NANCY ANDERSON FITNESS

DBA "Birth Recovery Center"

TERMS OF SERVICE

LAST MODIFIED ON OCTOBER 20, 2020


IMPORTANT: PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE CONTINUING

TO USE THIS SERVICE.

SECTION 15 OF THIS TERMS OF SERVICE AGREEMENT CONTAINS A BINDING CLASS

ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR

RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. READ IT

CAREFULLY.

This Terms of Service (the “Agreement”) is a legal agreement between You as an individual (“You”)

and Nancy Anderson Fit LLC., a Texas limited liability company (“NA Fitness”, “Us”, “We” or

“Our”). It governs Your access to, conduct in, and other terms and conditions relating to Our operation

and Your use of our Service, which includes, but is not limited to: (i) our websites, including, but not

limited to https://www.nancyandersonfit.com/ ; (ii) virtual resources, goods, and services; and; (iii) other

elements that may be added from time to time.

This Service is provided by NA Fitness and certain rights and privileges regarding your use of the

Service belong to the NA Fitness and are described below in this Agreement.

By using the Service, You agree to be bound by the terms of this Agreement. This Agreement represents

the entire agreement concerning the Service between You and COMPANY, and it supersedes any prior

proposal, representation, agreement, negotiation, offer, counteroffer, acceptance, understanding, or any

contrary terms between the parties. If You do not agree to the terms of this Agreement, You are not

authorized to download, operate, or otherwise use the Service.

We reserve the right to update or change these Agreement at any time by posting the most current version

of the Agreement on the Sites or within the Service with a new Effective Date shown. All such changes in

the Agreement are effective from the Effective Date. Your continued use of the Service after we post any

changes to the Agreement signifies Your agreement to any such changes. If You do not agree to the then-

current Agreement, You must immediately discontinue using the Service.

As between You and NA Fitness, the Service is the sole and exclusive property of COMPANY.

You will not acquire any rights in connection with the Service, or any individual components or

elements of the Service, through Your use.

Your use of the Service is solely controlled by this Agreement which cannot be changed except by a

written agreement signed by both You and a fully authorized representative of COMPANY. The Service

is licensed, not sold.

ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN THE TERMINATION OF ANY

PRIVILEGES ASSOCIATED WITH THE SERVICE AS DETAILED BELOW.

1. INTRODUCTION

1.1. What We Do. We are an educational service provider to help individuals with general health and

well-being issues via e-book and electronic lectures.


1.2. Acceptance. By using this Service, You are accepting these Terms of Use. These terms may be

updated from time to time, at which point we may give notice via a notification on our app or Your

email. Any continued use of this Service will then be considered acceptance of those updated Terms

of Use.

2. GRANT OF LICENSE

The service is licensed to You by NA Fitness for personal, noncommercial use on Your phone, tablet,

or other authorized devices. You must be 18 or older to use this Service unless with the permission of a

parent or legal guardian unless you are a resident of the European Union. European residents must be

age 18, or such age required by the law in your jurisdiction. All other uses are prohibited.

3. USER CODE OF CONDUCT

3.1. Your Conduct As A User Of The Service. You are solely responsible for Your conduct as a

member of the community and as a user of the Service.

You represent, warrant and agree that You will not engage in conduct or communication (written,

verbal, or nonverbal), either Yourself, or by or through Your username(s), which:

o restricts, inhibits, or discourages any other user from using the Service or contains a virus

or other harmful component;

o collecting usernames, email addresses, and/or any other personal information for the

purpose of sending spam and/or unsolicited email for any other commercial endeavor not

approved by NA Fitness;

o violates any local, state, federal or international laws or gives rise to civil liability;

o imposes an unreasonable or disproportionately large load on the app or otherwise

interferes with the app;

o is a chain letter, or constitutes junk mail;

o specifies or claims that that You are affiliated with Us as an employee or agent when You

are not;

o requests account login information from other Users;

o uses or possesses programs to “crack” the App or other Internet security tools;

o uploads files that contain viruses, Trojan horses, worms, time bombs, cancelbots,

corrupted files or data, or any other similar software or programs that may damage or

inhibit the operation of the Service;

o restricts or inhibits any user from using and enjoying the Service; or

o anything else that the NA Fitness in its sole determination deems harmful to the Service

or to the integrity of the NA Fitness.


