Terms & Conditions
Terms of Service | Legal Disclaimer
IMPORTANT PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE CONTINUING
OVERVIEW
Welcome to Star Power Fit! (“Star Power Fit”, “us”, “our”, “we”). We produce services, products, content, and/or other materials made available on our website which includes without limitation starpowerfit.com among others (“Sites”), and various mobile applications (“Apps”). These terms and conditions (collectively, the “Terms” or “Agreement” define your rights and obligations related to our Sites, Apps, and Content, your purchase, use, or downloading of any of our Content, Services or Offerings, participation in our events or promotions, and more generally use any of our other products or services (collectively with the Content, Apps, and Site, the “Services”).
SECTION 1 - BEFORE YOU BEGIN
Star Power Fit recommends that you consult your physician regarding the applicability of any recommendations and follow all safety instructions before beginning any exercise program. When participating in any exercise program, there is the possibility of physical injury. If you engage in this exercise or any exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, and assume all risk of injury to yourself.
SECTION 2 - RISKS OF PRODUCT USE DISCLAIMER
This website’s content is not a substitute for direct, personal, professional medical care and diagnosis. None of the exercise programs, meal plans, or instruction should be performed or otherwise used without clearance from your physician or health care provider first. The information contained within 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 this website should be misconstrued to mean otherwise.
There may be risks associated with participating in activities mentioned on our site for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in any exercise programs, meal plans, coaching, or other services available from us if you are in poor health or have a pre-existing mental or physical condition. 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 physical and dietary activities. These risks may also exist for those who are currently in good health right now.
As with any exercise program you assume certain risks to your health and safety. Any type of exercise program can cause injuries, and our programs are no exception. It is possible that you may become injured doing the exercises in your program, especially if said exercises are done with poor form. Be aware that our programs (like any other exercise program) do involve a risk of injury. 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 exercise activities. These risks may also exist for those who are currently in good health right now.
We are not medical practitioners. Our advice, whether it be on our website, in our exercise programs, meal plans, and/or other materials provided, via email coaching, media, and/or on any forum or platform is not meant as a substitute for medical advice. You must consult your doctor before beginning any meal plan or exercise program without exception. You are using our plans, programs, workouts and coaching at your own risk and we are not responsible for any injuries or health problems you may experience or even death as a result of using our programs.
It is to be made clear that we are not responsible for any injuries or health problems you may experience or even death as a result of using any of our products or services.
SECTION 3 - GENERALLY EXPECTED RESULTS AND TESTIMONIAL DISCLAIMER
Although our products and services are intended to be fully implemented, sometimes they are not, which could result in a lack of progress/results for the user. If you implement the products and services from us correctly, noticeable progress and results are likely outcomes. However, it must be disclaimed that even when you fully implement our plans or any products and/or services from us, it is still possible you will not get the desired results or outcomes you may have expected. It is also possible you will not lose fat, gain muscle, improve flexibility, or achieve positive results of any kind.
All the transformations and testimonials are real. However, it must be disclaimed that these testimonials are not claimed to represent typical results with our meal plans and workout programs. They are meant to serve as a showcase of inspiration for what the most motivated and dedicated people can achieve by using our Services and following our personalized workout programs, meal plans, coaching, instruction, and/or guidance. Your results may vary and you may not get the same results compared to someone else when using our services due to differences in your individual exercise history, genetics, and personal effort, commitment, and consistency.
SECTION 4 - WHO MAY USE OUR SERVICES
Unless stated otherwise for a particular Service, children are not allowed to use the Services or access the Content. A child is a person under 18 years old. To the extent permitted under applicable law, Star Power Fit declines any responsibility regarding any activities conducted by a child with or without the permission of a parent. If you are a parent and you give your permission for your child to register for one of the services, you thereby agree to the terms relating to use of the services by your child.
SECTION 5 - LICENSE GRANT
Subject to these Terms and your compliance therewith, Star Power Fit grants to you a personal, nonexclusive, non-transferable, non-sublicensable, revocable, limited right and license to download, play, listen to, display, and use the Content solely for your permitted use within the Services (collectively, the “License”). “Content” means the audio and/or video recordings, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, or other materials that are generated, provided, or otherwise made available through the Services.
