THESE TERMS AND CONDITIONS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND WARRIORBABE, AND REQUIRES THE MANDATORY ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. YOU HAVE THE RIGHT TO OPT OUT. VIEW THESE TERMS IN SECTION 11.
These Terms of Service informs you of the terms, conditions, disclaimers, notices, policies, and agreements (“Terms”), which set forth the basic rules that govern your access and use of services owned or operated by Alpha Female Fitness, LLC d/b/a Warrior Babe, LLC (hereinafter “WarriorBabe,” “we,” “us” and “our”), including website located at https://warriorbabe.com (the “Site(s)”), the WarriorBabe Blueprint™ and WarriorBabe VIP™ mobile applications available on iOS and Android stores (the “App(s)”), the WarriorBabe Blueprint™ and WarriorBabe VIP™ programs (the “Program(s)”), or any services we provide through the Site (collectively, the “Service(s)”). By accessing and using the Sites and Apps, participating in the Programs, or using any products or services offered or provided through our Services, YOU ARE AFFIRMATIVELY ACKNOWLEDGING YOUR AGREEMENT TO THESE TERMS OF SERVICES, WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND WARRIORBABE. YOUR CONTINUED ACCESS AND USE OF THE SERVICE ARE CONDITIONAL ON YOUR ACCEPTANCE OF AND CONTINUED COMPLIANCE WITH THE TERMS OF SERVICE SET OUT BELOW. Please read these Terms and any other agreements referenced in this document carefully. If you do not agree to be bound by these Terms, you may not use or access the Service.
1. USING OUR SERVICES
a. Representation and Age Restriction
When you use the Services, you represent that (1) you are at least 18 years of age and a “natural person” in your country of residence, 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; (2) the information you submit is truthful and accurate; (b) your use of the Service and your use of services available on the Service do not violate any applicable laws or regulations.
b. General Informational Purposes Only
WarriorBabe provides the Services and the information on it or through membership and coaching, are for general informational purposes only. Contents (defined below) on our Services are not intended to provide medical, legal, commercial, financial, tax or other professional advice. Use of the information on our Services are at your own risk. Any information on the Services about prior results attained by WarriorBabe or its members and program participants is not a guarantee or warranty that a similar outcome will be achieved.
c. User Registration
You can visit and browse the Service as a guest without becoming a registered user of the Service, but you will not be able to participate in any WarriorBabe programs unless you are a registered user of the Service. You can apply to become a registered user by completing the application process here. If you sign up to become a registered user of the Service, you agree: (i) to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); (ii) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (iii) that you will comply with the rules governing prohibited uses in Section 2 and User Generated Content in Section 4 below.
d. User Accounts
In order to access some features available on the Services, you will need to create an account (“User Account”). To create a User Account, you must be at least 18 years old, a “natural person” in your country of residence, and you must provide truthful and accurate information about yourself. If you become a registered user of the Service, you will be required to create a user I.D. that will be associated with your User Account. You may only create one user I.D. that will be associated with your User Account. You may not: (i) select or use as a user I.D. a name of another person with the intent to impersonate that person; (ii) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. You agree that you are responsible for all activities under your User Account, and for maintaining the confidentiality of your password and restricting access to your devices so that others may not access our Services in violation of these Terms. You may not use another person’s User Account. Each time you use a password or identification, you will be deemed to be authorized to access, confirm your agreement on the updated Terms of Use from time to time, and use the Services in a manner consistent with these Terms. WarriorBabe has no obligation to investigate the authorization or source of any such access or use of the Services. You will be solely responsible for all access to and use of the Services by anyone using the password and user I.D. originally assigned to you whether or not such access to and use of the Services is actually authorized by you, including, without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and user I.D. assigned to you. You agree to immediately notify WarriorBabe of any unauthorized use of your password or user I.D. or any other breach or threatened breach of the Services’ security that you become aware of involving or relating to the Services. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Services and your User Account, including, without limitation, terminating your User Account, changing your password or requesting information to authorize transactions on your User Account.
