TERMS AND CONDITIONS
NOTICE/ACCEPTANCE OF TERMS
All representations set for herein apply to Mpower Fitness (Michele Gillman), and all other employees, agents and representatives of Mpower Fitness (hereinafter, individually and collectively referred to as “Mpower”, “us”, “we” and “our”. The term “Site” refers to www.mpowerfitnessoc.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
This Agreement governs your use of the Site. Be sure that you carefully read and fully understand this Agreement. Mpower is willing to provide you with access to the Site only on the condition that you accept all of the terms and conditions (the “Terms”) contained in this Agreement. This Agreement governs your use of the Site. Please read all of the Terms carefully. By using the Site, you agree to comply with and be bound by these Terms. If you do not agree to the Terms, you are not authorized to use the Site. Mpower reserves the right to modify the Terms at any time by posting a notice on the home page of the Site. Your use of the Site after the notice is posted indicates you agree to the changes.
ACCESS TO THE SITE
In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content and pay any service fees associated with such access. System availability and access to the services available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance. Mpower makes no representations, warranties or assurances as to the availability of the Site.
RESTRICTIONS ON USE
You may not print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site, for other than your personal information. These restrictions will apply except in cases where Mpower otherwise agrees in writing.
Without limiting the generality of the foregoing, you may not:
include such content in or with any product or service that you create or distribute;
reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;
establish: (i) a hyperlink, including a deep link, to any page or location on the Site; or (ii) a frame containing any portion of the Site, on any other web site or text document with hyperlink capabilities without the express written permission of the Company;
copy such content onto your or any other Web site or publication; or
direct any other person to do any of the foregoing.
Nothing in this Agreement shall be construed as conferring any right under any intellectual property of Mpower, its affiliates or any other person or entity owning the intellectual property in the content provided on this Site.
ALL words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Site (“Content”) is the property Mpower and is protected by United States intellectual property laws.
All Mpower trademarks that appear on the Site are the exclusive property of Mpower Fitness. The trademarks, trade names, trade dress and associated products and services represented on this Site are protected under the United States and international law and their display on this Site does not convey or create any license or other rights in these trademarks, trade names, trade dress, and associated products and services. Any use of them without prior written authorization of Mpower or the relevant trademark owner is strictly prohibited.
Any third-party trademarks mentioned on this Site which are not those of Mpower are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third-party trademarks is strictly prohibited.
Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of federal, state or common law trademark and/or copyright laws, and could subject such person to legal action.
MODIFICATIONS TO SITE
Mpower reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that Mpower shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change. Mpower endeavors to keep the information posted on this Site current, however, such information is subject to change at any time without notice to you and the posted information on this Site may not immediately reflect such changes.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Site or its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of research, evolving facts and information is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Site, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.
OUR LIMITED LICENSE TO YOU
This Site and its Content is property solely owned by us and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
If you view, purchase or access our Site or any of its Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
When you purchase or access our Site or any of its Content, you agree that
You will not copy, duplicate or steal our Site or Content. You understand that doing anything with our Site or its Content that is contrary to this Agreement and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.
You are permitted from time to time to download and/or print one copy of individual pages of the Site or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Site page from which the Content was obtained.
You may not in any way at any time use, copy, adapt, imply or represent that our Site or its Content is yours or created by you. By downloading, printing, or otherwise using our Site Content for personal use you in no way assume any ownership rights of the Content – it is still our property.
You must receive our written permission before using any of our Site Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Site Content because that is considered stealing our work.
We are granting you a limited license to enjoy our Site and its Content for your own personal use, not for your own business/commercial use or in any that earns you money, unless we give you written permission that you may do so.
As a Licensee, you understand and acknowledge that this Site and its Content have been developed or obtained by us through the investment of significant time, effort and expense, and that this Site and its Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. We clearly state that you may not use this Site or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.
The trademarks and logos displayed on our Site or its Content are trademarks belonging to us, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
YOUR LICENSE TO US
By posting or submitting any material on or through our Site such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
Any registration by, use of or access to the Site and its Content by anyone under age 18 is unauthorized, unlicensed and in violation of this Agreement.
You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Site or in our Content at any time for any reason.
When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Site, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Site and its Content.
This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You are agreeing that you will not use our Site or its Conduct in any way that causes or is likely to cause the Site, Content, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Site and its Content and to us.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site or its Content. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
You must use the Site and its Content for lawful purposes only. You agree that you will not use the Website or its Content in any of the following ways:
For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
To send, negatively impact, or infect our Site or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
To cause annoyance, inconvenience or needless anxiety
To impersonate any third party or otherwise mislead as to the origin of your contributions
To reproduce, duplicate, copy or resell any part of our Site or its Content in a way that is not in compliance with this Agreement or any other agreement with us.
REQUEST FOR PERMISSION TO USE CONTENT
Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by email@example.com
We very clearly state that you may not use any Content in any way that is contrary to this Agreement unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Site and its Content.
LINKS TO OTHER WEBSITES
We may provide links and pointers to other websites maintained by third parties which may take you outside of our Site or its Content. These links are provided for your convenience and the inclusion of any link in our Site or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Site or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
LIMITATIONS ON LINKING AND FRAMING
You may establish a hypertext link to our Site or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Site or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
By purchasing and/or using our Site and its Content in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on this Site.
INDEMNIFICATION, LIMITATION OF LIABILITY AND RELEASE OF CLAIMS
Indemnification. You agree at all times to defend, indemnify and hold harmless Mpower, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Site, its Content or your breach of any obligation, warranty, representation or covenant set forth in this Agreement or in any other agreement with us.
Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Site and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Site or its Content, or in any way or in any location. In the event that you use our Site and its Content or any other information provided by us or affiliated with us, we assume no responsibility.
Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Site and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
THIRD PARTY LINKS AND ADVERTISING
This Site may provide links or references to other sites. If Mpower has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied that Mpower is connected with, operates or controls these websites.
Mpower makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. Mpower disclaims any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that Mpower endorses the content of such sites. Where Mpower is offering its own content (or content of an affiliate) on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement.
Mpower takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including, without limitation, with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of Mpower. You agree that Mpower shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, “Claims”) incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify Mpower and its affiliates from and against any Claims incurred as the result of any such dealings.
If you are interested in creating hypertext links to this Site, you must contact Mpower before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or Mpower, including its respective employees, agents, directors, officers, and shareholders.
DISCLAIMER OF WARRANTIES
Except as expressly provided otherwise, Mpower disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. Mpower disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.
Any communications sent to you via this Site or otherwise from Mpower (including, without limitation, in the form of newsletters, electronic mail or via telephone), and the contents of this Site (including, without limitation, any technology, financial, investment, corporate, or tax information) are provided for informational and educational purposes only and are not intended to provide legal, investment, financial, or tax advice and should not be relied upon in that regard. Your financial circumstances and tax situation is unique. Therefore, you should independently consult a lawyer or tax advisor.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, COMPANY AND ITS DATA PROVIDERS WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN THIS SITE, BUT ALL INFORMATION, PRODUCTS, AND SERVICES OFFERED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TECHNOLOGY, PRODUCTS, AND SERVICES OFFERED ON THE SITE. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.
Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.
LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL COMPANY, ANY OF COMPANY’S AFFILIATES, SUBSIDIARIES OR DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SITE (COLLECTIVELY THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, ANY COMMUNICATIONS SENT TO YOU VIA THIS SITE OR OTHERWISE FROM COMPANY (INCLUDING, WITHOUT LIMITATION, IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO FROM THE SITE PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICE, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT OF THIS SITE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
INFORMATION COLLECTED BY THIRD-PARTIES
We may allow third-party companies that use tracking technologies, such as cookies or pixels, to record IP information about users who visit or interact with our Site. Our Site does not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative which offers a single location to opt out of ad targeting from member companies.
Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
ADDITIONAL TERMS AND CONDITIONS FOR ONLINE COURSES
By registering for and successfully completing payment of an online course, you agree to the following:
You agree that all course content, files, audios and information are copyrighted material and cannot, in any way, be reproduced without written consent by Mpower.
You are purchasing one spot in the course for one human being.
All class correspondence will be conducted by the email address you used upon purchased. It is your responsibility to contact firstname.lastname@example.org if your best email is not the one you used with your purchase
You understand there are no guarantees with the outcome of the class as success is based on your individual participation and commitment to the work.
You understand it is your sole responsibility to document any live class dates.
You understand if you are not receiving correspondence for any reason from us, it is your responsibility to contact us at email@example.com
The purchase of products on this Site are subject to the following terms and conditions. All customers are advised to review these carefully before making any purchase.
Each PDF download and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s they purchased to any third party or person.
All transactions are made through payment gateways such as Stripe, PayPal or MindbodyOnline that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.
All purchases made on www.mpowerfitnessoc.com are non-refundable. Since the products made available here are intangible, we cannot accept any request for refunds. In the case where a purchase error is made please contact us at firstname.lastname@example.org to discuss a resolution.
By placing an order with Mpower Fitness, you warrant that you are at least 18 years old (or have parents' permission to buy from us), and accept these terms & conditions, which shall apply to all orders placed. None of these terms & conditions affect your statutory rights.
All transactions conducted through Mpower Fitness are handled by a dedicated third party to ensure your information is secure. Card information is not stored, and all card information is handled by Ecommerce. Please read the terms & conditions for Ecommerce, as they are responsible for the transactions made.
Mpower Fitness reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice.
Squarespace is not responsible for any content, interactions or transfers made via Mpower Fitness.
As all of our products are digital they are deemed "used" after download or opening. This unfortunately means we have a strictly NO RETURN policy in regards to dissatisfaction with our Training Programs, Products or Services. This also applies to all training and coaching services.
Please contact us at email@example.com to see how we can remedy any problems you may have with this.
Your satisfaction with your Training Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Training Programs, Products and Services, you acknowledge that for all online Training Programs, Products and Services NO REFUNDS will be given. For private coaching and training, please refer to the “Fees” section in your contract
We reserve the right in our sole discretion to refuse or terminate your access to our Training Programs, Products, Services and/or our Program Materials, Website, email communications, or any other method of communications related to our Training Programs, Products or Services at any time without notice. Should you or we wish to terminate the Training Programs, Products or Services at any time, these termination terms will apply to you as well, even after termination by either of us. In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Training Programs, Products, Services or our Website, email or any or other methods of communications affected by such cancellation or termination. The restrictions imposed on you with respect to Training Program Materials and the Training Programs, Products or Services, including but not limited to all of the disclaimers, limitations of liabilities and rights set forth in these Terms and Conditions, shall survive such termination of your access and apply in full force.
It is hoped that should we ever have any differences, we could be able to work them out amicably through a phone conversation or e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly in the state of California, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to Mpower Fitness via e-mail. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of your Payment made to date. No award of consequential or of any other damages may be granted to you.
By signing up/enrolling/purchasing for any of our Training Programs, Products and Services you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in email, or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Orange County, CA and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, Mpower, or any of our Training Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.