Terms of Use
These Terms of Use (“Terms”) govern your access and use of the online health and wellness courses offered by Stretch With AshleaTM (“we,” “us,” or “our”).
By accessing or using our courses,you agree to be bound by these Terms.
1. DISCLAIMER
Our courses are for informational purposes only and are not intended to diagnose, treat, cure, or prevent any medical condition. You should always consult with a qualified healthcare professional before making any changes to your diet, exercise routine, or lifestyle. We are not a substitute for professional medical advice, diagnosis, or treatment. We assume no responsibility for any adverse effects or consequences resulting from the use of the information or materials presented in our courses.
2. MODIFICATION TO THESE TERMS
We may amend or modify these Terms at any time. We will e-mail you or post a notification on the Site in the event of any material changes to these Terms. Such changes, whether in the form of modifications, additions or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Site. Please check these Terms periodically for changes. Your continued use of the Site and/or the Services following our posting of any changes to these Terms means that you accept and agree to those changes.
3. ACCOUNT ACCESS INFORMATION
In the event you are required to create an account to access any part of the Site and/or Services, you must treat your account information (including, without limitation, your username, password and any other piece of information required as part of our security procedures) as confidential, and you must not disclose the foregoing to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person or entity with access to the Site and/or Services or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree to be responsible for any use of the Site and/or Services or portions of it using your username, password or other security information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time, if you have violated any provision of these Terms.
4. RESTRICTIONS ON USE
Solely for Personal Use. You may use the Site, the Services and all associated content solely for your personal use and enjoyment. The Site, the Services, or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
5. COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS
When accessing and using the Site and/or the Services, you agree to obey all applicable laws and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any User Content (as defined below) that you provide or transmit to us.
As between you and us, all content on the Site and the Services, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound or any other digital media, is owned by us and/or our licensor and is subject to protection by patent, copyright, trademark or other intellectual property or proprietary rights. In addition, the entire content of the Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement and enhancement of such content. Any feedback, suggestions or ideas you provide to us relating to the Site and/or the Services shall be deemed to be non-confidential and we shall be free to use such feedback, suggestions or ideas on a royalty-free, perpetual, irrevocable, worldwide, transferable, unrestricted basis.
All trademarks, trade names, trade dress, logos and service marks (collectively, the “Trademarks”) appearing on the Site and/or the Services are the property of their respective owners, including, in some instances, us and/or our partner companies. Nothing contained on the Site, the Services or these Terms serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by us or by any third party.
Except as expressly provided herein, you may not use, modify, create derivative works of, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any content or material from the Site or the Services without express written permission from us and, if applicable, the respective copyright owner. You acknowledge and agree that you do not acquire any ownership rights by accessing or using the Site and/or the Services.
6. PURCHASES
Products, Prices and Promotions
Products offered on the Site are offered subject to availability. All products should be used strictly in accordance with any applicable instructions, precautions and guidelines. All prices, discounts and promotions posted on the Site are subject to change without notice to the extent permitted by applicable law. We may, from time to time, offer promotions or other discounts on product purchases. We reserve the right to suspend any such promotions, update product information and change prices at any time without notice. Furthermore, we reserve the right to change, limit, refuse or cancel any order you place with us at our sole discretion. If we change or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address and/or phone number provided at the time the order was made.
We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time, and to cancel any orders arising from such occurrences.
Coupons/Discount Codes
Use is limited to one (1) time per coupon and/or discount code per customer and subject to the terms and conditions of the applicable coupon and/or discount code. Discounts will be applied at checkout. Online offers have no cash value and are not redeemable for cash. Coupons and discount codes are not valid on previous purchases or when combined with other promotional offers.
Payment Terms
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. By entering into any transaction on the Site, you represent, warrant and covenant that all information you provide is true, correct and complete (including, without limitation, your credit card information and billing address); that any credit card transactions submitted by you are authorized; that charges incurred by you will be honored by your credit card company; that you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order; and that you are the legal holder of any credit card or payment account used to enter into any transaction on the Site. If, in our sole discretion, we determine that: (i) your means of payment is not valid, (ii) a transaction is not authorized, (iii) your means of payment cannot be processed or verified at the time of any charge, (iv) a charge is disputed for any reason other than failure by us to deliver the item(s) purchased by you, (v) you have abused or misused promotions or promotion codes, as applicable, or (vi) you have otherwise used the Site to enter into an improper transaction, we reserve the right to immediately terminate any pending transactions, suspend your access to the Site, and terminate all of our obligations hereunder.
