Please read these Terms of Use carefully before purchasing, accessing or using any of our Programs, Products and Services.
Our Programs, Products, and Services are owned and operated by Vitality Lifts (“Company”, “we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Programs, Products and/or Services.
These Terms of Use (“Terms of Use”) state how you may use our Programs, Products and Services and Program Materials, and their content. Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time.
By using any of our Programs, Products and Services you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Programs, Products and Services.
These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs, Products, Services and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.
Use and Consent.
By purchasing or using any of our Programs, Products or Services, you agree to abide by these Terms of Use as well as our Refund Policy, and Privacy Policy, and any other terms and conditions that may apply, and are you are required to act in accordance with them. Accessing, purchasing or using our Programs, Products, Services or Program Materials, in any manner constitutes use of the Program, Products, Services and Program Materials, and your agreement to be bound by these Terms of Use.
All of our Programs, Products, Services and Program Materials are intended solely for users who are eighteen (18) years of age or older.
Any registration by, use of or access to any Program, Product, Service or Program Materials by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Programs, Products, or Services or our Program Materials, you represent and warrant that you are at least 18 years old.
Intellectual Property Rights.
Our Limited License to You. Our Programs, Products, and Services and all the Program Materials are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The content in our Programs, Products and Services is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our Program Materials or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.
If you purchase or access any of our Program Materials through our Programs, Products or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Programs, Products or Services or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
You are being granted a limited license to use our Program, Products and Services, and Program Materials with permission and restrictions. This means that when you purchase a Program, Product or Service from our Website or otherwise, you are purchasing the limited right to use the Program Materials in the form that is provided by us to you with certain conditions as specified in these Terms of Use.
You are permitted to use our Programs, Products, Services and Program Materials as follows:
You may download and/or print Program Materials for your own personal use or in your business.
However, you are not permitted to share, sell, reprint or republish any other of our Program Materials, including handouts, for resale or mass reproduction purposes for your own business use.
Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us.
All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website.
Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times.
Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Information You Are Prohibited from Sharing with Others.
As a Licensee, you understand and acknowledge that our Programs, Products and Services and the Program Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.
When you enroll in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:
You will not copy, share or steal our Programs, Products, Services, or Program Materials, or any parts of them.
You will not in any way use, copy, adapt or represent any of our Programs, Products, Services or Program Materials in any way as if they are yours or created by you.
You will not engage in improper and/or unauthorized use of our Programs, Products, Services and Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through our Programs, Products or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
You will not duplicate, share, trade, sell, or otherwise distribute our Programs, Products, Services or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Programs, Products and Services or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Program, Product, Service, and Program Materials.
You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service or Program Materials.
You will not reprint or republish any part of our Programs, Products, Services or Program Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Programs, Products or Services or Program Materials as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.
You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
Limitations on Linking and Framing.
You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
Your License to Us. By posting or submitting any material on or through our Programs, Products, Services or Program Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Programs, Products, Services and/or Program Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Programs, Products, Services and/or Program Materials at any time for any reason whatsoever.
Media Release.
By participating in our Programs, Products and Services, and using our Program Materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Services in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Request for Permission to Use Content.
Any request for written permission to use our Programs, Products, Services or Program Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by completing the “Contact Us” form on this Website, or by sending an email to VitalityLifts@gmail.com
We very clearly state that you may not use our Programs, Products, Services or Program Materials, in whole or in part, in any way that is contrary to these Terms of Use unless we have given you specific written permission to do so.
If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission.
If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Programs, Products, Services or Program Materials.
Security.
When you apply for, enroll in, purchase or use our Programs, Products or Services, or Program Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).
By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Program, Product, Service or Program Materials, we take measures to protect the security of your Confidential Information both online and offline.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
Personal Responsibility and Assumption of Risk.
As a Licensee, you agree that you are using your own judgment in using our Programs, Products, Services and Program Materials and you agree that you are doing so at your own risk. Our Programs, Products, Services and Program Materials are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Programs, Products, Services and Program Materials. Our Programs, Products, Services and Program Materials are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Programs, Products, Services and Program Materials.