3.2. Suspension of Users. We may, at our sole discretion, immediately suspend or terminate Your

access to the Service should Your conduct, in our sole determination, fail to conform with this

Agreement.

3.3. Deletion of Content. At any time, NA Fitness reserves the right to delete Content for any reason

at any time. We do not monitor content, and assume no responsibility for monitoring the Service for

inappropriate Content.

4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

4.1. Maintenance of Copyright and Trademark Notices. You agree not to remove or alter any

copyright or trademark notices that appear anywhere within the Service.

4.2. Distribution. The license granted hereunder is non-transferable. The Service is licensed for Your

use only and only on a personal computer or other authorized device. You may not distribute the

Service to any third party.

4.3. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse

engineer, decompile, or disassemble the Service, or take any steps to recreate of recover the source

code of the Service and waive any right to do so.

4.4. Rental. You may not rent, lease, or lend the Service, or offer it for any commercial use

or purpose.

4.5. Account Ownership. You may not buy, sell, give, or trade any account using our service, nor

attempt to buy, sell, give, or trade any account using our service.

4.6. User Privacy. You agree that there is no expectation of privacy in connection with Your

interactions with other users in and through the Service. NA Fitness will fully cooperate with law

enforcement and other governmental entities in policing the content of the Service. If You are under

the age of 21, NA Fitness reserves the right to release transcripts of Your chats, or other intra-Service

communication, to Your parents, guardian, or other adult authority figure(s).

4.7. Support Services. NA Fitness may in its sole discretion provide You with support services related

to the Service (“Support Services”). NA Fitness is not required to provide Support Services unless

otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services

will be a default of NA Fitness under this Agreement. Any supplemental software code provided to

You as part of the Support Services will be treated as part of the Service, as between You and NA

Fitness will be and remain the sole property of NA Fitness, and will be subject to the terms and

conditions of this Agreement.

NA Fitness support may be reached by contacting us via email at

hello@nancyandersonfit.com.

4.8. Compliance with Applicable Laws. You will fully comply with all applicable laws regarding

use of the Service.

5. TERM, TERMINATION, MODIFICATION OF TERMS OF USE

The term of this Agreement will commence upon download of the Service and will continue for so long

as You have in Your possession or control any copies of the Service. Without prejudice to any other of its


rights, NA Fitness may unilaterally terminate or modify this Agreement at any time and for any reason or

for no reason, with no notice to You.

For example, but not in limitation, NA Fitness may elect to terminate this Agreement and Your rights in

connection with the Service if NA Fitness, in either’s sole determination, discontinues the Service, stops

supporting or maintaining the Service, ceases to provide updates, no longer offers the Service for license,

or believes You have failed to comply with the terms and conditions of this Agreement.

In the event of termination arising as a result of discontinuation of the Service by NA Fitness, no refunds

will be given for the licensing of the Service. In the event of termination arising from Your failure to

comply with the terms of the Agreement: (i) no refunds will be made; and (ii) You must promptly

destroy, uninstall, or delete all copies of the Service in Your possession. If modification of the Agreement

by NA Fitness materially affects Your rights in connection with the Service, which determination will be

made by NA Fitness in its sole discretion, NA Fitness may, but is under no obligation to, notify You by

sending an email message to Your last email address known to NA Fitness or through the Service. NA

Fitness will have no liability if You do not receive NA Fitness’s notification.

Termination of this Agreement by You can only occur after the deletion of all copies of the Service in

Your possession, and by deleting Your account (if any) by notifying customer support at

hello@nancyandersonfit.com.

6. PROPRIETARY RIGHTS IN CONTENT ON THE SERVICE

6.1. Ownership Of Posts Within The Service. Subject to Section 6.2 below, the content which

may be accessed through use of the Service is the property of the NA Fitness and may be

protected by applicable copyright, trademark or other intellectual property laws and treaties.

