Terms and conditions

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the Momshell Method Fitness website ("Website" or "Service") and any of its related products and services (collectively, "Services").  This Agreement is legally binding between you ("User", "you" or "your") and Momshell Method Fitness ("we", "us" or "our").  By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.  If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity.  If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services.  You acknowledge that this Agreement is a contract between you and Momshell Method Fitness, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services. 

 

Accounts and membership  

You must be at least 13 years of age to use the Website and Services.  By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age.  If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.  We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services.  Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.  We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.  We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill.  If we delete your account for the foregoing reasons, you may not re-register for our Services.  We may block your email address and Internet protocol address to prevent further registration.

 

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly, or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein.  We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources.  We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties.  You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services.  Your linking to any other off-site resources is at your own risk. 

 

Intellectual property rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Momshell Method Fitness or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Momshell Method Fitness.  All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Momshell Method Fitness or its licensors.  Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties.  Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Momshell Method Fitness or third-party trademarks. 

 

Disclaimer of warranty

You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk.  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 Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected.  You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data.  We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise.  No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein. 

 

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Momshell Method Fitness, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.  To the maximum extent permitted by applicable law, the aggregate liability of Momshell Method Fitness and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Momshell Method Fitness for the prior one month period prior to the first event or occurrence giving rise to such liability.  The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

 

Indemnification

You agree to indemnify and hold Momshell Method Fitness and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part. 

 

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Georgia, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States.  The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Georgia, United States, and you hereby submit to the personal jurisdiction of such courts.  You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. 

 

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page.  Continued use of the Website and Services after any such changes shall constitute your consent to such changes. 

 

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement.  If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

 

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to momshellmethod@gmail.com.

 

Disclaimer

This disclaimer ("Disclaimer") sets forth the general guidelines, disclosures, and terms of your use of the Momshell Method Fitness website ("Website" or "Service") and any of its related products and services (collectively, "Services").  This Disclaimer is a legally binding agreement between you ("User", "you" or "your") and Momshell Method Fitness, ("we", "us" or "our").  By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Disclaimer.  If you are entering into this Disclaimer on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Disclaimer, in which case the terms "User", "you" or "your" shall refer to such entity.  If you do not have such authority, or if you do not agree with the terms of this Disclaimer, you must not accept this Disclaimer and may not access and use the Website and Services.  You acknowledge that this Disclaimer is a contract between you and Momshell Method Fitness, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

 

Representation

Any views or opinions represented on the Website belong solely to the content creators and do not represent those of people, institutions, or organizations that Momshell Method Fitness or creators may or may not be associated with in professional or personal capacity, unless explicitly stated.  Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

 

Content and postings

You may not modify, print or copy any part of the Website and Services.  Inclusion of any part of the Website and Services in another work, whether in printed or electronic or another form or inclusion of any part of the Website and Services on another resource by embedding, framing or otherwise without the express permission of Momshell Method Fitness is prohibited.  

 

Fitness and medical disclaimer

The information available on the Website is for general health information only and is not intended to be a substitute for professional medical advice, diagnosis or treatment.  You should not rely exclusively on information provided on the Website for your health needs.  All specific medical questions should be presented to your own health care provider and you should seek medical advice regarding your health and before starting any nutrition, weight loss or any other type of workout program.  If you choose to use the information available on the Website without prior consultation with and consent of your physician, you are agreeing to accept full responsibility for your decisions and agreeing to hold harmless Momshell Method Fitness, its agents, employees, contractors, and any affiliated companies from any liability with respect to injury or illness to you or your property arising out of or connected with your use of this information.  There may be risks associated with participating in activities presented on the Website for people in good or poor health or with pre-existing physical or mental health conditions.  If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.  The results obtained from the information available on the Website may vary, and will be based on your individual background, physical health, previous experience, capacity, ability to act, motivation and other variables.  There are no guarantees concerning the level of success you may experience. 

 

Reviews and testimonials

Testimonials are received in various forms through a variety of submission methods. They are individual experiences, reflecting experiences of those who have used the Website and Services in some way or another.  However, they are individual results and results do vary.  We do not claim that they are typical results that consumers will generally achieve.  The testimonials are not necessarily representative of all of those who will use Website and Services, and Momshell Method Fitness is not responsible for the opinions or comments available on the Website and does not necessarily share them.  People providing testimonials on the Website may have been compensated with free products or discounts for use of their experiences.  All opinions expressed are strictly the views of the reviewers.  The testimonials displayed are given verbatim except for grammatical or typing error corrections.  Some testimonials may have been edited for clarity or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. Testimonials may be reviewed for authenticity before they are available for public viewing.

 

Indemnification and warranties

While we have made every attempt to ensure that the information contained on the Website is correct, Momshell Method Fitness is not responsible for any errors or omissions, or for the results obtained from the use of this information.  All information on the Website is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied.  In no event will Momshell Method Fitness, or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information on the Website, or for any consequential, special or similar damages, even if advised of the possibility of such damages. Information contained on the Website are subject to change at any time and without warning. 

 

Changes and amendments

We reserve the right to modify this Disclaimer or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Disclaimer on the Website.  When we do, we will revise the updated date at the bottom of this page.  Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

 

Acceptance of this disclaimer

You acknowledge that you have read this Disclaimer and agree to all its terms and conditions.  By accessing and using the Website and Services you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorized to access or use the Website and Services. 

 

Contacting us

If you would like to contact us to understand more about this Disclaimer or wish to contact us concerning any matter relating to it, you may send an email to momshellmethod@gmail.com. 

This document was last updated on 4/11/22.