TERMS OF USE – Alexia-Clark.com These Terms of Use (“Terms”) govern your use of the Alexia-clark.com website, any related apps or software, and any social media content made available by Alexia Clark (collectively, the “Platform”), and participation in any of the services provided through the Platform. These Terms are an agreement between Alexia-Clark.com (“we”, “us”, or “our”) and you. By downloading or using any of the Platform, you agree that you have read and understand these Terms and you accept and agree to be bound by these Terms. If you disagree with any of the Terms below, we do not grant you the right to use the Platform and you should immediately discontinue all use of the Platform.

Registration 

Access to and use of the Platform is restricted to registered users only. Some content on the Platform may require different types of registrations and/or payment of additional fees. In order to register and use the Platform, you must provide truthful and accurate account information, including but not limited to a username, email address, phone number, billing address, and credit card information. You are responsible for updating your account information as necessary to keep it accurate. Failure to maintain accurate account information could limit your access to the Platform.

Free Trial 

In the event that you have accessed the Services through a free trial, you will have a certain period of time (as indicated at the time or registration) where you can have full access to the Services. At the end of the period of the free trial, your access to the Services will require a subscription, which will be automatically created at the end of the free trial. By accessing the Services using the free trial, you hereby understand and agree that the credit card or other payment method you have designated for use will be charged either: (1) the monthly subscription fee of $29.99 USD (or the price then in effect at the time of your purchase) each month following expiration of the free trial period; or (2) the annual subscription fee of $179.99 USD (or the price then in effect at the time of your purchase) each year following expiration of the free trial period. You can turn off auto renewing subscriptions up to 24 hours before your next subscription payment is due from within your account at alexia-clark.com or via your iTunes account settings page depending on where you purchased your subscription. Subscriptions may be managed and auto renewal may be turned off from within your account at alexia-clark.com or via your iTunes account settings after purchase. Any unused portion of a free trial will be forfeited when a subscription is purchased.

Risks of Platform Use

 This Platform contains content on personal fitness, wellbeing, and nutrition and is not a substitute for direct, personal, professional medical care and diagnosis. None of the meal plans or exercise programs provided on the Platform should be performed or otherwise used without clearance from your physician or health care provider first. The information provided on the Platform is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing on the Platform should be misconstrued to mean otherwise.

Not all exercises shown on the Platform are suitable or appropriate for everyone. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy, or have physical discomfort, you should stop immediately. You are solely responsible for exercising within your limits and seeking medical advice and attention as appropriate. We are not responsible for any injuries that result from participating in the exercises shown on the Platform. Children’s Use The Platform is not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Platform.

The Platform and Permitted Uses The Platform provides a variety of videos, how-to’s, written descriptions, charts, and other information on fitness programs and diets (collectively, the “Platform Content”).

The Platform can only be used for your own personal purposes. To ensure that the Platform and the Platform Content are available for all users to enjoy, you represent, warrant, and covenant that you will not permit or enable a third party to do any of the following: (1) violate these Terms; (2) make commercial use of the Platform that is designed to monetize the login process, the collection and use of any personal information provided by other users, or access to the Platform Content; (3) use the Platform for any purpose that is unlawful, infringing, harmful, threatening, tortious, defamatory, libelous, abusive, obscene, invasive of another’s privacy, hateful, fraudulent, or malicious; (4) harass or advocate harassment of another person; (5) transmit “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; (6) involves the sending of any virus, Trojan horse, worm, harmful code, shutdown mechanism or similar mechanism; (7) promote information that you know is false, misleading, or promotes illegal activities or conduct; (8) interfere with or disrupt the Platform or any server or network involved with the operation of the Platform; (9) collect or harvest from the Platform the names of other users for the purpose of transmitting to those other users unsolicited commercial messages; (10) access or attempt to access any portion of the Platform or the Platform Content by any means other than through the Website or Platform App or use automated tools to operate the Platform (i.e. scripts, robots, etc.); (11) resell, rent, loan, or sublicense the Platform or Platform Content; or (12) otherwise violates any local, national or other applicable law or regulation.