6.2. Ownership Of Posts By Users. NA Fitness does not claim ownership rights in the materials You

post to the Service. Such materials include written text, lyrics, poetry, works of authorship or other

materials. After posting Your Content to our Service, You continue to retain all ownership rights,

and grant NA Fitness a perpetual license to use, modify, publicly perform, publicly display,

reproduce, and distribute such Content through the Service and any social media accounts or public

relation efforts managed or controlled by either NA Fitness.

6.3. Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof

and believe that any Content infringes upon your copyrights, you may submit a notification pursuant

to the Digital Millennium Copyright Act (“DMCA”) to us at hello@nancyandersonfit.com with the

following information in writing (see 17 U.S.C 512(c)(3) for further detail):

o A physical or electronic signature of a person authorized to act on behalf of the

owner of an exclusive right that is allegedly infringed;

o Identification of the copyrighted work claimed to have been infringed, or, if multiple

copyrighted works at a single online site are covered by a single notification, a

representative list of such works at that site;

o Identification of the material that is claimed to be infringing or to be the subject of

infringing activity and that is to be removed or access to which is to be disabled and

information reasonably sufficient to permit the service provider to locate the material;


o Information reasonably sufficient to permit the service provider to contact you, such as

an address, telephone number, and, if available, an electronic mail;

o A statement that you have a good faith belief that use of the material in the manner

complained of is not authorized by the copyright owner, its agent, or the law; and

o A statement that the information in the notification is accurate, and under penalty of

perjury, that you are authorized to act on behalf of the owner of an exclusive right that

is allegedly infringed.


7. BILLING.

7.1. Payment Forms. The Service may be provided in single installments or through membership

fees, depending on the products or services desired by You.

7.2. Membership Fee. The Membership Fee for the service or any other charges You may incur in

connection with Your use of the service, will be charged on a monthly basis to Your payment method

on the calendar day corresponding to the commencement of the paying portion of Your membership

until Your membership is cancelled. Membership Fees are fully earned upon payment. In some cases,

Your payment date may change (i.e. Your payment method was not successfully settled). Currently,

we accept payment through Stripe, PayPal, Amazon Fire TV, Roku, Google Play, and Apple Pay.

You can review the authorizations and details of your payment methods through the settings of Your

respective App Store. We may authorize Your payment method in anticipation of the membership or

service related charges, including authorizing it up to one month of service as soon as You register.

We reserve the right to change the membership fee at any time.

7.3. Payment Methods. To use the service, You agree to provide us with one or more Payment

Methods, including, but not limited to, billing through a third party servicer. If You provide an

alternative method for billing, We reserve the right to bill those methods in case the primary method

is declined. In the case that a payment is not settled for any reason and You have not cancelled the

subscription, we reserve the right to terminate or suspend Your access to the Service till payment is

made. If, for any reason, all your payment methods are declined, we are not responsible for the

subsequent suspension or cancellation of the service.

7.4. Cancellation. You can cancel Your membership at any time, and You will continue to have

access through the end of Your applicable monthly billing period. We do not provide refunds or

credit for any partial-month membership periods.

8. NO WARRANTIES

NA Fitness expressly disclaims any warranty in, to, or for the Service. The Service is provided ‘As Is’

and ‘Where Is’ without any express or implied warranty of any kind.

NA Fitness EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS

OPERATION.

The entire risk associated with operation of the Service is assumed by You. NA Fitness does not warrant

or assume responsibility for the accuracy or completeness of any information, text, graphics, links or

other items contained within the Service. NA Fitness makes no warranties respecting any harm that may

be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer


program. NA Fitness further expressly disclaims any warranty or representation to any third party who

may operate or otherwise utilize the Service. NA Fitness cannot guarantee the integrity of the Service or

that it will be free from attacks by third parties that may result in incomplete or erroneous results from

operation, or damage to hardware devices in which the Service is loaded and operating.

9. CONTENT DISCLAIMERS

9.1 WE ARE PROVIDING THE SERVICE AND ANY ASSOCIATED SUPPLEMENTAL

MATERIALS, INCLUDING, BUT NOT LIMITED TO E-BOOKS AND ON-DEMAND

LECTURES (COLLECTIVELY THE "MATERIALS"), SOLELY FOR GENERAL

EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE MATERIALS HAVE BEEN

PREPARED BASED UPON OUR GENERAL EDUCATIONAL BACKGROUND AND OUR

PRACTICAL EXPERIENCES WITH OUR NUMEROUS CLIENTS OVER THE YEARS. THE

SERVICE AND MATERIALS HAVE NOT BEEN EVALUATED BY THE UNITED STATES

FOOD AND DRUG ADMINISTRATION NOR ANY OTHER GOVERNMENTAL AUTHORITY.