We take every precaution to protect our Programs, Products, Services and Program Materials. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Programs, Products, Services and Program Materials or the contributions or information transmitted to us on or through our Website or our Programs, Products, Services and Program Materials. Submitting contributions or information on through our Programs, Products, Services and Program Materials is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of our Programs, Products, Services and Program Materials and you agree that you are assuming such risks.
Facebook Disclaimer.
NOT FACEBOOK™: This site is not a part of the Facebook™ Website or Facebook Inc. Additionally, this site is NOT endorsed by Facebook™ in any way. FACEBOOK™ is a trademark of FACEBOOK™, Inc.
Disclaimer.
Our Programs, Products, Services, and Program Materials are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including you.
Medical Disclaimer & Risk Of Product Use.
This website’s content is not a substitute for direct, personal, professional medical care and diagnosis. None of the meal plans or exercise programs should be performed otherwise used without clearance from your physician or health care provider first. The information contained within is not intended to provide specific physical or mental health advice or any other advice whatsoever, for any individual or company should not be relied upon in that regard. I am not a medical professional and nothing on this website should be misconstrued to mean otherwise.
There may be risks associated with participating in activities mentioned on my site for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in any meal plans available from me if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities. These risks may also exist for those who are currently in good health right now. As with any exercise program, you assume certain risks to your health and safety. Any form of exercise program can cause injuries, and my program is no exception. It is possible that you may become injured doing the exercises in your program, especially if they are done with poor form. Although thorough instruction is included for each exercise.
Be aware that my programs (like any other exercise program) do involve a risk of injury. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities. These risks may also exist for those who are currently in good health right now.
I am not a medical practitioner. My advice, whether it be on my website in my meal plans, exercise program, or via email coaching, is not meant as a substitute for medical advice. You must consult your doctor before beginning ANY meal plan or exercise program, No exceptions. You are using my plans, programs, workouts, and coaching at your own risk and I am not responsible for any injuries or health problems you may experience or even death as a result of using my programs.
It is to be made clear that I am not responsible for any injuries or health problems you may experience or or even death as a result of using any of my products or services.
Our Programs, Products, Services, and Program Materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered healthcare professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Programs, Products, Services, and Program Materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
Testimonial Disclaimer.
All the transformations and testimonials are real. However, it must be disclaimed that these testimonials are not claimed to represent typical results with my meal plans and workout programs. They are meant as a showcase of what the most motivated and dedicated people can achieve.
By following my personalized meal plans and workout programs. Your results may vary and you may not get the same results compared to someone else who uses my services due to the differences in your individual exercise history, genetics, and personal motivation/dedication. The end results you get will depend upon the individual and how much effort you put in. Each client testimonial that you see is based on what your clients tell us. We Don't verify their statements, we take their word on it. Getting results is hard, and each of our clients work really hard to get results. We don’t guarantee any results and you should know that progression and investing in yourself is a risk.
Progression Session Disclaimer.
After completing an application, you will get the opportunity to schedule a progression session with a qualified person from our team. This is completely optional. The session lasts about 30 minutes and if you do not want to work more closely with us, you can leave without buying anything. The Progression Session is for providing insight on your current situation and offering strategies for growth that you will be able to implement right away.
Forward-Looking Statements Disclaimer.
Materials contained on this website or in materials purchased and/or downloaded from this website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. forward-looking statements give our expectations or forecasts of future events. you can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements here, in other materials contained on this website or in materials purchased and/or downloaded from this website are intended to express our opinion of earnings potential. many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
Due Diligence Disclaimer.
You are advised to do your own due diligence when it comes to making decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of professional advice. Nothing contained on the website or in materials available for sale or download on the website provides professional advice in any way. You should consult with your own accountant, lawyer, or professional advisor for any questions you may have.
We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.
Purchase Price Disclaimer.
Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for Vitality Lifts products and/or services has been arbitrarily set by us. This price bears no relationship to objective standards.
