Team Hardbody Coaching., LLC (“Team Hardbody Coaching.,” “us,” “we,” or “our”) provides a service of rebates (“Rebates”) to buyers on www.teamhardbodycoaching.com. Products for sale on the Site and provide the URL to where the item can be purchased. Rebates are claimed through the Site or 3rd party, and we send the check to the buyer for the Rebate. **Payment formats and timeframes may vary.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
For local orders:
If you decide to place an order for a product and select local shipping, we kindly request that you pick up your order within 30 days of purchase. We value efficient inventory management, and failure to collect your order within this timeframe may result in the cancellation of your order and forfeiture of payment.
For shipping orders:
If you prefer the convenience of having the energy drinks shipped to your location, please note that shipping charges will apply. For detailed information on shipping fees, delivery times, and other relevant terms, please refer to our Shipping Policy.
“We understand the importance of rebates and promotions to our customers. Typically, we process and pay out rebates/promotions within 45 to 60 days from the qualifying event. However, please be aware that the processing time may vary depending on the specific circumstances. We appreciate your patience and assure you that we are committed to fulfilling our rebate/promotion commitments within a reasonable timeframe.”
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – REBATES
To qualify for a Rebate, you must:
(i) Be signed up for a Team Hardbody Coaching., LLC account. You can set up your account here: [insert account registration URL] or with 3rd party that we approve or authorize.
(ii) Complete a purchase using the URL provided from the Site (“Qualified Purchase”). If you complete your purchase through another URL not associated with the Site, you may not be eligible to receive the Rebate.
Once your information is received, your Rebate will be reviewed and approved by the Seller in their sole discretion. Team Hardbody Coaching., LLC is not responsible for any unapproved Rebates. Furthermore, if you return the item subject to the Rebate, you forfeit your right to the Rebate, and the amount will be deducted from your account.
SECTION 4 – BUYER REBATE PAYMENT REQUIREMENTS
To ensure the payment of applicable Rebates, you are required to adhere to the following conditions:
- Account Information: As a condition of payment, you must establish and maintain an account with accurate information necessary for payment processing. This includes providing your first and last name, a valid email address capable of receiving email communications, a valid postal address for mail delivery, and a secure password to protect your account. Additionally, you agree to provide any additional information that we may reasonably request to verify your identity as a condition for receiving payment.
- Prohibition on Reselling: You agree not to resell any products purchased in connection with the Site. Should you choose to resell any products, Team Hardbody Coaching., LLC reserves the right to cancel the Rebates and take appropriate action. This policy is in place to protect the integrity of the Rebate program and safeguard against unauthorized distribution of Team Hardbody Coaching., LLC products.
- Single Account Policy: To maintain fairness and prevent abuse of the Rebate program, you agree to maintain only one account per household. Creating multiple accounts to claim additional Rebates is strictly prohibited.
- Single Rebate per Unique Product: You agree not to claim more than one Rebate per unique product in connection with the Site. Each product is eligible for a single Rebate claim per buyer unless you’ve been given approval.
- Exclusion of Additional Coupons or Discounts: When claiming Rebates through the Site, you agree not to apply any additional promotional coupons or discounts beyond the RebateKey offer. This ensures the Rebate program operates as intended and maintains fairness for all participants.
Team Hardbody Coaching., LLC reserves the right, in its sole discretion, to remove any Buyer Content as it deems necessary.
Rebates are paid to buyers in US dollars and are available in the following payment methods:
- Gift Card: Sent to the email address registered in your account.
- Verified US PayPal Account: Direct payment to your verified PayPal account.
- Check: Mailed to your registered postal address.
- Other payment methods may vary**
Please note that the payment schedule for Rebates may vary, typically occurring on a weekly or monthly basis. Team Hardbody Coaching., LLC reserves the right to modify the payment schedule at any time. It is your responsibility to keep your account address up to date. We cannot be held responsible for payments delivered to an incorrect address. If a check expires without being cashed or deposited, or if it is returned uncashed to Team Hardbody Coaching., LLC, the corresponding amount will be returned to your Account; however, it will be subject to a returned check fee of $35, which will be automatically deducted from your balance.
In the event that money is returned to your balance, and your Account remains inactive for one (1) year, a monthly administrative fee of $15 will be deducted automatically from your account. However, the monthly administrative fee will not cause the account balance to go below $0.00.
