Please READ Carefully by registering or purchasing any product from EquippedwithStrength.com you (herein referred to as "Client") agrees to the follow terms stated herein.
Program/Service
Marianne Kane Fitness LLC (herein referred to as Marianne Kane Fitness LLC or Company) agrees to provide Program, Equipped with Strength (herein referred to as "Program") identified in online email sign-up form, or course registration/payment page. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Disclaimer
Client understands Marianne Kane (herein referred to as "Coach") and Myomytv, is not a lawyer, doctor, physical therapist, therapist, registered dietician, nutritionist, or psychotherapist. Client understands that Coach has not promised, shall not be obligated to and will not; (1) act as a therapist providing psychoanalysis, psychological counselling or behavioral therapy; (2) act as a registered dietician or nutritionist (3) act as a medical doctor, registered nurse, or physical therapist; (4) be liable, either expressly or in an implied manner; (5) be responsible for any physical or emotion harm/problems that could occur from the information on this Program. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
Health and Fitness Disclaimer
You should be in good physical condition and be able to participate in the Program.
You should understand that when participating in any exercise or exercise Program, there is the possibility of physical injury. If you engage in this exercise Program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge the Company from any and all claims or causes of action, known or unknown, arising out of the Coach's negligence.
Methods of Payment
If Client elects to pay by installments, Client understands that installments add up to a greater total than any single payment option. Client authorizes the Company to charge Client's Paypal balance, credit card or debit card on the agreed monthly basis. Client agrees to ensure funds are available for all payments.
Cancellation and Refund Policy
(amended on March 25th 2020 to absorb more risk during Covid-19 pandemic)
We are offering a 30 day refund policy on single payment option and first monthly payments, should you be unhappy with the Product or your circumstances change. To request a refund please contact support in the chat box, or at https://equippedwithstrength.com/contact or email support@equippedwithstrength.com by the 30th day following your registration at 11:59 ET.
Beyond this, you may cancel monthly subscriptions at any time via your account page, but no refunds will be made for any membership fees already paid after the first 30 days. Once you cancel, your final month will continue until the next billing date, and then your access to the site will expire. You'll no long have access to video content and community resources.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Product.
NOTE: If you signed up under the "Pay-What-You-Can" policy, the above also applies.
Confidentiality/Privacy
The Company respects Client's privacy and insists that Client respects the Company's and Program Participants (herein referred to as "Participants"). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company's publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company's direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Coach will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Intellectual Property
Marianne Kane Fitness LLC's program is copyrighted and original materials that have been provided to Client are for Client's individual use only and a single-user license. Client is not authorized to use any of Company's intellectual property for Client's business purposes. All intellectual property, including Company's copyrighted program and/or course materials, shall remain the sole property of the Marianne Kane Fitness LLC. No license to sell or distribute Company's materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client's agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Client Responsibility
Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any fitness endeavor, there is an inherent risk of injury and there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.
Miscellaneous
LIMITATION OF LIABILITY. Client agrees they used Company's services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter Releasees) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company's services or enrolment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
Modifcation
Company may modify terms of this agreement at any time. All modifications shall be posted on here and it is up to Clients to check.
Termination
Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client's participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
Indemnification
Client shall defend, indemnify, and hold harmless Company, Company's officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company's shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of Client's payment for the right to participate in Marianne Kane Fitness LLC Programs, the undersigned, heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Marianne Kane Fitness LLC and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter "Releasees") of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Programs.
Resolution of Disputes
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
Earning Disclaimer
Every effort has been made to accurately represent this product and its potential.
Any claims made of actual results 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 consistency, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or results. Nor are we responsible for any of your actions.
Materials in our product and our 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 results, benefits, or performance.
Any and all forward looking statements here or on any of our sales material are intended to express our opinion of fitness 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's, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
Marianne Kane Fitness LLC makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contain on this website or any sites linked to or from this site.
Affiliate Links and Earnings
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
We are also affiliates for Gymboss Interval Timer, and Kettlebell Kings. We only link to products and companies we believe in or use.
Contact
If you have any questions regarding this policy, or your dealings with our website, please contact us here: support@equippedwithstrength.com