Terms & Conditions

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High Energy Girl Disclaimer

 

The information, including but not limited to, text, graphics, video, images and other material, contained on this website is for educational purposes only. The content is not intended in any way as a substitute for professional medical advice, diagnosis or treatment. Regardless of your current state of health, always seek the advice of your physician or other qualified health care provider with any questions you may have regarding your current health condition, a medical condition or treatment, and before undertaking a new health care regimen. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.

 

Results May Vary: the results in our testimonials are in no way a guarantee of your results. Individual results, including amount and time, will vary. Whether genetic or environmental, it should be noted that food intake, rates of metabolism and levels of exercise and physical exertion vary from person to person. This means all results will also vary from person to person. No individual result should be seen as typical. BY USING HIGH ENERGY GIRLWEBSITE OR PRODUCTS OR SERVICES, YOU AGREE THAT THE OWNERS, DISTRIBUTORS PARTICIPANTS, AFFILIATES, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS OF HIGH ENERGY GIRL (COLLECTIVELY, “HIGH ENERGY GIRL”) ARE NOT RESPONSIBLE FOR ANY LIABILITY OR LOSS IN CONJUNCTION WITH ANY CONTENT PROVIDED ON THIS WEBSITE. YOU FURTHER AGREE THAT HIGH ENERGY GIRL SHALL NOT BE LIABLE FOR PRODUCTS OR SERVICES RECOMMENDED ON THE SITE, AND THAT HIGH ENERGY GIRL SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR THE INABILITY TO USE THE MATERIALS/INFORMATION PUBLISHED OR PRODUCTS SOLD ON THIS SITE.

 

These statements have not been evaluated by the Food and Drug Administration. These products and services are not intended to diagnose, treat, cure or prevent any disease.

 

 

Privacy Policy

 

Thank you for shopping with us. High Energy Girl (“we,” “Our” or “Us”) is fully committed to protecting your privacy. we collect statistical information on the products and pages you view. we analyze that information to enhance your shopping experience with us. When you place an order, we collect basic information such as your name, address, phone number, email address, and credit card information. we use this information to process and ship your order, to contact you regarding your order and to answer any questions you may have. we may also share this information with certain suppliers, freight and shipping companies and manufacturers for the sole purpose of processing and shipping your order.

 

What information do we collect?

 

we may collect two different types of information, Personally Identifiable Information (“PII”) and Non-Personally Identifiable Information (“Non-PII”). PII is information that identifies you as an individual – for example, your name, address, telephone number, e-mail address, credit card information, billing address and shipping information. Non-PII is aggregated information, demographic information, IP addresses, user behavior data from web interaction metrics tools and other information that does not reveal your specific identity. PII and Non-PII may be collected anytime you access or use a High Energy Girl website. PII and Non-PII may also be collected by High Energy Girl during in-person discussions, telephone conversations, and electronic or other written communications. we also collect information via cookies (see below).

we collect information from you when you register on our website, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature.

When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. you may, however, visit our site anonymously.

we also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.

Like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our websites. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them.

 

How do we use your information?

 

we may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

To personalize your site experience and to allow Us to deliver the type of content and product offerings in which you are most interested.

To allow Us to better serve you in responding to your customer service requests.

To quickly process your transactions.

To administer a contest, promotion, survey or other site feature.

If you have opted-in to receive Our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and ‘members-only’ content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.

 

How do we protect visitor information?

 

We implement a variety of security measures to maintain the safety of your personal information. your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders, or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.

 

Do we use “cookies”?

 

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help Us remember and process the items in your shopping cart. They are also used to help Us understand your preferences based on previous or current site activity, which enables Us to provide you with improved services. we also use cookies to help Us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We may contract with third-party service providers to assist Us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help Us conduct and improve our business.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. you do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.

 

Do we disclose the information we collect to outside parties?

 

we do not sell, trade, or otherwise transfer to outside parties your PII unless we provide you with advance notice, except as described below. The term “outside parties” does not include ladybossweightloss.com. It also does not include website hosting partners and other parties who assist Us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. we may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

Non-PII may be provided to other parties for marketing, advertising, or other uses.