While Team Hardbody Coaching., LLC cannot identify every reason why a Rebate claim may be rejected by the Seller, the following is a non-exhaustive list of reasons for denial:
- Submission of an illegitimate rebate.
- Cancellation or refund of the order.
- Return of the product.
- Application of an extra coupon or discount in addition to the Promotion offer.
- Purchase of a different item than the one advertised on the site.
- Multiple purchases of the same item from the same account on the marketplace, in connection with the site (subject to seller policies).
- Listing the purchased item for resale on a prohibited online marketplace.
- Attempted fraud or clear system abuse.
- Usage of bots, automation software, multiple browsers, proxy IPs, etc.
- Engagement in any other suspicious activity as deemed by Team Hardbody Coaching., LLC.
Additional reasons for denial may be added at the sole discretion of Team Hardbody Coaching., LLC. It is your responsibility to regularly check your account to ensure accurate reflection of Rebates and account balance. If you believe that a Rebate has not been correctly added to your account, you must contact Team Hardbody Coaching., LLC Customer Service at [email protected] within sixty (30) days of the transaction. Failure to do so will be deemed as waiving your claim to the Rebate. If you disagree with any adjustments made to your account or payments received, your sole remedy is to cancel your account and discontinue using our Services. You will be solely responsible for any tax liability arising from payments received from Team Hardbody Coaching., LLC
SECTION 5 – SELLER STORE POLICIES; REBATE APPROVAL; TEAM HARDBODY COACHING., LLC PRODUCTS
When purchasing a product from Team Hardbody Coaching., LLC (“Team Hardbody Coaching.,” “us,” “we,” or “our”) through the Site, it is important to familiarize yourself with and comply with our store policies. These policies include exchange and shipping guidelines. We highly recommend that you carefully review and understand these policies before making a purchase. Please note that any participation in offers, promotions, or correspondence with Team Hardbody Coaching. is solely between you and Team Hardbody Coaching.. We operate independently and assume no liability, obligation, or responsibility for any part of such correspondence, offer, or Rebate, including the withdrawal or modification of any such offer or Rebate.
All matters relating to the products and services offered by Team Hardbody Coaching., including purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are governed by the terms and conditions established by Team Hardbody Coaching.. We make no warranties or representations regarding any goods or services provided by us. We will not be considered a party to any transactions between you and us, whether or not we receive any form of revenue or remuneration in connection with the transaction. You agree that Team Hardbody Coaching. will not be held liable for any costs or damages arising from such transactions, whether directly or indirectly.
In the event that you need to request a refund, you must contact Team Hardbody Coaching. directly. We are solely responsible for handling refund requests and addressing any concerns related to the purchase. Team Hardbody Coaching. will not be responsible for Rebates, refunds, errors in issuing Rebates or refunds, or the lack of Rebates or refunds. It is important to note that the accuracy and truthfulness of any product information or content provided by Team Hardbody Coaching. is our sole responsibility. We strive to provide accurate and reliable information.
While we endeavor to ensure a smooth transaction experience, if you encounter any issues or have any disputes related to Rebates or refunds, please contact Team Hardbody Coaching. for resolution. We are committed to addressing your concerns to the best of our abilities.
It is important to review your account regularly to ensure that your Rebates are accurately reflected, and your account balance is correct. If you believe that a Rebate has not been correctly added to your account, please contact Team Hardbody Coaching. Customer Service within sixty (30) days of the transaction to address the issue. Failure to do so may result in the waiver of your claim to the Rebate. If you disagree with any adjustments made to your account or payments received, your sole remedy is to contact Team Hardbody Coaching. and follow our designated resolution process. Please note that you will be solely responsible for any tax liability arising from any payments received from us
SECTION 6 – FULFILLMENT POLICY
At Team Hardbody Coaching., LLC (“Team Hardbody Coaching.,” “us,” “we,” or “our”), we are committed to providing a reliable and transparent fulfillment process for all our customers. This policy outlines the terms and conditions that customers agree to in order to protect both parties involved.
- Fulfillment of Orders: Team Hardbody Coaching. will diligently fulfill and ship all orders placed through the Site. Our commitment is to ensure that the products are delivered to the customers in a timely and efficient manner, regardless of the nature of the purchase (including purchases made for Rebates).
- Customer Agreement: By placing an order through the Site, customers agree to receive and accept the products they have purchased. It is the responsibility of the customer to thoroughly review the product details and make an informed decision before completing the purchase.