If you become aware of any unauthorized use of the Platform, Platform App, or Platform Content, you must immediately notify us in writing at contact@alexia-clark.com. In the event that the unauthorized use occurred through your account by a third-party, you will take all steps necessary to terminate such unauthorized use and cooperate with us as may be reasonably requested to stop the unauthorized use.

ANY USE OF THE PLATFORM OR PLATFORM APP THAT IS NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED AND MAY RESULT, IN OUR SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT WITHOUT ISSUANCE OF A REFUND.

Subscription Fees, Payment Terms, and Refund Policy 

The fees charged for access to the Platform are referred to as Subscription Fees. To access the Platform Content, you will be subject to either monthly or annual Subscription Fees in accordance with a fee schedule made available on the Platform. You will be required to submit payment monthly or annually in advance to access the Platform. Payment of Subscription Fees will be conducted automatically on a monthly or annual basis. If payment of a Subscription Fee is not successful for any reason, your access to the Platform will be suspended until we can collect payment from you. If we are unable to effect automatic payment via your credit card, we will attempt to notify you via email. Since the Platform is delivered in full at the beginning of the subscription period, amounts paid for the Platform under these Terms are generally not refundable.

We will publish a fee schedule on the Platform for your review. These fees are subject to change from time to time in our sole discretion and we will use good faith efforts to notify you via email or some other means prior to effectuating a change to the fee schedule.

As a condition of using the Platform, you must provide us with payment. Payment for the Platform must be made by a valid credit card or credit card and having sufficient payment to cover the subscription fee as charged to you. Other forms of payment, including cash, check, wire transfer, or other trade format will not be accepted as payment. You are solely responsible for paying amounts billed by use to your credit card for the Subscription Fees. All fees are payable in U.S. dollars. Any payments made by credit card are subject to the approval of the financial institution that issued the credit card.

Subscription periods are for monthly or annual terms. Once the initial subscription period has expired, your contract will be renewed automatically for the same term at the rates then in effect. In order to maintain your access to the Platform, you hereby agree that we may continue to process your payments on the credit card you provided for your latest payment. If, before the end of the initial term of service you do not wish to continue renewing your contract, you must process a cancelation for your subscription. Once your subscription is cancelled, you will continue to have access to your account for the remainder of the term of the subscription that you have paid for.

We do not provide refunds of any portion of the Subscription Fees.

Your Privacy

 We are very sensitive to the privacy concerns of our users. Our Privacy Policy outlines the types of personal information that you may provide to us while using the Platform or the Platform App and explains how we handle such personal information and protect it.

Your Submissions

 You hereby grant to us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated, posted, or otherwise provided by you (or on your behalf) on the Platform, the Platform App, or any website or social media account associated with Alexia Clark (each, a "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that we will not be bound to treat any Submission as confidential and may use any Submission in our business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future operations or businesses.

 In regards to all Submissions, you represent and warrant to us that (i) you have full power and authority to enter into these Terms of Use; (ii) your Submissions are original to you or you have obtained all permissions, releases, rights or licenses required to grant the rights and assignment granted herein without obtaining any further releases or consents; and (iii) your Submissions do not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, and do not contain any matter that is defamatory.  We and our licensees may display advertisements and other information adjacent to or included with Submissions on the Platform, Platform App, and other any other media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

The Platform and Intellectual Property

 The Platform, Platform App, and Platform Content, including all materials, images, text, illustrations, designs, icons, photographs, video clips, audio signals, structure, layout, software, “look and feel,” and other elements contained on or otherwise making up the Platform, Platform App, or Platform Content (collectively, the “Content”), are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. We own all right, title and interest in and to the Content. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Content solely in accordance with these Terms. You are not granted any further license to any software or intellectual property rights by these Terms. Your access to and use of the Platform and Platform App is limited to your own personal electronic devices for your own personal use and may not be shared with any other person, regardless of the medium through which you are accessing the Platform and Platform App.