Payment Processing
By agreeing to these Terms, you consent that the payment processing services for products purchased on the Site are provided by a third-party payment processor.
Payment and Refunds
You agree to pay the fees for the courses you select. There are no refunds due to the style of material. While all sales are final, in the rare instance of a technical issue preventing you from accessing the course materials, please contact us at movebetter@stretchwithashlea.com. We will work diligently to resolve the issue.
7. DISCLAIMER OF WARRANTIES
The site and/or the services may provide you with certain information, including, without limitation, tutorials, workouts or recommendations. All such information is provided for general information purposes only and does not constitute medical or other professional advice or an opinion of any kind. The site and the services do not provide or replace any medical professional or medical resource. You should consult your physician or other health care practitioner before starting any exercise program. This is particularly true if you or your family have a history of high blood pressure or heart disease, or if you have ever experienced discomfort while exercising. Never disregard professional medical advice or delay in seeking it because of something you have read on the site and/or the services. Further, all such information made available through the site and/or the services is provided on an “as is” and “as available” basis and you hereby expressly acknowledge and agree that any use of, or reliance on, such information is at your sole risk.
You expressly acknowledge and agree that your use of the site and the services (including, without limitation, any products and/or services offered via the site) is at your sole risk. The site and the services (including, without limitation, any products and/or services offered via the site) are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non- infringement. We make no warranty that the site or the services (including, without limitation, any products and/or services offered via the site) will meet your requirements or will be uninterrupted, timely, unfailingly secure, or error-free, that the results that may be obtained from the use of the site or the services will be accurate or reliable, that the quality of any information or materials obtained by you through the site or the services will meet your expectations, and that any errors in the site or the services will be corrected. Your sole remedy against us for dissatisfaction with the site or the services is to stop using the site or the services, as applicable. The foregoing limitation of relief is an essential part of the bargain between you and us under these terms. Please note that some jurisdictions do not allow limitations on the length or scope of an implied warranty, so the above limitations may not apply to you.
8. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Stretch With Ashlea from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings (including any and all liability, damages, costs, expenses (including reasonable attorneys’ fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of or in connection with: (i) your violation or breach of these Terms; (ii) your use of the Site and/or the Services (including, without limitation, any products and/or services offered via the Site); (iii) your dispute with another user; (iv) your violation of any rights of any third party; (v) any claim related to your User Content; or (vi) your violation of applicable law. This indemnification obligation will continue after you stop using the Site and/or the Services. We reserve the right to assume the exclusive defense and control of any claim and matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
9. CONSENT TO ELECTRONIC COMMUNICATIONS; NOTICES
You agree that we or our authorized agents may provide you in electronic form any information or other communications regarding our Services. These communications may be provided through our Site, e-mail, text message or another website. When you visit our Site, use the Services, or communicate with us electronically, you consent to receive communications from us electronically.
We may send you responses or notices by e-mail, posting to the Site, or written communication sent by U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
10. USER CONTENT
You are, and shall remain, solely responsible for the content of any materials, including, without limitation, User Generated Social Media Content (as defined below), materials, submissions, artwork, logos, service marks, trademarks, images, text, ideas, notes, drawings, photographs, graphics, messages, concepts, or other information or communications (collectively, “User Content”) you send, provide, upload, post or transmit to us via the Site, the Services, the Internet, e-mail or otherwise. We welcome our customers to share photos and videos of their experiences. You may grant us permission to use, share and/or re-post your photos, videos, reviews or other content (collectively, “User Generated Social Media Content”) by tagging or mentioning Stretch With Ashlea with such User Generated Social Media Content.