- Protection Against Scheme-Like Behavior: Team Hardbody Coaching. takes pride in maintaining a reputable and trustworthy business. We strive to provide products and services that meet the expectations of our customers. However, we want to emphasize that our Rebate promotions are not intended to facilitate any scheme or means of taking advantage of credit card brands or engaging in fraudulent activities. Customers should only make purchases if they genuinely intend to use and enjoy the products or services being offered.
- Liability Exemption: Team Hardbody Coaching. cannot be held responsible for any misuse or abuse of our Rebate promotions by customers. It is the customer’s sole responsibility to ensure that the purchases made through the Site align with their personal needs and intentions. Team Hardbody Coaching. explicitly disclaims any liability arising from customers’ decisions to participate in Rebate promotions or make purchases based on such promotions.
- Chargeback Protection: To safeguard both parties, Team Hardbody Coaching. will provide tracking and fulfillment numbers for all orders. This information serves as evidence of order fulfillment and delivery. In the event of a chargeback claim, customers are required to provide valid grounds for the claim and must follow the designated dispute resolution process. Team Hardbody Coaching. will cooperate and provide the necessary documentation to support the resolution process, including tracking and fulfillment information.
- Customer Support: If customers have any concerns or questions regarding their orders, we encourage them to reach out to our customer support team. We are here to assist and address any issues to ensure a satisfactory customer experience. Customers are responsible for contacting us within a reasonable time frame if they encounter any problems with their orders.
By placing an order through the Site, customers acknowledge and agree to abide by this fulfillment policy. Team Hardbody Coaching. reserves the right to modify or update this policy as needed. It is the responsibility of the customers to review and understand this policy before making a purchase.
If you have any further questions or require additional clarification regarding our fulfillment policy, please contact our customer support team.
SECTION 7 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 8 – TERMINATION OR SUSPENSION
These Terms and Conditions govern your use of the Site and will remain in effect from your initial visit until either you or Team Hardbody Coaching., LLC (“Team Hardbody Coaching.,” “us,” “we,” or “our”) terminate your account. We reserve the right to terminate these Terms and Conditions and your access to the Site at our sole discretion, with or without cause, and without prior notice. In the event of any violation of these Terms and Conditions, we may cancel your account and/or forfeit any pending or prior Rebates. Additionally, we may, without prior notice, discontinue, cancel, suspend, change, or restrict access to all or any part of the Site.
You agree that Team Hardbody Coaching. shall not be held liable to you or any third party for any modifications, suspensions, or terminations of these Terms and Conditions or your access to the Site. If you are dissatisfied with any aspect of the Site or the Services, your sole and exclusive remedy is to cease using the Site and terminate your account. Upon termination of your account, your right to use and access the Services and receive Rebates will be terminated.
In the event that your account as a buyer is suspended due to a violation of our Terms of Service (“TOS”), all pending rebate payouts will be declined and reimbursed to the seller. Team Hardbody Coaching. reserves the right to take appropriate action and enforce these measures in order to maintain the integrity and compliance of our Services.
Please note that any termination or suspension of your account does not relieve you of your obligations under these Terms and Conditions.
SECTION 9 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 10 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 11 – DISCLAIMERS
Team Hardbody Coaching., LLC (“Team Hardbody Coaching.,” “us,” “we,” or “our”) wants to ensure that you understand the limitations and disclaimers associated with the use of our Site. Please read the following disclaimers carefully:
- Site and Services “As Is”: The Site and any product or service obtained through the Site are provided on an “as is” and “as available” basis, without any warranties, whether express or implied. To the fullest extent permitted by applicable law, Team Hardbody Coaching. disclaims all warranties, including but not limited to implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose. We do not warrant that the use of the Site will be uninterrupted, error-free, or secure, or that defects will be corrected. We also do not guarantee that the Site or the server(s) hosting the Site are free of viruses or other harmful components. Your use of the Site and reliance on its content is at your own risk.
- Reliance on Telecommunications and Third Parties: The provision of our services is dependent on telecommunications networks, the Internet, and goods and services provided by sellers and various other vendors and third parties. Team Hardbody Coaching. does not warrant that your use of the Site will be free from interruptions, errors, or security vulnerabilities. We cannot guarantee the accuracy or reliability of information obtained through the Site or the quality of any products, services, information, or other materials obtained by you through the Site.