Legal and Financial Disclaimer.
Our Programs, Products, Services, and Program Materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Programs, Products, Services, and Program Materials. You are solely responsible for your results.
Earnings Disclaimer.
Every effort has been made to accurately represent this product/service and its potential. In terms of earnings, there is no guarantee that you will earn any money using the techniques and ideas in this material or on this website. Information presented on this website is not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques.
Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level.
Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anyone else's. No guarantees are made that you will achieve any results from our ideas and techniques in our material.
It should be understood that while it's our intention to help you grow, most people do not get results when they purchase online coaching programs in general. That isn't specific to any one course, it's just the nature of human beings to not see the program they purchased through to the end.
You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of Vitality Lifts products and/or services, and that we have not authorized any such projection, promise, or representation by others.
Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).
There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings”.
The economy, both where you do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by Vitality Lifts products and/or services.
Your success in using the information or strategies provided at VitalityLifts.com depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all.
Internet businesses and earnings derived therefrom, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase Vitality Lifts products and/or services, and/or any monies spent setting up, operating, and/or marketing Vitality Lifts products and/or services, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).
Warranties Disclaimer.
We make no warranties as to our programs, products, services, or program materials. you agree that programs, products, services, or program materials are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the programs, products, services, or program materials will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website content is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our program, product or services materials or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
Technology Disclaimer.
We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, email communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services or Program Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services or Program Materials inaccessible to you.
Errors and Omissions Disclaimer.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Links to Other Websites Disclaimer.
We may provide links and pointers to other websites maintained by third parties that may take you outside of our Programs, Products, Services or Program Materials. These links are provided for your convenience and the inclusion of any link in our Programs, Products, Services or Program Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included in our Programs, Products, Services or Program Materials. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies by purchasing and/or using our Programs, Products, Services or Program Materials in any way or for any reason.
Indemnification.
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs, Products, Services or Program Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
Limitation of Liability.
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs, Products, Services or Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use our Programs, Products, Services or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.
Release of Claims.
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
Your Conduct.
You are agreeing that you will not use our Programs, Products, Services or Program Materials in any way that causes or is likely to cause the Programs, Products, Services or Program Materials, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.
You must use the Programs, Products, Services or Program Materials for lawful purposes only. You agree that you will not use our Programs, Products, Services or Program Materials in any of the following ways:
For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity.
To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others.
To send, negatively impact, or infect our Programs, Products, Services or Program Materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not.
To cause annoyance, inconvenience or needless anxiety.
To impersonate any third party or otherwise mislead as to the origin of your contributions.
To reproduce, duplicate, copy or resell any part of our Programs, Products, Services or Program Materials in a way that is not in compliance with these Terms of Use or any other agreement with us.
Communication Guidelines.
If you have a question or concern about your Programs, Products, Services, or Program Materials, you may contact us at VitalityLifts@gmail.com and we will do our best to reply to your question or concern promptly.
Purchases and Online Commerce.
If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently.
If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.
All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Programs, Products or Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Programs, Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
NOTE: If you have purchased one of our products via a payment plan of any kind, you are required to make all payments until you are paid in full. To protect ourselves and our affiliates we do send payment defaults to a collections agency and this can have a negative impact on your credit score.
Termination.
You have the right to terminate your use of or participation in our Programs, Products or Services at any time by reaching out to us at VitalityLifts@gmail.com
We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services or Program Materials, in full or in part, at any time, without notice, by sending you an email to the e-mail address you provided upon purchase of the Program, Product or Service.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services and/or our Program Materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services or Program Materials at any time without notice and in our sole discretion.
All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.
Dispute Resolution.
It is hoped that should we ever have any differences, we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must contact us at VitalityLifts@gmail.com and include all of your reasons for dissatisfaction with your Program, Product or Service. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.
By purchasing our Programs, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You also agree that should arbitration take place, it will be held in Hartford, CT, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
Confidentiality and Privacy.