 

Who is Responsible for Safeguarding User Names and Passwords?

If you acquire a High Energy Girl subscription, you will be required to create an account with High Energy Girl. you warrant that the information you provide Us is truthful and accurate, and that you are not impersonating another person. you are responsible for maintaining the confidentiality of any password you may use to access your High Energy Girl account, and you agree not to transfer your password or User name, or lend or otherwise transfer your use of or access to your account, to any third party. you are fully responsible for all transactions with, and information conveyed to, High Energy Girl under your account. you agree to immediately notify High Energy Girl of any unauthorized use of your password or User name or any other breach of security related to your account. you agree that High Energy Girl is not liable, and you will hold High Energy Girl harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.

Who owns the photographs and testimonials on the High Energy Girl website?

you grant High Energy Girl permission to use any and all photographs, testimonials, or video or audio or digital recordings, taken by High Energy Girl or its agents or employees, or submitted by you to High Energy Girl (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of High Energy Girl or any product or service sold and marketed by High Energy Girl. you agree that this authorization to use Photographs may be assigned by High Energy Girl to any other party. you agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in High Energy Girl’ sole discretion. you agree not to charge a royalty or fee, and not to make any other monetary assessment against High Energy Girl in exchange for this Release and Assignment. you hereby release and forever discharge High Energy Girl from any and all liability and from any damages you may suffer as a result of the use of the Photographs. you further acknowledge and agree that this Release is binding upon your heirs and assigns. you agree that this Release is irrevocable.

 

How can you opt-out, remove or modify information you have provided to us?

 

To change your email subscription, simply click the ‘unsubscribe’ link at the bottom of our emails. This will allow you to unsubscribe and / or change your notification settings.

To delete all of your online account information from our database, please email Traceeladybossweightloss.com and ask to have your membership and /or payment information cancelled / removed. Please note that we may still maintain information about an individual sales transaction in order to service that transaction and for record keeping. The foregoing notwithstanding, all Photographs and all rights of use pertaining to such Photographs, will forever remain the property and rights of High Energy Girl.

 

Third party links

 

In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. we therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we welcome any feedback about these linked sites (including if a specific link does not work).

Except where expressly stated by High Energy Girl, High Energy Girl is not affiliated or associated with operators of any third-party websites that link to or are linked from any High Energy Girl-maintained website. High Energy Girl disclaims any responsibility for the accuracy or content of information found on third party websites that link to or are linked from any High Energy Girl website. High Energy Girl disclaims any responsibility for the security of any information (including without limitation credit card and PII that you may provide to any third party. High Energy Girl reserves the right, at any time and in its sole and absolute discretion, to block links to any High Energy Girl-maintained website through technological or other means without prior notice.

 

Changes to our policy

 

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply to information collected after the date of the change.

 

Questions and feedback

 

we welcome your questions, comments, and concerns about privacy. Please send Us any and all feedback pertaining to privacy, or any other issue.

 

Online Policy Only

 

This online privacy policy applies only to information collected through our website and not to information collected offline.

 

 

Return/Exchange Policy

we strongly believe in our products and want you to be fully satisfied with the purchases you make from us. This is the reason for the High Energy Girl Program’s 100% Satisfaction Guarantee.

If you cancel your monthly membership subscription within 7 days of signing up (during the free trial period), you will not incur any fees associated with the membership. This guarantee does not apply to purchases for access to Libraries, products, or any other programs or plans other than the High Energy Girl Lifestyle monthly membership.

100% Satisfaction Guarantee

 

What it is:

We want you to feel confident that High Energy Girl provides you everything that we say we will. If you do not feel as though we came through on our promise, simply send an email to Tracee@HighEnergyGirl.com and we will be happy to refund your purchase.

 

What it is not:

The satisfaction guarantee is not your scapegoat for not using the program. Harsh? Maybe, but it is our personal belief that when you financially invest in yourself, you are far more likely to utilize the tools available to you. Our tools have been developed to enable you to take control of your Lifestyle, mentality and ultimately your self-confidence. we have developed a system to educate YOU to create sustainable results – but the first step starts with you.