- Responsibility for Equipment and Charges: You are responsible for obtaining and maintaining all necessary equipment, including telephones and computer hardware, required to access and use the Site. Any charges related to such equipment and use of the Site are your responsibility.
- Third-Party Products and Services: Team Hardbody Coaching. does not warrant, endorse, guarantee, or assume responsibility for any products or services advertised or offered by sellers or any other third parties through the Site. We will not be involved in or monitor any transactions between you and sellers or any other third-party providers of products or services. Any interactions or transactions are solely between you and the respective seller or third party.
Please be aware that these disclaimers outline the limitations of our liability and the risks associated with using our Site. By continuing to use the Site, you acknowledge and accept these disclaimers in their entirety
SECTION 12 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 13 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 14 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 15 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 16 – PERSONAL INFORMATION
SECTION 17 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 18 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 19 – LIMITATION OF LIABILITY
Team Hardbody Coaching., LLC (“Team Hardbody Coaching.,” “us,” “we,” or “our”) wants to make sure that you understand the limitations of our liability. Please read the following carefully:
To the greatest extent permitted by law, you expressly acknowledge and agree that Team Hardbody Coaching., its affiliates, shareholders, licensors, suppliers, or advertisers, as well as its or their directors, officers, employees, consultants, agents, or other representatives, shall not be responsible or liable to you or any third party for any indirect, direct, incidental, consequential, special, exemplary, punitive, or other damages (including, without limitation, damages for loss of business, loss of data, or lost profits) arising out of or relating in any way to the Site and/or products contained on the Site, any linked site, or any product or service purchased through the Site. This includes damages arising under any contract, negligence, strict liability, or other theory.
Without limiting the foregoing, to the greatest extent permitted by law, you expressly acknowledge and agree that Team Hardbody Coaching. shall have no liability or responsibility whatsoever for:
- The use or inability to use the Site, products, services, or any linked site.
- Personal injury or property damage, whether arising in contract or in tort, whether or not arising from the negligence of Team Hardbody Coaching..
- Unauthorized access to or alteration of your transmissions, data, personal information, and/or financial information stored therein.
- Statements or conduct of any third party on the Site or any linked site.
- Any interruption or cessation of transmission to or from our Site.
- Any bugs, viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature transmitted to or through our Site by any third party.
- The quality, safety, or legality of products advertised on the Site.
- Any other matter relating to the Site or Team Hardbody Coaching.’ services.
In no event shall the maximum total aggregate liability of Team Hardbody Coaching., its affiliates, shareholders, licensors, suppliers, advertisers, sponsors, and its or their directors, officers, employees, consultants, agents, and other representatives, and your sole and exclusive remedy for all damages and losses suffered by you, whether in contract, tort (including negligence), or otherwise, be greater than the total amount of monies received by Team Hardbody Coaching. from you or $100 USD, whichever is greater.
Please note that certain state laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If such laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.
Under no circumstance will Team Hardbody Coaching. have any liability whatsoever for any monies in its possession for payment of rebate claims that are stolen by any third party. The risk of loss of all monies in Team Hardbody Coaching.’ possession for payment of rebate claims lies solely with the seller(s) or third party(ies) who provided the subject monies that have been stolen
SECTION 20 – INDEMNIFICATION
Team Hardbody Coaching., LLC (“Team Hardbody Coaching.,” “us,” “we,” or “our”) wants to ensure that you understand your responsibility to indemnify and hold us harmless. Please read the following carefully:
You agree to indemnify, defend, and hold Team Hardbody Coaching. and its affiliates, licensors, suppliers, advertisers, and sponsors, as well as their respective directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from:
(b) Any allegation that any materials or content submitted by you, including Seller Content, infringe or violate the copyright, trademark, trade secret, license, or other intellectual property or other rights of any third party;
(c) Your activities in connection with the Site; and/or
(d) Termination of your access to the Site.
It is important to understand that your indemnification obligation extends to any claims, damages, losses, costs, and expenses incurred by Team Hardbody Coaching., its affiliates, licensors, suppliers, advertisers, sponsors, and their respective directors, officers, employees, consultants, agents, and other representatives as a result of the mentioned circumstances.
Please note that this indemnification provision is an important aspect of your agreement with Team Hardbody Coaching., and it outlines your responsibility to protect us from any harm or liability arising from your actions.