WE ARE NOT PHYSICIANS AND WE ARE NOT LICENSED AS A NUTRITIONIST OR

DIETICIAN. DO NOT DISREGARD ANY RECOMMENDATIONS THAT YOUR HEALTH

PROFESSIONAL HAS GIVEN TO YOU. IF YOU START TO SUFFER ANY HEALTH ISSUES

AFTER USING THE SUGGESTIONS IN THE MATERIALS, PLEASE SEE YOUR HEALTH

PROFESSIONAL IMMEDIATELY. THE INFORMATION IS BEING PROVIDED ON AN “AS

IS” BASIS. WE ARE NOT MAKING ANY REPRESENTATIONS OR WARRANTIES OF ANY

KIND, EXPRESS OR IMPLIED, AS TO THE MATERIALS. TO THE FULLEST EXTENT

PERMISSIBLE BY APPLICABLE LAW, WE ARE DISCLAIMING ALL WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO

CIRCUMSTANCES ARE WE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY

INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING

IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED VIA THE

SERVICE OR THE USE OF THE MATERIALS. BY PROCEEDING WITH THE MATERIALS,

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR AFFILIATES

FROM AN AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, CLAIM AND EXPENSE,

INCLUDING REASONABLE ATTORNEY’S FEES, ARISING FROM YOUR USE OF THE

MATERIALS, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS. IN NO EVENT

SHALL OUR LIABILITY EXCEED THE PRICE YOU PAID FOR THE MATERIALS. AS YOU

KNOW, WE HAVE NOT MET YOU AND ARE NOT AWARE OF ANY SPECIFIC MEDICAL

CONDITION THAT YOU MAY HAVE. WE ARE NOT PROVIDING MEDICAL ADVICE TO

YOU OR SUGGESTING ANY MEDICAL TREATMENTS FOR ANY CONDITIONS THAT YOU

MAY HAVE. THE SERVICE AND MATERIALS SHOULD NOT BE USED TO DIAGNOSE OR

TREAT ANY ILLNESS THAT YOU MAY HAVE. IF YOU HAVE ANY SPECIFIC HEALTH

CONCERNS, YOU SHOULD CONSULT WITH YOUR MEDICAL PROFESSIONAL AND

SHOULD NOT TREAT YOURSELF. ALTHOUGH WE ANTICIPATE THAT WE WILL

PERIODICALLY UPDATE THE SERVICE AND MATERIALS, WE HAVE NO OBLIGATION

TO UPDATE THE MATERIALS ON ANY SPECIFIC SCHEDULE AND IN FACT WE MAY

STOP UPDATING THE MATERIALS AT ANY TIME. WE HAVE NO OBLIGATION TO

NOTIFY YOU OF ANY UPDATES OF THE SERVICE AND MATERIALS. WE DISCLAIM ANY

RESPONSIBILITY FOR THE SERVICE AND/OR MATERIALS TO COMPLY WITH UPDATES

AND/OR CHANGES. IN ANY HARDWARE OR OPERATING SYSTEMS THAT YOU MAY

USE TO ACCESS THE SERVICE OR MATERIALS. THE SERVICE OR MATERIALS MAY

CONTAIN HYPERLINKS TO OTHER SOURCES. WE DO NOT MAKE ANY

REPRESENTATIONS OR WARRANTIES AS TO THE HYPERLINKS (INCLUDING, WITHOUT

LIMITATION, WHETHER THE HYPERLINKS IN THE MATERIALS WILL CONTINUE TO


EXIST AND/OR REMAIN AVAILABLE WITHOUT THE PAYMENT OF ANY FEES). YOU

ARE AGREEING TO ASSUME ANY AND ALL RISKS ASSOCIATED WITH THE

SUGGESTIONS IN THE MATERIALS. YOU REPRESENT THAT YOU HAVE READ AND

AGREED TO THESE TERMS AND CONDITIONS AT ALL TIMES WHILE USING THIS

PROGRAM.