Confidential Information. To use our Programs, Products, Services or Program Materials, we may seek personal data or information including your name, e-mail address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in our Programs, Products, Services or Program Materials (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms of Use and our full Privacy Policy which may be found on our Website. If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any Confidential Information found to be incorrect.
What We Do With Confidential Information. We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Programs, Products, Services or Program Materials, (3) to periodically send promotions about new Programs, Products or Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Programs, Products or Services you purchase or use according to your interests and/or (6) for support or communication related to your Program, Product, Service or Program Materials.
Storage.
All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.
Confidentiality and Disclosure.
All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information: (1) pursuant to this terms of these Terms of Use and Privacy Policy and our Disclaimer, (2) if we are required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, (5) to protect and defend our rights or property or those of our users or purchasers, and/or (6) to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.
Viewing by Others.
Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Programs, Products, Services, or Program Materials, our Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.
How We Use Cookies.
We may use the standard “cookies” feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of our Programs, Products, Services or Program Materials may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Programs, Products, Services or Program Materials.
Passwords.
To use certain features of our Programs, Products, Services, or Program Materials, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Program, Product, Service, Program Materials, Website, private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our Programs, Products and Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
If you have any questions about any term of these Terms of Use, please contact us at VitalityLifts@gmail.com.
FITNESS COACHING AGREEMENT
BETWEEN
VITALITY LIFTS LLC & CLIENT
THIS FITNESS COACHING AGREEMENT (“Agreement”) is entered into and becomes effective on above date between Vitality Lifts LLC (“Vitality Lifts”) and signee (“Client”). Vitality Lifts will enter into this Agreement with the sole intent and purpose of providing coaching and training services to Client. Jeremy Kitzmann (“Kitzmann”) will be acting as an Agent of Vitality Lifts, and will provide Client with online coaching, dieting, and training services.
A. WHEREAS, Client desires to receive certain coaching, nutrition, training services, and knowledge from Vitality Lifts, as a result of Vitality Lifts industry knowledge, training, experience, wherewithal, business connections, and online coaching record.
B. WHEREAS, Vitality Lifts, as a result of Vitality Lifts particular expertise, education, skill, success, knowledge, and experience in the fitness industry, has developed a particular methodology and coaching system that is superior to other fitness coaching systems on the global market.
C. WHEREAS, Vitality Lifts provides various services associated with sports-performance and training which is focused on improving the physical aesthetics of clients, including improving muscle tone, reducing fat, increasing the athlete’s strength, speed, power, agility, flexibility, coordination and cardiovascular endurance. Vitality Lifts crafts a highly tailored and specialized training protocol for Client. Vitality Lifts knowledge and skill have been acquired over the years and the methodologies and training protocols incorporated by Vitality Lifts for Vitality Lifts’ Clients allow Clients the greatest opportunity to achieve their fitness and physique goals.
D. WHEREAS, Vitality Lifts, for valuable consideration and compensation, provides the highest level of online coaching, training, nutrition services, and protocols to train Clients. Clients, in turn, benefit from learning from an industry leader in the personal online training and coaching services.
E. WHEREAS, Client recognizes the benefits derived from receiving information from Vitality Lifts and desires to enter into this Fitness Coaching Agreement subject to the conditions prescribed herein. Vitality Lifts will be compensated for coaching and training the client pursuant to the terms set forth in this Agreement.
Therefore, Vitality Lifts and Client, hereinafter collectively referred to as the Parties, agree as follows:
ARTICLE 1.
SERVICES PROVIDED AND TERMS OF SERVICE
The following are services provided by Vitality Lifts to Client in exchange for the payment and compensation listed below.
1.1 Online Fitness Coaching. Vitality Lifts will create, design and forward to Client a comprehensive diet, nutrition and training protocol for Client to follow. The purpose of this protocol is to tailor the specific needs of Client in helping Client reach its fitness and training goals. It is incumbent on the Client to follow the details, recommendations, instructions, and protocols Vitality Lifts creates for Client in order for Client to maximize its fitness and aesthetic results. Results are in no way, shape or form to be guaranteed or warranted, as more fully explained infra.