You are specifically prohibited from personally, and on behalf of others: (1) copying, adapting, displaying, distributing, publishing, disseminating, transmitting, storing, selling, or using the Platform, Platform App, or Content for any purposes or in any manner other than as intended and expressly authorized in writing by us; (2) removing or attempting to remove from the Platform or Platform App, downloading, copying, recreating, disassembling, modifying, destroying, tampering with, deactivating, translating, reverse engineering, or decompiling any software or other Content on the Platform or Platform App; or (3) assigning, selling, sublicensing, leasing, or otherwise transferring your right to use the Platform, Platform App, or Content; (4) using, displaying, or distributing any of the Content on your personal website, blog, social network or any other medium of publication, whether print or electronic.

We may terminate your access to the Platform or Platform App if you are in breach of any of our intellectual property rights.

Platform Warranties and Disclaimers 

We provide the Platform on an “as is” and “as available” basis. You use the Platform at your own risk. We expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, we make no representations or warranties (1) that the Platform will be permitted in your jurisdiction; (2) that the Platform will be uninterrupted or error-free; (3) concerning any content submitted by any member; (4) concerning any third party’s use of content that you submit; (5) that the Platform will meet your personal or professional needs; (6) that we will continue to support any particular feature of the Platform; (7) concerning sites and resources outside of the Platform, even if linked to from the Platform.

If a secondary party may have access to or view the Platform content on your computer or mobile device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms.

You have been informed of, understand, and are aware that strength, flexibility and aerobic exercise, including the use of equipment in connection with the Services are potentially hazardous activities. You also have been informed of, understand and are aware that fitness activities involve a risk of injury and that you are voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. You hereby agree to expressly assume and accept any and all risks of injury in using the Services.

Termination of These Terms 

The Owner may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or any other terms or policies provided by the Owner, (ii) you create risk or possible legal exposure for the Owner; (iii) your account should be removed due to unlawful conduct, or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services. The scope of the termination or suspension will be in the sole discretion of the Owner and may include a revocation of your rights to join, or continue to participate in, any social media groups or accounts associated with the Owner. You further acknowledge, agree, and understand that Owner’s decision to terminate any of the Services or your participation in any groups associated with the Services in connection with this “Termination of These Terms” section will not entitle you to any refund of any subscription fee or other membership fees that you might have paid to Owner for the Services.

Indemnity 

You agree to indemnify, defend, and hold harmless us and our affiliates, directors, officers, employees, and agents, from and against all claims, damages, losses and costs that: (1) arise from your activities on or associated with your use of the Platform; (2) assert a violation by you of any term of this Agreement; or (3) assert that any content you submitted to the Platform violates any law or infringes any third party right, including any intellectual property or privacy right. Limitation of Liability We will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Platform and/or any website with which they are linked, and/or any content, information, products or services accessible through the Platform, even if we have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of us to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for use of the Platform.

Binding Arbitration

 You and us agree that any controversy or claim arising out of or relating to the Platform, use of the Platform, these Terms, and/or the Privacy Policy will be settled by binding arbitration in the Phoenix, Arizona, United States area. Such arbitration will be conducted in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMES Rules and Procedures are available at www.jamsadr.com. The arbitrator will be selected pursuant to the JAMS Rules and Procedures. The arbitrator will apply Arizona law consistent with the Federal Arbitration Act and applicable statutes of limitations, and will honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH WILL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THE PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

Confidentiality of Communications From Us 

You agree and understand that all communications (including email communication, direct message communication, or other communication, collectively “Communications”) we send to you, whether through the Platform, social media platforms, or any other communication medium, are confidential as between us and you. For this reason, you agree not to display or otherwise distribute any Communications sent to you. You further agree to keep these Communications and their contents confidential.

General Information

 These Terms constitute the entire agreement and understanding between you and us and supersedes any prior agreements between you and us. These Terms and the relationship between you and us will be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws provisions. You irrevocably agree to submit to the personal and exclusive jurisdiction of the courts in Maricopa County, in the State of Arizona, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision will be deemed severed herefrom and will not affect the validity and enforceability of any remaining provisions. You may not assign, transfer, or sub-license any rights granted by these Terms without our prior express written consent. We may assign these Terms to any third party whom we choose without your consent. No waiver by us of any breach of default hereunder will be deemed a waiver of any preceding or subsequent breach or default.

Updated: April 25, 2023