 

Policy

High Energy Girl can accept returns of products or services purchased directly from High Energy Girl, in accordance with the restrictions below. Although we strive to minimize process times, refunds may take more than one week to process once we receive all required information and products.

For all product returns, you must provide the original packing slip before we will consider reimbursement. In the event that you are returning a product to our warehouse, you are solely responsible for shipping and tracking the return of that product. we encourage you to purchase tracking information for your own insurance. we do not process returns on products that have not been received by our warehouse.

 

Policy Restrictions (Applicable to All Returns)

  1. To be considered for a refund or exchange, the return must be requested within 7 days of receipt. To request a refund or exchange, please email Tracee@HighEnergyGirl.com. Once the request is approved and you receive a return Label (for domestic orders), the item must be shipped within 7 days. In all cases, refunds will be made ONLY via the original form of payment. It may take up to two (2) billing cycles for the refund credit to appear on your statement.
  2. Shipping costs are non-refundable. you are responsible for shipping costs associated with returning the item.
  3. eBook, instant downloads, unlimited (i.e. Lifetime) access & Custom Meal Plan/Workout Plan purchases are non-refundable.
  4. All event ticket sales are final. Tickets purchased for a High Energy Girl event may not be returned or exchanged for a full or partial refund.
  5. Apparel purchased directly from High Energy Girl may be exchanged or returned for High Energy Girl store credit. The apparel item(s) must be in “new” condition including in an unworn and unwashed condition, and all original tags and labels must be attached to the item(s).
  6. Dietary Supplement refund requests will only be considered if the dietary supplement is unused, unopened, and in the original packaging.
  7. Other Items – All other items must be unopened and unused to be considered for a refund.

 

 

High Energy Girl Terms and Conditions

By using Our website, you agree to these Terms and Conditions. we reserve the right, in Our sole discretion, to change, modify, add or remove portions of these Terms at any time. you should check these Terms periodically for changes. By using this website after we post any changes to these Terms, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms, you should not use Our website and, if applicable, you should arrange to cancel your registered user account or subscription with us.

 

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE.

Definitions

  1. “High Energy Girl” is a trademark of Clever Creations Inc., and also refers to proprietary Weight Loss and Personal Training programs created by and exclusively owned by Clever Creations Inc. As used herein, references to “High Energy Girl” as a party means and refers to Clever Creations Inc. and its owner(s), parent company(ies), affiliate entities, employees, and assigns.
  2. “Member” refers to a person who has acquired a High Energy Girl membership subscription. “Membership” refers to a Member’s High Energy Girl subscription.
  3. “Parties” mean Clever Creations Inc. and you. Clever Creations Inc. and you are each a “Party.”
  4. “Terms” mean and refer to the Terms and Conditions set forth herein.
  5. “Trainer” means and refers to the Clever Creations Inc. employee, agent, or contractor who will assist you with your fitness goals, as further defined herein.
  6. “we,” “Us,” and “Our” mean and refer to Clever Creations Inc.
  7. “website” means and refers to this and any other website operated by Clever Creations Inc.
  8. “you” and “your” means the Member who has executed this Agreement by acquiring a membership subscription.

Eligibility

By registering to use the website, or procuring a Membership, you represent that you have reached the age of majority where you Live. you further represent that that you have the Legal capacity to accept these Terms, and to use the website in accordance with these Terms.

 

High Energy Girl Membership and Subscription

High Energy Girl can change any paid-for Membership subscription price detailed on the website or in any pre-contract information (including these Terms), at any time. Prices charged will be those confirmed to you at the time you submit your application for Membership. we may make offers for Trial Membership to new subscribers at any time. Where we offer you a Trial Membership of High Energy Girl (“Trial Membership”), such Trial Membership will run from the day after your application to register with High Energy Girl has been accepted by High Energy Girl and continue for the Trial Membership offer period as indicated on the website. Trial Memberships are only available to new Membership subscribers of High Energy Girl and for the Limited periods as set out on the website. Previous Membership subscribers or those subscribers who have already benefited from a Trial Membership subscription to High Energy Girl do not qualify for a further Trial Membership.

