The Ashley Pettit Living, LLC (“APL”) website allows Users (as defined below) to receive nutrition, fitness, and lifestyle information (including e-mail newsletters) and monitor personal nutrition and fitness progress. The services (“APL Services”) offered by APL include but are not limited to (i) the www.ashleypettitliving.com website (the â€œWebsiteâ€), which is hosted in the United States; (ii) the Ashley Pettit Living Monthly Membership Program; (iii) the individual wellness services listed on the APL website, as updated from time to time; (iv) the ebook Food. Body. Mind: Happiness Through Whole Health, (the â€œEbookâ€) available on the Website; and (v) any apparel or merchandise other than the Ebook (â€œMerchandiseâ€) sold on the Website.
These terms and conditions (“Terms of Service”) set forth the legally binding terms for your use of the APL Services. By using the APL Services, you agree to be bound by these Terms of Service, whether you are a “Visitor” (which means that you simply browse the APL website) or you are a “Member” (which means that you have registered with APL and/or purchased one or more APL Services). The term “User” refers to a Visitor or a Member. You are only authorized to use the APL Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the APL website and discontinue use of the APL Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
2. Modifications to Terms of Service. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version, which will always be posted at www.ashleypettitliving.com/terms. APL may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
3. Term. These Terms of Service shall remain in full force and effect while you use the APL Services or are a Member or User. You may terminate your account on the Website at any time, for any reason, by sending an email to email@example.com. APL may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
a. You acknowledge that APL charges fees for the APL Services, and APL reserves the right to change its fees from time to time in its discretion.
b. Except as otherwise provided (i) in the Ashley Pettit Living Monthly Membership Agreement for the Ashley Pettit Living Monthly Membership Program and (ii) in Section 5 below for Merchandise, all fees for APL Services are nonrefundable.
c. Member shall not be relieved of the obligation to make payments agreed to and no deductions from any payments shall be made because of Memberâ€™s failure to use the APL Services purchased by Member. Failure to make payment of dues or other charges on account may result in suspension or termination of membership. The obligation to pay fees is not dependent on the specific scheduling convenience of any APL Services. If any check or credit/debit card draft payable to APL is not honored, APL will: (a) assess a return fee for each check or credit card rejected to reimburse APL for the cost of collection, and (b) collect the current and past-due balance in any subsequent month.
5. Merchandise Return Policy.
a. APL gladly accepts returns of unworn, unwashed, undamaged or defective Merchandise (as defined above) purchased by phone or online for full refund within 60 days of original purchase.
b. For refund address instructions, please email firstname.lastname@example.org.
c. User will be responsible for shipping and handling costs associated with the return of any Merchandise.
a. All cancellations of the Ashley Pettit Living Monthly Membership Program shall be governed by the Ashley Pettit Living Monthly Membership Agreement that Member signs prior to enrollment in the program.
b. For all APL Services other than the Ashley Pettit Living Monthly Membership Program, Member may cancel the APL Services at any time and shall have no continuing obligation to purchase future APL Services, provided, however, that Member shall not be entitled to a refund for any APL Services purchased.
8. APL Website. These Terms of Service apply to all Users of the APL Website.
a. The Website may contain links to third party websites that are not owned or controlled by APL. APL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, including privacy and data gathering practices. In addition, APL will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve and release APL from any and all liability arising from your use of any third party website.
b. In order to access some features of the Website, you will have to create a Website account. You may never use another personâ€™s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify APL immediately of any breach of security or unauthorized use of your account. Although APL will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of APL or others due to such unauthorized use.
c. When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify APL immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
d. APL hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the Website, without APLâ€™s prior written authorization and you agree not to alter or modify any part of the website or any of its related technologies. APL reserves the right to discontinue any aspect of the APL Website at any time.
e. The Website is controlled and offered by APL from its facilities in the United States of America. APL makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9. Proprietary Material.