1.2 No Guarantee of Results. Vitality Lifts and Kitzmann in no way, shape, or form, either expressly or impliedly guarantee the results of Client. Much of Client’s results will be dependent on Client’s focus, willingness to work hard, and other variables which are outside of Vitality Lifts and Kitzmann's control such as Client’s injuries, already existing shape and fitness, and health conditions. Much of the results, however, will be based off of Client following the plan prescribed by Vitality Lifts.
1.3 Confidentiality of Agreement. Subject to the terms and conditions contained this Agreement, Client will, at all times, maintain the strictest confidentiality of the training methods, techniques, proprietary information and trade secrets provided by Vitality Lifts to Client. Client is not to share any trade secrets, methodologies, training methods, techniques, or proprietary information to any parties other than the Parties to this Agreement. Client is, under no circumstances, allowed to share, disseminate, store, transfer, convey, sell, discuss, or distribute, in any way shape or form, either written or spoken, any material given, provided, shared or discussed between Vitality Lifts, Kitzmann and Client. All material, trade secrets, coaching techniques, training methods, and proprietary information are owned by Kitzmann and Vitality Lifts only. A violation of this provision is grounds for civil action with monetary damages, including punitive damages.
ARTICLE 2.
CLIENT REPRESENTATIONS
2.1 Use of Photos and Testimonials. Clients hereby warrant and allows for Vitality Lifts and Kitzmann to utilize the Client’s likeness and image, including Client’s photographs, progress photos, emails, text messages, social media postings, communications between Vitality Lifts, Kitzmann and Client, and testimonials. The purpose of this provision is to further Vitality Lifts and Kitzmann's goodwill, promotion, marketing and client procurement.
2.2 Waiver of Liability. Client hereby irrevocable warrants that it will waive its right, the right of its heirs, assigns, estate or representatives for filling any and all claims for liability, whether in contract or tort, in law or in equity, against Vitality Lifts and Kitzmann as a result of their engaging in this Agreement and the training and online coaching program, and any and all injuries that Client may or may not endure or receive as a result of following Vitality Lifts and Kitzmann's fitness protocols, diet, nutrition, and instructions.
2.3 Warrant Fitness and Ability to Perform. Client warrants, states, and contends that Client is unaware of any disabilities, illnesses, handicaps, or medical conditions that would prevent Client from engaging in physical activity and dieting to be undertaken under Vitality Lifts direction and recommendations. Clients further warrants that Client previously was under the care of a medical doctor and will continue to remain under the care of a medical doctor while under the direction of Vitality Lifts. Client further warrants that Client will inform Vitality Lifts and Kitzmann of any medical issues, training problems, or health issues which would adversely affect Client’s ability to exercise, train and engage in the program and protocol designed by Vitality Lifts and Kitzmann. Under no circumstances or conditions will Client hold Kitzmann, Vitality Lifts or any of their employees, independent contractors, agents, representatives, borrowed servants, ambassadors, coaches, staff, personnel, family members, heirs, or attorneys liable for any physical or mental injuries that they receive as a result of following Vitality Lifts and Kitzmann's nutrition, workout programs, protocols, advice, counsel or recommendations.
2.4 Vitality Lifts and Kitzmann Do Not Replace Advice from a Doctor. Client warrants, states, contends and promises, that at no point, either in written or spoken word, has Vitality Lifts or Kitzmann contended Vitality Lifts and Kitzmann are qualified doctors, nurses, holistic healers, medical providers, or therapists that provide medical advice, diagnoses or treat any injuries. Client fully understands, warrants, and contends that Kitzmann, Vitality Lifts, and any of their employees, agents, representatives, coaches, or staff contend or represent themselves to be qualified doctors, nurses, medical providers, or therapists that provide medical advice, diagnoses or treat any injuries or illnesses.
2.5 Duty to Communicate. Client hereby warrants, states, understands, contends and promises to regularly communicate with their Coach, whether it be Vitality Lifts or any staff member or Coach of Vitality Lifts in order to promptly notify them of questions, concerns, updates, progress pics, and advice regarding their training, nutrition, and progress under the program offered.