You hereby grant to us and our affiliates, the royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, share, re-post, translate, create derivate works of, and display User Content, without payment, royalties, or other consideration to you, in connection with (i) the operation of the Site, (ii) providing you the Services, and (iii) for our business purposes, including, without limitation, promotion, advertising or marketing of Stretch With Ashlea, in any form, medium or technology now known or later developed. By granting us permission to use your User Generated Social Media Content you also hereby grant us permission to use and authorize others to use your name and/or social media handle in association with your User Generated Social Media Content for identification, publicity related to Stretch With Ashlea and the Services, and similar promotional purposes. While our general policy is to credit User Generated Social Media Content to their respective copyright holders, image/content credit is not guaranteed. Subject to existing laws, you hereby waive any moral rights that you may have in any User Content. In addition, you release the Stretch With Ashlea Parties (as defined below) from all claims, demands, actions, or suits in connection with your User Content or User Generated Social Media Content, including any liability related to the Stretch With Ashlea Parties’ use or non-use of your User Content or User Generated Social Media Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.
You represent and warrant that you are the owner of or have the right to license User Content and that your User Content does not and will not infringe, misappropriate or violate the intellectual property or other proprietary rights of any third party. You must not send, upload, post or transmit to us any User Content to which you do not hold the necessary rights or which violate or infringe upon the intellectual property or other proprietary rights of others. In addition, your User Content may not: (a) contain any personally identifiable information, including contact information for you or any person; (b) bully, threaten, abuse, harass, degrade or mock, or contain, depict or promote any threats to, any person, place, property, business or group; (c) contain, depict or promote any libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd or otherwise inappropriate content; (d) contain or depict any symbols, words or slurs that are widely considered offensive to individuals of a certain race, gender, ethnicity, religion, sexual orientation or socioeconomic group; (e) contain, depict or promote any unreasonably dangerous or reckless behavior or activity, including, without limitation, violence, abuse, cruelty to animals, use of illegal drugs, excessive or inappropriate use of alcohol or legal drugs or any conduct that constitutes a criminal offense or gives rise to civil liability; (f) share or transmit unsolicited advertising, spam or junk or bulk messages; or (g) involve impersonation of any other individual or misrepresentation of your professional or other affiliation with any other person or entity.
You acknowledge that Stretch With Ashlea and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any User Content that violates these Terms or may otherwise be objectionable. You further acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or if there is certain belief that such preservation or disclosure is reasonably necessary to: (A) comply with legal process; (B) enforce these Terms; (C) respond to claims that the User Content violates the rights of third-parties; or (D) protect the rights, property, or personal safety of Stretch With Ashlea its users and the public. We advise that you keep a copy of all User Content uploaded to the Site and/or Services. We maintain no guarantee that User Content uploaded into the Site and/or Services will be available in the future and are not liable for loss of User Content under any circumstance.
11. REVIEWS
We may provide specific opportunities for you to tell us and other users what you think about our products or other services made available on our Site (“Reviews”). If you take elect to provide a Review, you understand and agree that you shall state your opinions lawfully, honestly and in good faith and reveal to others any conflict of interest or relationship that might influence your views, if applicable. You hereby grant to us and our affiliates, the royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, share, re-post, translate, create derivative works of, and display your Reviews, without payment, royalties, or other consideration to you, in connection with (i) the operation of the Site, and (ii) for our business purposes, including, without limitation, promotion, advertising or marketing of Stretch With Ashlea, in any form, medium or technology now known or later developed (including, without limitation, on any of our social media accounts). All Reviews are strictly the opinion of the user posting such Review, and we do not endorse or approve any such Reviews, nor do we have any responsibility or liability for the accuracy, appropriateness or content of such Reviews.
12. LIMITATION OF LIABILITY
Stretch With Ashlea will not be liable for any damages arising out of your use of our courses, including, but not limited to, direct, indirect, incidental, consequential, or punitive damages.
13. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and us regarding your access and use of our courses.
14. GOVERNING LAW
These Terms will be governed by and construed in accordance with the laws of the State of North Carolina.
15. CONTACT US
If you have any questions about these Terms, please contact us at movebetter@stretchwithashlea.com
© 2024 Stretch With Ashlea