SECTION 21 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 22 – OWNERSHIP
Team Hardbody Coaching., LLC (“Team Hardbody Coaching.,” “us,” “we,” or “our”) wants to make sure that you understand the ownership rights associated with the Site and its services. Please read the following carefully:
All right, title, and interest in the Site and the Services solely belong to Team Hardbody Coaching. or its licensors. Furthermore, Team Hardbody Coaching. maintains all right, title, and interest in “Team Hardbody Coaching.” and any other marks, service marks, trademarks, or logos associated with Team Hardbody Coaching. (collectively, the “Marks”) that are registered in the U.S. and other countries. The Marks owned by Team Hardbody Coaching., whether registered or unregistered, may not be used in connection with any product or service that is not offered by Team Hardbody Coaching., in any manner that may cause confusion among customers, or in any manner that disparages Team Hardbody Coaching..
It is important to note that nothing contained on the Site should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any Mark without the express written permission of Team Hardbody Coaching., its licensors or suppliers, or the third-party owner of any such Mark. Unauthorized use of any Marks is strictly prohibited, and Team Hardbody Coaching. will take decisive action to protect its intellectual property rights in such Marks, including pursuing civil and criminal proceedings if necessary.
As a user, you shall not mention or use the name “Team Hardbody Coaching.” in any ad text, extensions, or banner ads without the express written consent of Team Hardbody Coaching..
By using the Site and its services, you acknowledge and agree that all ownership rights, including intellectual property rights, related to the Site, the Services, and the Marks belong exclusively to Team Hardbody Coaching. or its licensors. Unauthorized use or misuse of these rights is prohibited, and Team Hardbody Coaching. reserves the right to take appropriate legal action to protect its ownership and intellectual property rights.
Please be aware that any unauthorized use of the Marks may result in serious legal consequences
SECTION 23 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 24 – GOVERNING LAW; DISPUTE RESOLUTION
Team Hardbody Coaching., LLC (“Team Hardbody Coaching.,” “us,” “we,” or “our”) wants to ensure that you understand the governing law and dispute resolution process. Please review the following information carefully:
The validity, construction, and interpretation of this Agreement, as well as the rights and duties of the parties involved, will be governed by and interpreted in accordance with the laws of the State of Kansas in the United States, without regard to conflicts of law provisions.
Any dispute, claim, or controversy arising out of or relating to Team Hardbody Coaching.’ business, the Services, or this Agreement, or in any way related to the Site, shall be resolved through binding arbitration held exclusively in Kansas City. Both parties agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate. By entering into this Agreement, you are waiving your right to a trial by jury or to participate in a class action.
These waivers apply mutually between you and Team Hardbody Coaching., meaning that neither party can assert class or representative claims against the other party in court or arbitration. Relief cannot be awarded on a class or representative basis. The arbitrator is also prohibited from consolidating or joining another person’s claim with your claim or issuing an order that would achieve the same result. If any provision of this paragraph is found to be unenforceable, the entire provision compelling arbitration shall be null and void.
You and Team Hardbody Coaching. agree that all issues related to the scope, application, interpretation, and enforceability of this Agreement and the arbitration provision are for the arbitrator to decide. This includes determining whether a claim is subject to arbitration. The arbitration will be governed by the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org. The arbitrator is bound by the terms of this Agreement.
In certain cases, you may choose to have your claims resolved in small-claims court, provided that the small-claims court does not allow class, representative, or consolidated actions, or the award of relief in favor of any person or entity not named as a party to the small-claims action.
By using the Site and the Services, you agree to the application of Kansas law, the binding arbitration process, and the waiver of trial by jury and class action participation, as outlined in this section
SECTION 25 – Prop. 65 Warning for California Residents.
WARNING: This product may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.
SECTION 26 – MISCELLANEOUS
The following section outlines various miscellaneous provisions related to the agreement between Team Hardbody Coaching., LLC (“Team Hardbody Coaching.,” “us,” “we,” or “our”) and you:
- Assignment: You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent. Any such assignment without our consent will be null and void.
- Headings: The headings used in this Agreement are for convenience purposes only and shall not affect the interpretation of this Agreement.
- Waiver: Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Invalidity: If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.
- Entire Agreement: This Agreement represents the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, whether written or oral, including earlier versions of this Agreement that may have been accepted by you.
By using the services provided by Team Hardbody Coaching., LLC and its associated website, you acknowledge that you have read, understood, and agreed to the terms and conditions outlined in this Agreement.
SECTION 27 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 28 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at