2.6 Defamation. Client hereby warrants, states, understands, contends and promises to not make any defamatory statements of Vitality Lifts, Kitzmann or any of their employees, agents, independent contractors, coaches, borrowed servants, or representatives at any point, irrespective of whether Client is still under the coaching and supervision of Vitality Lifts and Kitzmann in the past or is no longer.
ARTICLE 3.
PAYMENT AND COMPENSATION
3.1 In consideration of Kitzmann to execute this Agreement, the client will pay a balance of the Agreed amount if paid in full at the time of the agreement, if not paid in full the client will pay recurring payments until a balance is paid in full for Vitality Lifts coaching to be tendered in any manner preferable and recommended by Kitzmann. Kitzmann is not required and will not give any refunds to the client after payment has been made. The Client fully understands by signing this document that any funds paid are non-refundable.
a. Vitality Lifts and Kitzmann will commence work, training, and coaching once good available funds are tendered and, in the possession, and control of Vitality Lifts and/or Kitzmann.
b. All payments tendered to Kitzmann and/or Vitality Lifts are nonrefundable after 30 days of purchase.
c. The Payment is consideration and compensation for Kitzmann to coach Client duration of the training program.
d. All transactions are final and are in no way subject to any refund under any conditions after 30 days of purchase
e. Vitality Lifts and Kitzmann are able to terminate this Agreement, without required notice to be given to Client, should Client not be timely on payments.
f. Vitality Lifts and Kitzmann are hereby allowed to charge a credit card on file and Client herein agrees to establish automatic monthly recurring payments. Should Client cancel card, report it lost or stolen, or the card expires, Client must inform Vitality Lifts and Kitzmann at the earliest possible convenience of the cancellation, stolen status, or expiration. Client will thereafter provide Vitality Lifts and Kitzmann with the new credit card information from which Vitality Lifts is to withdraw funds from.
g. A 5% late penalty interest will be accrued on balances that are not promptly paid. Any outstanding payments which exceed thirty (30) days will be sent to a collection agency without objection from Client.
h. Vitality Lifts and Kitzmann are in no way, manner, shape or form liable or responsible for any fees accrued from credit card companies or banking institutions. That cost will solely be borne by the Client.
ARTICLE 4
DISCLAIMER AND USE OF TESTIMONIALS
4.1 Disclaimer. Kitzmann and Vitality Lifts do not, under any circumstances, warrant or guarantee any specific results, guarantee any amount of income that will be received or earned, or any goals reached by Client. Results that Client achieves are in no way, shape, or form, guaranteed by Kitzmann, Vitality Lifts, or any of their agents, employees, independent contractors, subsidiaries, borrowed servants, or by any other third party.
4.2 Use of Testimonials. Client hereby allows for Kitzmann and Vitality Lifts to utilize any and all of Client’s testimonials that Kitzmann and Vitality Lifts find strategic and useful for their business. Client hereby irrevocably grants Kitzmann and Vitality Lifts the right of use of Client’s testimonials. Kitzmann and Vitality Lifts may cease use and dissimilation of any such Client testimonials without warning and at Kitzmann and Vitality Lifts discretion.
4.3 Testimonial Professionalism and Restraint from Negativity. Client hereby agrees to always maintain the highest levels of professionalism when posting photos and messages to their social media postings. This includes the directive that Client will not post any derogatory, negative, or discriminatory language or opinions that would in any way be deemed to be harassing, unkind, or bullying to another party. Client is also to refrain from using profanatory and negative language on their social media postings.
ARTICLE 5
PROPRIETARY PROPERTY AND WAIVER OF CLAIMS
5.1 Client’s Use of the Proprietary Property. Client may use the Proprietary Property only in accordance with standards and specifications set forth in this Agreement to pursue Client’s fitness goals, so long as they do not violate this Agreement. Without limiting the foregoing, both during and after the terms of this Agreement. Client must use the Proprietary Property only in connection with the terms set forth in this Agreement and other authorized use in accordance with specific written direction from Vitality Lifts and Kitzmann.