9.2 PLEASE NOTE THAT THE SERVICE CONTAINS CONTENT CREATED BY THIRD

PARTIES, AS WELL AS MESSAGE BOARDS, AND INVOLVES VITRUAL INTERACTIONS

WITH THIRD PARTIES. THIS IS TO HELP PROMOTE EDUCATIONAL AND

INFORMATIONAL PURPOSES ONLY. THE PARTIES RESPONDING TO YOU ON THIS

SERVICE MAY NOT BE PHYSICIANS AND MAY NOT BE LICENSED AS A NUTRITIONIST

OR DIETICIAN. THE POSTS BY ANY INDIVIDUAL ON OUR MESSAGE BOARDS ARE THE

OPINIONS OF THAT PERSON, AND NOT A POSITION OR THE ADVICE OF NA FITNESS.

9.3 WHO SHOULD USE THE SERVICE

a. You must be at least 18 years of age to access the Service.

b. The information offered via the Service and Materials is intended for people in good

health. The information provided via the Service and Materials is not intended to be a

substitute for consultation with your health professional. You need to consult your health

professional before making major changes in your lifestyle or proceeding with the

suggestions in the Materials with respect to dietary and exercise especially if you have

any medical problems of any nature. Even if you have no known health problems, if your

health professional recommends against following with the suggestions in the Materials,

you should do what your health professional recommends.

c. The suggestions offered in the Materials are intended for use by individuals who do not

have food allergies, sensitivities, dietary restrictions or requirements. If you have food

allergies or if you believe you may be sensitive to ingredients in any of the recipes that

we are suggesting, you should only proceed after consulting your health professional.

Regarding any supplemental products suggested in the Materials, if they conflict with any

dietary restrictions or requirements you have, you should proceed only after consulting

your dietician or health professional. In this regard, please remember that individuals may

develop sensitivities to various ingredients or products as they get older. If you have any

doubt as to whether you are sensitive to an ingredient or products, you should not proceed

with the suggestions until after consultation with your health professional or dietician.

Furthermore, please keep in mind that different individuals have different dietary needs

that may not be met by the suggestions in the Materials. You should only proceed with

the suggestions after consultation with your health professional or dietician.

d. If you are pregnant, think you are pregnant, or plan to become pregnant, you should

consult with your health professional. The Materials have been created for healthy

women with no known history of complications in pregnancy or subjection to heightened

risks during pregnancy. If your health professional recommends against following the

suggestions in the Materials, you should do what your health professional recommends.

While the Materials are created with a healthy pregnancy in mind, we are not a doctor,

reproductive specialist or licensed nutritionist, nor medical professional of any kind and

have not examined you personally, and do not know the details of your pregnancy or

medical history.


10. LIMITATION OF LIABILITY

IN NO EVENT WILL COMPANY, OR ANY THIRD PARTY INVOLVED IN PROVIDING THE

SERVICE (COLLECTIVELY "THE PROVIDERS"),BE LIABLE TO YOU FOR ANY DAMAGES

(INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,

OR PUNITIVE DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST

INFORMATION) RISING OUT OF USER ACTIONS, USER COMMENTS, YOUR USE OF, OR

INABILITY TO USE, THE SERVICE, OR THE USE OR INABILITY TO USE THE SERVICE BY

ANY THIRD PARTY THAT MAY HAVE ACCESS TO THE SERVICE BY OR THROUGH YOU,

EVEN IF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,

AND WITHOUT REGARD TO WHETHER SUCH DAMAGES, OR CLAIMS OF DAMAGES ARISE

BASED IN CONTRACT, TORT OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE

CONTRARY CONTAINED HEREIN, THE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE

AMOUNT PAID, IF ANY, BY YOU TO USE THE SERVICE.

COMPANY, HAS NO LIABILITY WITH RESPECT TO USER CONDUCT, THE CONTENT OF

THE SERVICE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, ERRORS OR

OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY,

PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS

OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.