The rights granted to you under the License are subject to these Terms and your full compliance with the Terms, and you may only make use of the License if you comply with all applicable Terms. The Content is licensed, not sold, to you, and you hereby acknowledge that no title or ownership in the Content is being transferred or assigned to you and the Terms should not be construed as a sale of any rights in the Content. Star Power Fit retains all right, title, and interest to the Content, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio files, MP3 files, video files, audiovisual files, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. Star Power Fit has the right to remove some or all of the Content from the Sites or Apps at any time for any reason.
The Content is protected by U.S. copyright and trademark law and any other applicable intellectual property laws and treaties throughout the world. You acknowledge that all copyrights and other intellectual property rights in the Services are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws and all other applicable laws. All rights in product names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of our Content and Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to us or our licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.
The Content may not be copied, reproduced, altered, modified, or distributed in any manner or medium, in whole or in part, without prior written consent from Star Power Fit. All rights not expressly granted under this Agreement are reserved by Star Power Fit.
SECTION 6 - ACCOUNTS
In order to access or use some of the Services or access the Content, you may be required to first register with us. If you are under the age of eighteen (18), then you are not permitted to register as a user or submit personal information to us.
If you register for any feature that requires a password and/or username, then you agree that: (i) You will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access so that others may not access any password protected portion of the Service using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. We may reject the use of any password, username, or email address for any other reason at our sole discretion. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
SECTION 7 - USER COMMENTS AND FEEDBACK
We and our Services may offer various opportunities to interact and share your opinions and thoughts with us and others, or via various forums, social media pages, or via other community initiatives. However, please note that the opinions or views expressed, or statements made via posts, user comments, feedback, “wiki” entries, online chat, or via other features (collectively referred to herein as “User Comments”), do not reflect the opinions or views of Star Power Fit.
We do not review, edit or modify User Comments. However, we reserve the right to remove or modify any User Comments for any reason and at our sole discretion. By sharing User Comments and accepting the terms of this Agreement, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.
We may also, from time to time, publicly share or redistribute User Comments on our Site, in our Content, or through other media or social media channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license us to use your User Comments in connection with our Media and Services.
Similarly, if you provide us with any Feedback, you hereby grant us a non-exclusive, fully paid, royalty-free, worldwide, perpetual, irrevocable, sublicensable, transferable, and assignable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit any and all Feedback for any purposes, for all current and future methods and forms of exploitation. “Feedback” means suggestions, comments, ideas, and all other types of information that you provide, publish, or otherwise communicate directly or indirectly to us that relate to our Content and/or Services.
SECTION 8 - INTERNATIONAL USERS
Our Services are controlled and operated by us from within the United States of America, and are intended for use only by residents of the United States. We make no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or subscriptions offered for sale through the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export or re-export any content downloaded from the Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
SECTION 9 - PAYMENT AND REFUND POLICY
You agree that you will pay for all products and services you purchase through Star Power Fit, and that Star Power Fit may charge your payment method for any products, services, and any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account.
By subscribing to a Service or purchasing any products, content, or materials from Star Power Fit you confirm that you are at least 18 years of age, that all information you submit is true and correct (including all credit card information), and that you are the authorized holder of the credit card, ACH, or other approved payment method.
You are responsible for the timely payment of all fees and for providing Star Power Fit with a valid payment method for payment of all fees.
Prices for products and services offered by Star Power Fit may change at any time, and the products/services do not provide price protection/guarantee or refunds in the event of a price increase, reduction or promotional offering.
Star Power Fit does not offer exchanges, returns, or refunds of any kind on any items offered for sale on our website. All sales are final.
SECTION 10 - SUBSCRIPTION SERVICES AND PURCHASES
By subscribing to our Services, you agree to have your subscription automatically renew each month on your scheduled billing date. This will automatically renew your subscription for our Services, you will be charged every period, and you will continue to receive our Services for the time that you choose to remain a client/member. All Coaching subscriptions currently being offered are a month to month subscription, meaning you have the option to discontinue at any time, however subject to seven (7) days notice. If cancellation is submitted within seven (7) days of your upcoming billing cycle, you will be billed for the aforesaid upcoming month and cancellation shall become effective thereafter. If you opt to be charged for aforesaid month, you are agreeing to receive another month of Services.