5.2 Infringement by Client. Any use of the Proprietary Property not in strict accordance with, or outside the scope of, this Agreement, without Vitality Lifts and Kitzmann's prior consent, infringes Vitality Lifts and Kitzmann rights in the Proprietary Property. Should Client infringe on Vitality Lifts and Kitzmann Proprietary Property, Client will be responsible for any and all damages, whether statutory or at common law, including any and all attorney’s fees, costs, arbitration, mediation and courts costs relating to Kitzmann and Vitality Lifts pursuit of claims against Client. Client is in no way, shape, or form, allowed to give away, share, dissimilate, exhibit, post, transfer, illustrate or discuss any confidential material exchanged between the Parties.
5.3 Ownership; Inurement Solely to Vitality Lifts and Kitzmann. Except as expressly granted in this Agreement, Client has no ownership or other rights in the Proprietary Property. Vitality Lifts and Kitzmann are the owners of the Proprietary Property.
5.4 Waiver of Claims. At any point, Client hereby agreed to irrevocably and unequivocally waive any and rights, whether in law or in equity, to file any claims, sue, demand or file any and all lawsuits, compel mediation or arbitration with Kitzmann and Vitality Lifts, and any of Kitzmann or Vitality Lifts employees, contractors, and managers relating to any business transactions entered into between the Parties by virtue of this Agreement.
ARTICLE 6
WAIVER OF LIABILITY AND GENERAL PROVISIONS
6.1 Waiver of Liability. Client agrees to irrevocably hold Kitzmann and Vitality Lifts, and their affiliates, designees, brokers, agents, and their respective officers, directors, representatives, employees, agents, independent contractors, family members, attorneys, and heirs harmless for any and all losses, whether in tort or contract, or any other statutory or common laws, liabilities, claims, demands, whether in law or equity, that may exist as of the Agreement Date relating to this Agreement or any other agreement including any and all claims, whether presently known or unknown, suspected or unsuspected, arising under this Agreement, or other laws of the United State, any state or locality.
6.2 Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, are binding upon, inure to the benefit or, and are enforceable by the parties and their respective personal representatives, legal representatives, heirs, successors and permitted assigns.
6.3 Notices. All notices, requests, demands, approvals, consents and other communications required or permitted under this Agreement must be in writing and must be (as elected by the person giving such notice) hand delivered by messenger or courier services, mailed by registered or certified mail (postage prepaid), return receipt requested, or sent by facsimile or email (provided the sender confirms the facsimile or email be delivering an original confirmation copy by mail or expedited delivery service.
6.4 Jurisdiction and Venue. Each of the parties irrevocably and unconditionally:
a. Agree that any suit, action or legal proceeding arising out of or relating to this Agreement, or the relationship of the parties arising therefrom or from entering into this Agreement, must be brought only in Ladson, South Carolina.
b. Waive any objections that he, she or it may have to the laying of venue of any such suit, action, or proceeding in any of such courts; and
c. Agree that service of any court paper may be affected on such party by mail, as provided in this Agreement, or in such other manner as may be provided under applicable laws or court rules in the State of Texas.
6.5 Interpretation. Each of the Parties has been or has had the opportunity to have been represented by their own counsel throughout the negotiations, as well as at the execution of this Agreement and all the other documents executed incidental to this Agreement. Therefore, while this Agreement is effective as well as after its expiration or sooner termination, none of the parties may claim or assert that any provision of this Agreement or of the other documents should be construed against the drafter thereof.
6.6 Entire Agreement. This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement, and supersedes all other negotiations, understandings, and representations, if any, may by and between the Parties. No representation, inducement, promise or agreement, oral or otherwise, if any, not embodies in this Agreement, its Exhibits, or any other agreement related to this Agreement and expressly references herein is of any force and effect.
The parties have duly executed and delivered this Agreement as of the date of purchase.
Vitality Lifts