If you do not want to continue your subscription after your Trial Membership comes to an end. you must contact Us at least 24 hours before your Trial Membership period ends by submitting a cancellation request to Us via Our support email address, otherwise your subscription will automatically continue and you will be charged the full High Energy Girl Monthly Membership Subscription rate. Our support team will then direct you in the steps necessary to cancel your membership on Our website.

If you wish to cancel your High Energy Girl Membership subscription at any time after a Trial Membership or discounted periods as set out in these terms. you must give Us the following notice by submitting a cancellation request to Us via Our support email address to cancel your subscription. For monthly Membership subscriptions, we require at least thirty (24) hours’ notice of cancellation. For annual Membership subscriptions, we require at least thirty (30) day’s notice of cancellation. Our support team will then direct you in the steps necessary to cancel your membership on Our website.

 

Payment Terms

A Member is responsible for paying all sums due to High Energy Girl in connection with their Membership in accordance with these Terms. The first Membership fee payable in accordance with these terms is due when the Membership account is setup and payment of the Membership subscription fee is a condition of Membership. Every calendar month (or calendar year depending on the type of subscription applied for) your Membership account will be charged the subscription fee for the following months (or year’s) subscription, together with any other fees for the following months subscription (for example, proposed additional personal training costs) plus any accumulated charges for the past month (for example. for additional personal training costs incurred in the previous calendar month) (“Fees”). Failure by the Member to use any of the services available for a Member through its subscription to High Energy Girl does not relieve the Member of his/her payment obligations under these Terms. Potential registrants and/or Members can pay by Credit Card or Debit Card. Payment details, together with details of the subscription package applied for, shall be collected by Us through Our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Member’s financial data (as well as subscription package data) to PayPal’s online payment system for processing. you acknowledge that we hold data regarding the subscription package that is being signed up for by the Member, including the last four digits and the expiry date of the card used to purchase the subscription package together with details on when payment of Fees is due. The Member further acknowledges and agrees that by sending a request for a specific subscription package, that payments for Fees are due on a recurring basis in accordance with that specific subscription package (unless the subscription is cancelled in accordance with these Terms) and therefore authorizes the continual payment collection terms applicable to that specific subscription package (e.g. on a monthly basis and for a specific amount). you specifically authorize PayPal to collect payment for Fees from the Member’s Credit Card or Debit Card provided to PayPal and to forward payment of the Fees to us.

you agree that you will NOT send credit card details to High Energy Girl directly and that ALL credit card transactions shall be processed through PayPal via the website. High Energy Girl cannot be held responsible for the security of, or the misuse of, credit card or other personal information. Members should be aware that further terms and conditions required by PayPal may apply, and can be found at www.paypal.com. High Energy Girl reserves the right to immediately terminate a Member’s account and/or service for any unpaid (in whole or part) period of Membership subscription (with or without notice). Termination of service in no ways relieves or excuses the Member from any obligation to pay outstanding charges or expenses. In the event High Energy Girl starts collection processes of any type, you will be Liable for all collection costs, including Legal fees and expenses.

In addition to any Fees, High Energy Girl may also charge applicable value added or other tax.

 

License

you have Our permission to electronically copy and print hard copies of pages from this web site for your personal use only, and only to the extent necessary to place an order or shop with us. Any commercial use of such copies is strictly prohibited. Unless we give you written permission in advance, any other use of any website, its content and its information, including Linking or framing to any website, is strictly prohibited.