We may change the price of a Service, introduce new plans, or remove plans from time to time. By continuing to use the Service, you indicate your acceptance of such price or plan change. If you do not agree with a price or plan change, do not continue to use the Service. Services may not be redeemed for cash, sold or transferred to another user.
Once you enter and submit your payment information, you expressly agree and authorize us and/or our third party payment processor to immediately charge your credit card, debit card, or other approved facility in an amount equal to the total purchase price. You also expressly authorize and agree that we and/or our third party payment processor are authorized to automatically charge your payment method for any one-time fees and/or Subscription Services. You acknowledge and agree that we do not need to obtain any additional authorization from you for any automatic and/or recurring payments.
Some Subscription Services may be offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties.
You may be able to purchase additional content, gift cards, offerings, merchandise, and other items offered through our Site and/or Services. Unless specifically allowed and authorized by our Refund Policy, all purchases, including without limitation of any content, gift cards, or other offerings, are final and we are not able to offer any refunds.
SECTION 11 - CANCELLING YOUR SUBSCRIPTION
If you choose to cancel a Subscription Service, you may suspend your Subscription at any time, however subject to seven (7) days notice. If cancellation request is submitted within seven (7) days of your upcoming billing cycle, you will be billed for the aforesaid upcoming month and cancellation shall become effective thereafter.
You can continue to use the features of your Subscription Service following cancellation until the end of your Subscription Period. You will not be charged for the Subscription Service again unless you reactivate.
In order to cancel your subscription, simply send an email with your full name and your cancellation request to:
memberservices@starpowerfit.com
You will receive a confirmation once processed.
Payments for Subscription Services are non-refundable and there are no refunds for partial Subscription Periods.
SECTION 12 - BOOKING & SESSION INFORMATION
All session times are based on Pacific Standard Time.
You may reschedule your Private Session up to twenty four (24) hours in advance aside from an emergency event.
If you confirm a time and do not show up, your session will be lost. No rescheduling or refunds will be given in the event of a no-show or late cancellation.
SECTION 13 - NO WARRANTIES
Star Power Fit shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, Stripe payment services, PayPal services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. Star Power Fit reserves the right to determine, at our sole discretion, whether we are responsible for any such malfunction or disruption.
SECTION 14 - LIMITATION OF LIABILITY
Your purchase and/or use of the services and content is at your own risk. We do not warrant that your ability to access the services or content will be timely, secure, uninterrupted or defect-free.
In no event will we nor our affiliates be liable for direct, indirect, incidental, special exemplary, or consequential damages, including but not limited to lost profits, loss of business, procurement of substitute goods or services, loss of use or loss of data, or business interruption, however caused and on any theory of liability, whether in contract, strict liability, or tort arising in any way out of purchase or use of the content or services. In no event will you be entitled to a refund or chargeback for the content or services.
You understand that your participation in any exercise program may be injurious to your health, and that you are knowingly and voluntarily using our Services and participating in a physical activity. Having such knowledge, you hereby acknowledge this release, and discharge Star Power Fit from all liability for accidental injury or illness which you may incur as a result of using our Services and participating in said physical activity. This release of liability includes, but is not limited to, any representatives, employees, subcontractors, agents, and affiliates of Star Power Fit. You hereby assume all risks connected therewith and consent to participate in said program, coaching, content, or any other materials provided by Star Power Fit.
SECTION 15 - NO ASSIGNMENT
You may not, without the prior written consent of Star Power Fit, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. We, however, may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
SECTION 16 - GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Los Angeles, California, and you agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts.
SECTION 17 - WAIVER
Failure of Star Power Fit to enforce at any time or for any period of time or for any period of time any provisions hereof shall not be construed to be a waiver of such provisions or our right to enforce each such provision and no waiver, if granted, shall be continuing. No waiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by Star Power Fit.