2. PROHIBITED USES
While using the Services, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You are prohibited to, or assist any other persons to:
use the Services to send or post harassing, abusive, or threatening messages;
soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers;
attempt to conceal or misrepresent the identity of the sender or person submitting the information, or otherwise invade someone’s privacy;
disrupt the normal flow of the Services, including any dialogue on the Services or otherwise act in a manner that negatively affects other participants;
transmit through the Services any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable;
use the Services or any Content or User Content to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people;
post or generate User Content or use the Services that is intentionally misleading, false, or otherwise inappropriate or with the purpose of harming others, regardless of whether the Content or its dissemination is unlawful;
post or generate User Content or use the Services that has any risk or possibility of exploiting, harming, or endangering the health or well-being of children or other minors (“Children”), such as images of Children in sexualized costumes, poses, or a sexual fetishistic context, or which identifies, directly or indirectly, alleged victims of child sexual exploitation, or for the purpose of exploiting, harming or attempting to exploit or harm Children in any way;
post or generate User Content or use the Services which may be discriminatory towards a person’s or class of people’s race, religion, color, age, ethnicity, national origin, disability, physical, or mental characteristics, sexual orientation, gender expression, gender identity, family status, medical or genetic condition, personality characteristics, or physical appearance, including through the material distortion of the behavior of any such person or class of people in a manner that causes or is likely to cause that person or class of people physical or psychological harm;
post or generate User Content or use the Services in such a way that damages the image or rights of WarriorBabe, other users or third parties;
send spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
post or transmit executable programming of any kind, including viruses, spyware, trojan horses, Easter eggs, or any other form of computer programming or disabling mechanism;
use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Services or the Content in whole or in part, including, without limitation, creating any frames at any other Services pertaining to any portions of this Services;
attempt to circumvent, disable or otherwise interfere with security-related features of the Services that prevent or restrict use or copying of any Content or enforce limitations on use of the Services; or
intentionally or unintentionally perform or promote any activity that would violate any applicable local, provincial/state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing the Services.
3. OUR INTELLECTUAL PROPERTY RIGHT
a. WarriorBabe Material
You acknowledge and agree that all names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Services (“Material”) are protected intellectual property of, or used with permission or under license by WarriorBabe and/or its licensors. Such Material may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Material of the Service, copyrighted and protected as a collective work. All intellectual property rights associated with the Service, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Material by accessing or using the Service. Any rights not expressly granted herein are reserved and retained by WarriorBabe and its affiliates, parents, and subsidiaries.
b. License Granted by WarriorBabe.
Subject to your compliance with these Terms, WarriorBabe offers you a limited, non-exclusive, non-transferable, non-sub licensable license to access the Services and to access, download, and make personal and non-commercial use of Material available on through the Services. Except as expressly authorized by WarriorBabe, 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 Material. For information on requesting such permission, please contact us using the contact information listed in the section entitled “Contacting Us”.
You may only use the Services and Material as permitted by law. To use Material under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Material pursuant to any licenses associated with such Material, (3) not copy or post such Material on any networked computer or broadcast it in any media, (4) make no modifications to any such Material, and (5) make no additional representations or warranties relating to such Material. Except as otherwise expressly authorized herein or in writing by WarriorBabe, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Service or the Material. WarriorBabe reserves the right to refuse Servicse, terminate accounts, and/or cancel membership in its discretion, including, without limitation, if we believe that user conduct violates applicable law or is harmful to our interests.
4. USER GENERATED CONTENT
a. User Content
Some of our Services are designed to allow you to publish or transmit through our Services information or content (“User Content”). You retain ownership of all User Content you submit, post, display, or otherwise make available via the Services. You agree, represent and warrant that you have all rights necessary to submit the User Content. You shall not upload, post or otherwise make available on or through our Services any User Content protected by copyright, trademark or other proprietary rights of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content. PLEASE DO NOT SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.
b. License Granted by You
To the extent that you submit a testimonial to WarriorBabe, you hereby grant WarriorBabe 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.