All aspects of Our website are protected by USA and international copyright and trademark laws, including all design elements, text material. logos, taglines, and metatags. hashtags, photographic images, personal stories, High Energy Girl icons, video and audio clips, downloads. No material on any website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The High Energy Girl trademark and logo are proprietary marks of High Energy Girl, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by High Energy Girl

User Communication/Authorization to use Photographs

High Energy Girl is pleased to hear from users and welcomes your comments regarding Our services. you alone are responsible for any communication, message, and/or other content that you post. upload. submit. transmit or share with High Energy Girl on this website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively ‘User Communications’). By transmitting or posting any User Communications. you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright. trademark. trade secret. rights of privacy, rights of publicity or any other applicable laws. High Energy Girl does not endorse or sponsor any User Communications submitted by you or other Members.

you are prohibited from posting, uploading, submitting. sharing or transmitting any unlawful. threatening. libelous. defamatory. obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. High Energy Girl will fully cooperate with any law enforcement authorities or court order requesting or directing High Energy Girl to disclose the identity of anyone posting any such information or materials. Subject to the terms and conditions set forth in Our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post. upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation. acknowledgment or attribution.

you grant High Energy Girl permission to use any and all photographs taken by High Energy Girl or its agents or employees, or submitted by you to High Energy Girl (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of High Energy Girl or any product or service sold and marketed by High Energy Girl. you agree that this authorization to use Photographs may be assigned by High Energy Girl to any other party. you agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in High Energy Girl’s sole discretion. you agree not to charge a royalty or fee, and not to make any other monetary assessment against High Energy Girl in exchange for this Release and Assignment. you hereby release and forever discharge High Energy Girl from any and all liability and from any damages you may suffer as a result of the use of the Photographs. you further acknowledge and agree that this Release is binding upon your heirs and assigns. you agree that this Release is irrevocable.

 

Termination

High Energy Girl reserves the right to terminate any Member’s Membership and/or service for any reason (including paid-for subscriptions and/or guest subscriptions) after providing e-mail notice to the Member.

 

No Medical Advice Provided

The content on this website and any information (including but not Limited to: newsletters, social media, images, emails, online chats, and telephone calls, herein referred to as ‘information’) provided by High Energy Girl. is provided for informational purposes only, and is not intended to be a substitute for professional medical advice.

This dietary program is not intended for use by children under the age of 18. The dietary needs of minor children are different than adults. you should consult your physician or other qualified health provider before beginning this or any other dietary program. At any time, you have questions regarding a medical condition, you should seek the advice of your physician or other qualified health care provider.

None of the contents of this website or any information provided by High Energy Girl are intended to be relied upon for medical advice, treatment or diagnosis. Any opinions expressed on this website or any information provided by High Energy Girl, are solely the opinions of the authors. High Energy Girl, their affiliated companies nor any of their employees assumes any liability for the contents of any materials provided on the website or any information provided by High Energy Girl. Reliance upon any opinion or advice provided on the website, via telephone, online chat. or emails at your own risk.

 

Food Allergy Disclaimer

High Energy Girl makes every attempt to provide accurate nutrition and ingredient information for every product on Our menu. we take food safety very seriously: however, there is always a risk of cross-contamination. There is also a possibility that manufacturers of the commercial foods we use could change the formulation at any time, without notice.

Please be aware that Our facility handles nuts and foods that may contain nuts or nut oils.

Customers concerned with food allergies need to be aware of these risks and understand that the consumption of foods provided by High Energy Girl is at their own risk.

 

Trainer’s Obligations

The Trainer will use his/her skills and knowledge to design a safe program of exercise that will take into account your Lifestyle, personal goals, fitness level, and medical history. The Trainer will provide coaching, supervision, advice and support to assist you in achieving your goals. you understand that the results of any fitness program cannot be guaranteed by High Energy Girl or the Trainer, and that your progress depends on your individual effort. Accordingly, individual results may vary.

 

your Obligations

you must commit to your training program 100% to achieve your goals. you are required to arrive on time for sessions with your Trainer. you are required to wear appropriate clothing and footwear. your Trainer may require a Letter of ‘medical clearance’ from your physician, and your physician may charge you for providing that Letter. you understand and agree that it is your responsibility to inform the Trainer of any conditions or changes to your health, now and on-going, which may affect your ability to exercise safely and with minimal risk of injury. If your Trainer requires further medical information from a practitioner. you must provide such information.

