADY MUSCLES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LITTLE LADY MUSCLES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT DIRECT DAMAGES ARE LIMITED TO YOUR ACTUAL DAMAGES, OR THE TOTAL AMOUNT OF THE SERVICES BOOKED, WHICHEVER IS LESS. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.


YOU SPECIFICALLY ACKNOWLEDGE THAT LITTLE LADY MUSCLES WILL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE, ON THIS WEBSITE DOES NOT CONSTITUTE AN EDORSEMENT OR RECOMMENDATION BY LITTLE LADY MUSCLES. LITTLE LADY MUSCLES IS NOT RESPONSIBLE FOR ANY THIRD-PARTY CONTENT ON THE WEBSITE OR THIRD-PARTY WEB PAGE ACCESSED FROM THIS WEBSITE, NOR DOES LITTLE LADY MUSCLES WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD-PARTY WEBSITE OF ITS FITNESS FOR ANY PARTICULAR PURPOSE.

 

NO COMMUNICATION OF ANY KIND BETWEEN YOU AND LITTLE LADY MUSCLES SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILTY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

 

LITTLE LADY MUSCLES RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE WEBSITE THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE.

The Website is controlled and offered by Little Lady Muscles from its facilities in the United States of America. Little Lady Muscles makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. You acknowledge that information You submit may be transmitted to third party service providers who may process information in other jurisdictions and further acknowledge that such information may be transmitted to other jurisdictions with data protection laws that are different from those where You live.

17. Indemnity

You agree to defend, indemnify and hold harmless Little Lady Muscles, and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of Your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the Website.

18. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned in whole or part by Little Lady Muscles without restriction.

19. Preservation/Disclosure

You acknowledge, consent and agree that Little Lady Muscles may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to Your requests for customer service; (e) protect the rights, property or personal safety of Little Lady Muscles, its Subscribers and the public; or (f) pursuant to the terms of the Privacy Policy.

20. Additional Terms

We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Website, to obtain certain premium Content through the Website, or for other reasons. These additional terms are part of this Agreement, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.

21. Arbitration

                A. Any controversy or claim arising out of or relating to this Agreement, brochures, or any other literature concerning the Website, or the breach thereof, including without limitation any claim related to illness, injury, or death, shall be subject to the following conditions: (1) the dispute will be governed by California law; (2) the parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including without limitation the validity, interpretation, performance and breach hereof, through a process of mediation in California under the supervision of a mutually agreed upon mediator; (3) in the event that mediation fails to settle such a dispute, the parties agree that they will proceed to arbitration in California using one arbitrator pursuant to the then existing rules of the American Arbitration Association; (4) the maximum amount of recovery to which a participant will be entitled under any and all circumstances will be the published monthly rate for one month of the Website Services.

                B. If Your claim is for $10,000 USD or less, Little Lady Muscles agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules.  Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service.

                C. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS LITTLE LADY MUSCLES AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LITTLE LADY MUSCLES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

22. Governing Law

These Terms are governed by the laws of the State of California, without regard to any conflict of laws, rules, or principles.

23. General

A. You agree that: (i) the Website will be deemed solely based in California; and (ii) the Website will be deemed a passive website that does not give rise to personal jurisdiction over Little Lady Muscles, either specific or general, in jurisdictions other than California. These Terms will be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between You and Little Lady Muscles that arises in whole or in part from the Website will be decided exclusively by a court of competent jurisdiction located in or otherwise serving San Diego County, California.

 

                B. These Terms, together with the Privacy Notice at Privacy Policy and any other legal notices published by Little Lady Muscles on the Website, constitute the entire agreement between You and Little Lady Muscles concerning the Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any term of this these Terms will be deemed a further or continuing waiver of such term or any other term, and Little Lady Muscles' failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

 

C. YOU AND LITTLE LADY MUSCLES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

D. You agree that no part of these Terms shall cease to be in effect if any other part is deemed unenforceable, or otherwise non-applicable.

24. Additional Notices

WE WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY US TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED AS APPROPRIATE BY OUR PERSONNEL OR POLICIES. 

EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY US, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO OUR COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OF SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.


Notice About Our Trademarks: Little Lady Muscles is a common law trademark of Healthy, Fit & Wealthy, LLC dba Little Lady Muscles. You may not use any of the trademarks displayed on this Website or any Content without the express written permission of Little Lady Muscles. All rights are reserved.

 

Effective Date: 2016