THE LIMITATION OF LIABILITY SET FORTH HEREIN MAY NOT BE ENFORCEABLE IN

CERTAIN JURISDICTIONS, OR UNDER CERTAIN CIRCUMSTANCES, AS A MATTER OF

LOCAL LAW, AND IS NOT INTENDED TO REPLACE OR SUPERSEDE LOCAL LAW.

11. LINKS.

You acknowledge that we have not reviewed the content of all sites linked to or from the Service and

that we are not responsible for the content of any of those sites and do not take responsibility for them or

endorse them.

12. INDEMNITY.

YOU AGREE TO INDEMNIFY AND HOLD US, AND OUR DIRECTORS, OFFICERS,

EMPLOYEES, AND REPRESENTATIVES HARMLESS FROM ANY AND ALL LOSSES

(INCLUDING, BUT NOT LIMITED TO, ATTORNEY FEES) RESULTING FROM ANY CLAIMS

THAT YOU ASSERT, OR MAY ASSERT, BASED ON OR RELATING TO YOUR USE, OR THE

USE OF ANY INDIVIDUAL USING YOUR PASSWORD, OF THIS SERVICE. YOU FURTHER

AGREE TO INDEMNIFY AND HOLD US, AND OUR DIRECTORS, OFFICERS, EMPLOYEES,

AND REPRESENTATIVES HARMLESS FROM ANY AND ALL LOSSES RESULTING FROM

CLAIMS OF THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY FEES) THAT

RESULT IN WHOLE OR IN PART FROM VIOLATIONS BY YOU, OR ANY INDIVIDUAL

USING YOUR PASSWORD, OF ANY OF THE TERMS OF THIS AGREEMENT.

13. PRIVACY POLICY

NA Fitness reserves the right to track and report Your activity inside the Service and our other software

applications for analytical purposes. NA Fitness cautions You against giving out any personally

identifying information about Yourself, Your children, or any other person in the Service. In an effort to

preserve Your privacy, NA Fitness agrees that it will treat any personally identifying information that

You submit through the Service in accordance with the terms outlined in its Privacy Policy located at

https://www.nancyandersonfit.com/.com/privacy .


14. DISCLOSURES REQUIRED BY LAW

NA Fitness reserves the right at all times to disclose any information, including personally identifiable

information about You, as necessary to satisfy any applicable law, regulation, legal process or

governmental request. NA Fitness reserves the right to fully cooperate with any law enforcement

authorities or court order requesting or directing NA Fitness to disclose the identity of anyone publishing

or otherwise making available any materials that are believed to violate this Agreement.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD

COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY

COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS

TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW

ENFORCEMENT AUTHORITIES.

15. DISPUTE RESOLUTION AND GOVERNING LAW

Except to the extent that the applicable laws and regulations of Your jurisdiction mandate otherwise, this

Agreement is governed by and will be construed under the laws of Texas without regard to its conflict of

law provisions and, except as noted below in Section 16,

You agree to submit to the exclusive jurisdiction of the courts Texas to resolve all disputes related

to this Agreement.

EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO

TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL

PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE

OF THE SERVICE OR THE TRANSACTIONS CONTEMPLATED HEREBY.

16. BINDING ARBITRATION

16.1. Arbitration Procedures. You and NA Fitness agree that, except as provided in Section 16.5

below, all disputes, controversies and claims related to this Agreement (each a “Claim”), will be

finally and exclusively resolved by binding arbitration, which may be initiated by either party by

sending a written notice requesting arbitration to the other party. Any election to arbitrate by one

party will be final and binding on the other. The arbitration will be conducted under the Streamlined

Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated

(the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict

between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in

this Binding Arbitration Section will control and prevail.

16.2. Except as otherwise set forth in Section 16.5 below, You may seek any non-injunctive remedies

available to You under federal, state or local laws in an arbitration action. As part of the arbitration,

both You and we will have the opportunity for discovery of non-privileged information that is

relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision

regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the

arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration will be

governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as

otherwise provided in this Agreement, (i) You and COMPANY may litigate in court to compel

arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the

award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties


and enforceable in any court that has jurisdiction, provided that any award may be challenged if the

arbitrator fails to follow applicable law.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU

AND COMPANY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

16.3. Location. The arbitration will be conducted in Los Angeles, California, unless the parties

agree to video, phone and/or internet connection appearances.