SECTION 18 - SEVERABILITY
If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforcable, or void, then the parties shall be relieved of all obligations arising under that provision, it being the intent that this Agreement will be deemed amended by modifying the provision to the extent necessary to make it legal and enforceable and achieves the same objective. If the remainder of this Agreement is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
SECTION 19 - ASSIGNMENT
Star Power Fit shall have the right to assign this Agreement and all or any part of our rights hereunder to any person, firm or corporation, and this Agreement shall be binding upon and inure to the benefit of our successors, licensees, and assigns. This Agreement the rights and obligations hereunder may not be assigned by you.
SECTION 20 - AMENDMENTS OF THIS AGREEMENT
We may issue an amended Agreement, Privacy Policy, or related agreements at any time in our sole discretion by posting the amended Agreement, Privacy Policy, or related agreement on our website or by providing you with digital access to amended versions of any of these documents. If any amendment to this Agreement, Privacy Policy, or related agreement is not acceptable to you, you may terminate this Agreement and must stop using our Services. Your continued use of the Services will demonstrate your acceptance of the amended Agreement, Privacy Policy, or related agreement.
SECTION 21 - ENTIRE AGREEMENT
This Agreement sets forth the entire agreement between you and us with respect to the subject matter hereof, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us to the extent that any such Agreement relates to the subject matter hereof.
You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.
You also understand and agree the content and any accompanying materials necessarily require physical exercise or activity. By voluntarily participating in this fitness program you assume all risk of injury. Without limiting the generality of the foregoing, you understand and acknowledge that there are risks of physical injury, or even death, associated with any physical activity, including the Star Power Fit exercise programs and that, in addition, certain medical conditions may be aggravated or made worse by physical activity (collectively, “Risks”). You assume any and all risk and danger incidental to the use of the services and any other materials offered by Star Power Fit, including but not limited to, the foregoing Risks and the way you perceive and utilize the information conveyed in the Star Power Fit materials.
You agree to consult with your physician, before commencing the exercise program shown in the Star Power Fit materials, and you agree not to participate in Star Power Fit programs with any medical condition, including, but not limited to, a history of heart disease, that poses a direct threat to the health or safety of yourself or others and that Star Power Fit shall not be liable for any injury resulting from or arising out of, participating in the Star Power Fit exercise program or from the Risks. You also understand that Star Power Fit encourages you to exercise and to choose healthy lifestyle habits to supplement the Star Power Fit exercise programs and coaching, and that you, not Star Power Fit, assume all risks and responsibilities for your own actions, safety, health, performance, well-being, and any complications or injuries which may arise when exercising, eating, or performing any activity on your own.
It is to be made clear that any information and/or any materials offered by Star Power Fit should not be considered medical advice nor should it be used as a substitute for medical advice and the expertise of a physician, physiotherapist or dietitian. Please consult your doctor for further medical questions.
Our Services may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available on such websites. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms Of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Under no circumstances and under no legal theory, tort, contract, strict, liability, or otherwise, shall Star Power Fit or any related companies be liable to you or any other person for any indirect, special, incidental, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, or damages resulting from the Content, Services or any parts thereof.
You also agree to indemnify and hold harmless Star Power Fit and its officers, employees, agents, representatives, affiliates, subcontractors, successors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of your actions, contents and communications related to our Services. Similarly, if you have a dispute with any third party relating to your use of our Services, you release Star Power Fit (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Star Power Fit reserves the right to limit your use of the site and/or the content or to terminate your account should we determine that you have violated these terms of use, or that you have violated any other rules or conditions of Star Power Fit.
Star Power Fit also reserves the right to refuse access to the site, and/or the content, products, and/or services of Star Power Fit to anyone at our sole discretion.
If you breach these Terms we may take action against you, including but not limited to terminating your Account and/or disabling your access to the Services. You acknowledge that we have no obligation to, and will not, reimburse or refund you for Services or other purchases and/or downloads lost due to involuntary suspension or termination of your Account.
These Terms of Use may be revised from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Service to which you are bound. Please review any modified Terms before you continue using the Services. If you continue to use the Services, you are bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services. By using any of our Services, you represent that you are at least 18 years old, and that all information you submit is correct.
SECTION 22 - CONTACT US
If you have any questions regarding the Terms of Service, please contact us via email at: business@starpowerfit.com.