By submitting, displaying, posting, publishing or uploading any User Content, including testimonials, information, text, graphics or other materials, you grant WarriorBabe and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (“Licensed Parties”) a non-exclusive, fully-paid, royalty-free, irrevocable, transferable, perpetual, worldwide, fully sublicensable and unrestricted right and license to use, modify, publicly perform, publicly display, reproduce, create derivative works from, distribute, and/or otherwise use such User Content in any manner to be determined in the Licensed Parties’ sole discretion, including, but not limited to, on webpages and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion. You will not receive any compensation of any kind for the use of User Content. You also grant to other users of the Services a non-exclusive, fully-paid, royalty-free, and perpetual license to access your Content during the course of their use of the Services as authorized herein. In addition, You grant WarriorBabe a non-exclusive license to use any User Content for research or academic purposes, where WarriorBabe may redistribute, publish, or cause the publication of anonymized copies of User Content in research papers or academic papers. This license you grant to WarriorBabe lasts for as long as User Content is protected by intellectual property rights. Content in violation of these Terms may be removed without notice.
5. COPYRIGHT INFRINGEMENT NOTICES
It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). If you believe that material located on or linked to by us violates your copyright, you are encouraged to notify us in accordance with the Digital Millennium Copyright Act. To do so, please send an email to support@warriorbabe.com with the Subject Line “DMCA Notice”, and include the following:
Identify the copyrighted work that you claim has been infringed;
Identify the material or link on our Services that you claim is infringing your copyrighted work;
Provide your full legal name, company affiliation, mailing address, telephone number, and email address; and
Include in the body of your notice the following statement, followed by your electronic or physical signature: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate our user’s access to and use of our Services if, under appropriate circumstances, the alleged user is determined to be a repeat infringer of the copyrights or other intellectual property rights of WarriorBabe or others.
6. TERMS OF SALE
a. Refund Policies
WARRIORBABE VIP PROGRAM™: The WarriorBabe VIP™ program is non-refundable following the time of purchase. The program will automatically re-bill each year based on the designated payment plan at the initial time of sale unless canceled before the renewal date. Cancellations must occur prior to the re-bill for the next year; refunds are not available once a purchase has been made. Please note that any promotions or discounts applied at the time of initial purchase are exclusive to the first year and will not apply to subsequent re-bills.
PHYSICAL PRODUCTS: Physical products must be returned according to the provided return instructions before a refund will be issued. WarriorBabe is not responsible for the cost of return shipping. Payments made with a credit card will be refunded to the card used for the order.
b. Subscription Billing
In the case of a recurring billing cycle, you authorize regularly scheduled charges to your credit card. You will be charged the agreed-upon rebill amount, and WarriorBabe will generate an invoice and collect payment at the beginning of your respective billing period (the “rebill date”). Your rebill date will be on the same day of the month as when you initially purchased WarriorBabe’s services or products. If your rebill date does not exist in a particular month, it will be moved to the last day of that month (e.g., January 31, February 28, March 31, etc.).
For the WarriorBabe VIP™ Program, the subscription will automatically renew annually based on the initial payment plan unless you cancel before the re-bill for the next year. You may cancel your subscription at least 5 days before the next billing period by sending a cancellation request from the email address on file to support@warriorbabe.com. Refunds are not available after the initial purchase but may be canceled before the re-bill date for the next year.
WarriorBabe will automatically charge your authorized credit card on your specific rebill date. You understand that the rebill amount will remain in effect until you cancel it according to our cancellation policy and agree to notify WarriorBabe of any changes in your account information at least 10 days prior to the next rebill date. If your card on file is declined for any reason, WarriorBabe will attempt to re-run the charge up to 4 more times within 9 days. If WarriorBabe has run your card 4 times with no success, your account will be canceled.
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