 

Links to Other websites

This Site may contain links to other websites. High Energy Girl assumes no responsibility for the content or functionality of any non- High Energy Girl website to which we provide a link.

 

Disclaimer

THE MATERIALS ON THIS WEBSITE ARE PROVIDED ‘AS IS” WITHOUT WARRANTIES OF ANY KIND. EITHER EXPRESS OR IMPLIED. INCLUDING WITHOUT LIMITATION. WARRANTIES OF TITLE. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL LPROPERTY. HIGH ENERGY GIRL WEIGHT LOSS EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS WEBSITE. YOUR USE OF ANY WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THIS WEBSITE. HIGH ENERGY GIRL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF ANY WEBSITE.

Force Majeure.

High Energy Girl will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of High Energy Girl. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. High Energy Girl shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

 

Limitation of Liability

YOU UNDERSTAND THAT THERE ARE INHERENT RISKS IN PARTICIPATING IN A PROGRAM OF STRENUOUS EXERCISE. IF YOU SUSTAIN OR CLAIM TO SUSTAIN ANY INJURY WHILE PARTICIPATING IN TRAINING, YOU ACKNOWLEDGE THAT HIGH ENERGY GIRL IS NOT RESPONSIBLE, AND THE TRAINER IS ALSO NOT RESPONSIBLE, EXCEPT WHERE THE INJURY WAS CAUSED BY THE TRAINER’S GROSS NEGLIGENCE. YOU AGREE THAT NEITHER HIGH ENERGY GIRL NOR YOUR TRAINER WILL BE HELD LIABLE IN ANY WAY FOR INJURIES RELATED TO UNDECLARED OR UNKNOWN MEDICAL CONDITIONS. YOU AGREE THAT IN NO EVENT SHALL HIGH ENERGY GIRL’ LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO HIGH ENERGY GIRL FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST HIGH ENERGY GIRL OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.

 

Indemnification

you agree to protect, defend, indemnify and hold harmless High Energy Girl, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of your conduct. your indemnity obligation includes, but is not limited to, any third-party claim against High Energy Girl for liability for payments for, damages caused by, or other liability relating to, you.

Assignment of Rights.

High Energy Girl may assign its rights under this Agreement at any time, without notice to you. your rights arising under this Agreement cannot be assigned by without High Energy Girl’ express written consent.

 

Contact

If you have any questions or complaints concerning any of the Terms, you may contact High Energy Girl by e-mail at tracee@HighEnergyGirl.com, or by regular mail 1210 Old Bolsa Road, Gilroy, CA 95020.

California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

Digital Millennium Copyright Act

If you believe that materials or content available on any High Energy Girl website infringes any copyright you own, you or your agent may send High Energy Girl a notice requesting that High Energy Girl remove the materials or content from the High Energy Girl website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send High Energy Girl a counter-notice. Notices and counter-notices should be sent to High Energy Girl, 1210 Old Bolsa Road, Gilroy, CA95020, or by e-mail to Tracee@HighEnergyGirl.com.

 

Arbitration, Governing Law, and Attorneys’ Fees.

Any claim or grievance of any kind, nature or description that you have against High Energy Girl including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Ada County, Idaho. you agree not to file suit against High Energy Girl or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by you and High Energy Girl. In the event that you and High Energy Girl are unable to reach agreement on an Arbitrator, you and High Energy Girl will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Ada County, Idaho. The arbitrators selected by you and High Energy Girl will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on you and High Energy Girl and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.

This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Idaho without regard to any choice of law provisions.

you understand and agree that you will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim you have against High Energy Girl to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against High Energy Girl may not be joined or consolidated with claims brought by anyone else.

Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.

Nothing in this Agreement prevents High Energy Girl from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect High Energy Girl’s rights prior to, during, or following any arbitration proceeding.

you agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either you or High Energy Girl commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.

 

Sever-ability

If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.

Waiver

No waiver by High Energy Girl of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.

Heading.

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way, defines or explains any section or provision hereof.

 

 

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