16.4. Limitations. You and COMPANY agree that any arbitration will be limited to the Claim

between COMPANY and You individually. YOU AND COMPANY AGREE THAT (A) THERE IS

NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-

ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT

OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED

REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO

ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.

16.5. Exceptions to Arbitration. You and COMPANY agree that the following Claims are not subject

to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to

enforce or protect, or concerning the validity of, any of Your or COMPANY’s intellectual property

rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or

unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may

assert an individual action in small claims court for Claims that are within the scope of such court’s

jurisdiction in lieu of arbitration with the other party’s consent.

16.6. Arbitration Fees. The party seeking the Claim is responsible for the initial fees to JAMS. All

other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

16.7. Severability. You and NA Fitness agree that if any portion this Section is found illegal or

unenforceable, except any portion of Section 16.5, that portion will be severed and the remainder of

the Section will be given full force and effect. If Section 16.5 is found to be illegal or unenforceable,

then neither You nor NA Fitness will elect to arbitrate any Claim falling within that portion of this

Section found to be illegal or unenforceable and such Claim will be exclusively decided by a court of

competent jurisdiction within the City of Dallas, Texas and You and NA Fitness agree to submit to

the personal jurisdiction of that court.

17. MISCELLANEOUS TERMS

17.1. Entire Agreement. This Agreement constitutes the entire agreement between You and NA Fitness

and governs the terms and conditions of Your use of the Service, and supersedes all prior or

contemporaneous communications and proposals, whether electronic, oral or written, between You and

NA Fitness with respect to the Service. Notwithstanding the foregoing, You may also be subject to

additional terms and conditions, posted policies (including but not limited to the Privacy Policy),

guidelines, or rules that may apply when You use or purchase certain elements of the Service, Affiliate

or advertiser services, third-party content or third-party software.

17.2. Contact. By Your consent in this Agreement, NA Fitness may contact You for any of the

following, by example and not by limitation: information You provided in relation to billing;

responses to user inquiries; order processing; promotions; or in requesting feedback.


17.3. No Waiver. The failure of NA Fitness to exercise or enforce any right or provision of this

Agreement will not operate as a waiver of such right or provision. Any waiver of this Agreement

by NA Fitness must be in writing and signed by an authorized representative of NA Fitness.

17.4. Local laws. NA Fitness makes no representation that content or materials in the Service are

appropriate or available for use in jurisdictions outside the United States. Access to the Service from

jurisdictions where such access is illegal is prohibited. If You choose to access the Service from

other jurisdictions, You do so on Your own initiative and are responsible for compliance with

applicable local laws. NA Fitness is not responsible for any violation of law. You further agree to

comply with all applicable laws regarding the transmission of technical data exported from the

United States and the country in which You reside (if different from the United States).

17.5. Force Majeure. We shall be not held liable for any delay or failure in performance of any part

of this Agreement from any cause beyond our control and without our fault or negligence, such as

acts of God, viral pandemics, acts of civil or military authority, current laws and regulations and

changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions,

earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major

environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal

activities of third parties, inability to secure products or services of other persons or transportation

facilities, acts or omissions of transportation or telecommunications common carriers, or acts,

omissions, overloading, or slow downs over the internet or any third party internet service providers.

17.6. Severability. If any provision of this Agreement is found by a court of competent jurisdiction

to be invalid, that provision will be modified to reflect the parties’ intentions in the provision or

severed, if such modification is not possible, and the other provisions of this Agreement remain in

full force and effect.

17.7. Section Titles. The section titles in this Agreement are for convenience only and have no legal

or contractual effect.

17.8. No Partnership. Nothing contained in the Agreement will be construed to constitute either party

as a partner, joint venturer, employee or agent of the other party, nor may either party hold itself out

as such. Neither party has any right or authority to incur, assume or create, in writing nor otherwise,

any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf

of the other party, it being intended by both parties that each will remain independent contractors

responsible for its own actions.

Please report any violations of this Agreement to NA Fitness at hello@nancyandersonfit.com.