Terms and Services

TERMS OF SERVICE

Last Updated: April 17, 2023

Welcome to the Athletity, LLC website (the "Website"), operated by Athletity, LLC ("Athletity", "we", "us", or "our") and owned by Shari L Miller. By using the Website, you agree to be bound by these Terms of Service (the "Terms"), which govern your access to and use of the Website and its services, including the purchase and use of health and wellness programs and digital products (collectively, the "Services").

Please read these Terms carefully, and if you do not agree with any part of these Terms, you must not use the Website or Services.

• SERVICES

Athletity offers health and wellness programs in the form of digital products, which may include courses, coaching sessions, and other content or services (the "Programs"). The Programs are for educational and informational purposes only and are not intended as, and should not be construed as, medical advice or medical care.

• ELIGIBILITY

You must be at least 18 years old to access or use the Website and Services. By using the Website and Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract.

• USER RESPONSIBILITY

By using the Website and Services, you acknowledge and agree that you are solely responsible for your own health and well-being, and that the Programs and any advice or recommendations provided by Athletity or Shari L Miller are not a substitute for professional medical advice, diagnosis, or treatment. You should consult with a qualified healthcare provider before starting any new health or wellness program, especially if you have any medical conditions or concerns.

• FINAL SALE AND NO REFUNDS

All purchases of Programs are final sale and are not eligible for refunds or exchanges. Once you purchase a Program, you will have access to the digital content for that Program, and you acknowledge and agree that you will not be entitled to a refund or exchange for any reason.

• INTELLECTUAL PROPERTY RIGHTS

All content, materials, and intellectual property on the Website and within the Programs, including but not limited to text, graphics, images, logos, and digital downloads, are the property of Athletity or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except for your personal, non-commercial use.

• LIMITATION OF LIABILITY

To the fullest extent permitted by law, Athletity, Shari L Miller, and their respective officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the Website or Services; (b) any conduct or content of any third party on the Website or Services; or (c) any unauthorized access, use, or alteration of your information or content.

• INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Athletity, Shari L Miller, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website or Services.

• GOVERNING LAW AND JURISDICTION

  These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State in which Athletity, LLC is registered, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms, the Website, or the Services shall be instituted exclusively in the federal or state courts located in the county where Athletity, LLC is registered, and you consent to the personal jurisdiction of such courts and waive any objection as to inconvenient forum.

• SEVERABILITY

• If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

• ENTIRE AGREEMENT

• These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and Athletity with respect to the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and Services.

• CHANGES TO TERMS

• We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and Services thereafter. Your continued use of the Website and Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

• CONTACT INFORMATION

• If you have any questions or concerns regarding these Terms or the Website or Services, please contact us at the email address or physical address provided on the Website.

  By using the Website and Services, you agree to be bound by these Terms and all applicable laws and regulations.