a. The content provided to you (i) by APL in connection with the APL Services, including, without limitation, nutrition plans, physical assessments, fitness evaluations, food journals, fitness tips, recipes, and nutrition guidance and (ii) on the APL Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to APL, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. APL reserves all rights not expressly granted in and to the Website and the Content.
b. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
c. You agree not to circumvent, disable or otherwise interfere with security-related features of the APL website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
d. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the APL Services, provided by you to APL are non-confidential and shall become the sole property of APL. APL shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10. Member Warranties, Consent & Assumption of Risk
a. Members Health Warranty. You represent that you are in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of exercise.
b. Consent. You hereby consent to voluntarily engage in fitness activities associated with the APL Services. You give this consent understanding that there is the risk of certain changes occurring during or following fitness activities and that the reaction of the cardiovascular system to such activities cannot always be predicted with complete accuracy. You give this consent understanding that these changes may include abnormalities of blood pressure, heart rate, and in rare instances, cardiac complication. You give this consent understanding that a physician will not be present during the fitness activities.
c. Assumption of Risk. You understand that fitness activities involve a risk of injury and even death and that you are voluntarily participating in these dangers involved. You understand and are aware that strength, flexibility, and aerobic exercise, including the use of equipment and machinery, is a potentially hazardous activity that could result in adverse physical changes, including but not limited to abnormal blood pressure, fainting, dizziness, disorders of heart rhythm, and very rare instances of heart attack, stroke or even death. You understand that there exists the risk of bodily injury including but not limited to injuries to muscles, ligaments, tendons and joints of the body. You also understand that there are many other risks of injuries, including serious disabling injuries, and that it is not possible to specifically list each and every individual injury risk. You fully understand these risks of bodily injury, disability, heart attack, stroke or even death, but knowing these risks, it is your desire to participate as herein indicated and to hereby agree to expressly assume and accept all risks of injury, disability and death. You assume full responsibility for your use of the APL Services and shall indemnify APL, the owner(s) of APL, its affiliates, agents, and employees against any and all liability arising out of the use of the APL Services.
d. Indemnity. You agree to defend, indemnify and hold harmless APL, members, officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Website or your violation of any term of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
11. No Warranty, Website and Services â€œAs-Isâ€.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND APL SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, APL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND APL SERVICES AND YOUR USE THEREOF. APL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE APL SERVICES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. APL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APL WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND APL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE APL SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND APL EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. APL CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE APL SERVICES.
12. Limitation of Liability.
IN NO EVENT SHALL APL, ITS OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR APL SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT APL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
14. Ability to Accept Terms of Service. You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
15. Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by APL without restriction.
16. Valuables and Personal Property. You are urged not to bring valuables to the premises during the use of any APL Services. APL shall not be liable for the loss of or theft, or damage to, the personal property of Members or guests, including items left with any staff or staff stations.
17. Independent Contractors. From time to time APL may make available to Members the service of independent contractors. APL does not warrant and does not guarantee the quality of these services and does not guarantee these services will remain available to Members for any period of time, and hereby disclaim all liability out of such services.
18. Choice of Forum. You agree that any litigation arising under or related to these Terms of Service shall be conducted in the Circuit Court of Cook County, Illinois and you consent to the personal jurisdiction of the aforementioned court.
19. Severability. Any portion of these Terms of Service which is deemed to be unenforceable or illegal by any court of competent jurisdiction is to be severed from these Terms of Service and the remainder of the Terms of Service shall be enforceable.
20. Notices. Any Notice which Member is required to send to APL shall be sent by U.S. Mail or overnight service to the following address: 39 N. Morgan Street, Unit 2, Chicago, Illinois, 60607. Such notice shall not be deemed to have been sent until the date it is actually received by APL. Notice to Member: Unless otherwise indicated, any notice which APL is required to send to Member may be sent via e-mail to the e-mail address indicated by Member or by overnight delivery or U.S. Mail to the street address indicated by Member for any updated address. Such notice shall be deemed to have been made when the e-mail is transmitted or the Notice is placed into the U.S. Mail or overnight carrier for delivery.
*All terms of these Terms of Service are subject to change.