Terms and Conditions

Last updated: November 09, 2020

1 Agreement between User and wllpower.com

Welcome to wllpower.com. The wllpower.com website (the “Website”) is operated by wllpower llc ("wllpower", “Company”, “We”, “Us”, “Our”). It sets forth the conditions of use of the Website and is a legally binding agreement between You, personally, and any entity on whose behalf You are using the Website (collectively "You" and/or "Your") and Us. Your use of wllpower.com constitutes Your agreement to all such Terms (the "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. We reserve the right to change the Terms at any time without notice by posting changes to the Website. Please read these terms carefully and keep a copy of them for Your reference. If You do not agree to the terms and conditions of this agreement, You should immediately cease all usage of the Website. You represent that You are over the age of 18. The Company does not permit those under 18 to use the Website.

All captions herein are for convenience or reference only and do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect any of the provisions hereof. For and in consideration of the foregoing premises and for the express contention of carrying out the purposes of a personalized training program, the parties do hereby agree as follows:

2 Privacy

Your use of wllpower.com is subject to Our Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

3 Purchases of Products and Services

By placing an order with Us via this Website for personal training or nutritional coaching (“Services”) or related products (“Products”) offered on this Website, You warrant that You are at least 18 years old, and accept these terms & conditions, which shall apply to all orders placed. None of these terms & conditions affect Your statutory rights. wllpower (or Our third-party payment processor) shall authorize Your credit card, bank account, or other approved payment facility You provided during the registration process for the full payment of the fees and any applicable taxes, and You hereby consent to the same. In case You choose another payment method like cash or check, the full amount of the package purchased is due before the start of the first training or nutritional coaching session.

You must provide current, complete, and accurate billing and credit or debit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep Your account current, complete, and accurate, and You must promptly contact Us if Your credit card is lost or stolen, or if You become aware of a potential breach of account security (such as an unauthorized disclosure or use of Your sign-in name or password).

You hereby authorize wllpower to obtain or determine updated or replacement expiration dates for Your credit card in the event that the credit card You provided Us expires. We reserve the right to charge any renewal card issued to You to the same extent as the expired card. If payment is not received from Your credit card issuer, You hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of Your credit card may charge You a foreign transaction fee or related charges, which You will be responsible to pay. You are advised to check with Your bank and credit card issuer for details.

All credit/debit card transactions conducted through wllpower llc are handled by a dedicated third party to ensure Your information is secure. We have chosen Stripe as Our preferred payment provider. Please read the terms & conditions for Stripe, as they are responsible for the transactions made.

We reserve the right to refuse any order You place with Us. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors.

4 Indemnification

You agree to indemnify, defend and hold harmless wllpower llc, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of Your use of or inability to use the Website or services, any user postings made by You, Your violation of any terms of this agreement or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. wllpower llc reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Us in asserting any available defenses.

5 User comments, feedback and other submissions

If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that Your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Us or third- parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.

6 Website Modifications and Interruptions

We reserve the right to stop providing the Website with or without notice to You. We shall not be liable to You or any third party should We exercise its right to stop providing the Website. You acknowledge and accept that wllpower does not guarantee continuous, uninterrupted, or secure access or use of the Website and operation of the Website and may be interfered with or adversely affected by numerous factors or circumstances outside of Our control.

7 Accuracy, completeness and timeliness of information

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at Your own risk.

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of this Website at any time, but We have no obligation to update any information on Our Website. You agree that it is Your responsibility to monitor changes to Our Website.

8 Optional Tools and Third-Party Links and Services

We may provide You with access to third-party tools over which We neither monitor nor have any control nor input. You acknowledge and agree that We provide access to such tools ”as-is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools. Any use by You of optional tools offered through the Website is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

Our Website may contain links to third-party web sites or services that are not owned or controlled by the Us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that wllpower 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 such content, goods or services available on or through any such web sites or services.

Certain services made available via wllpower.com are delivered by third-party sites and organizations. By using any product, service or functionality originating from the wllpower.com domain, You hereby acknowledge and consent that wllpower llc may share such information and data with any third party with whom wllpower llc has a contractual relationship to provide the requested product, service or functionality on behalf of wllpower.com users and customers.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

9 Products or Services (if applicable)

Certain products (“Products”) or services (“Services”) may be available for purchase online through the Website. These Products or Services may have limited quantities and are subject to return or exchange only according to Our Refund Policy. We have made every effort to display as accurately as possible the colors and images of Our Products that appear at the Website. We cannot guarantee that Your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of Our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that We offer. All descriptions of Products or product pricing are subject to change at anytime without notice, at Our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited. We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Service will be corrected.

10 Electronic Communications

Visiting wllpower.com or sending emails to wllpower llc constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

11 Your Account and Permitted Use of the Website

If You use this Website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that wllpower llc is not responsible for third party access to Your account that results from theft or misappropriation of Your account. wllpower llc and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in Our sole discretion.

The Website may be used by, and membership or participation in any online accounts, is limited to individuals who can form legally binding contracts under applicable law. Subject to the terms and conditions mentioned herein, You are granted a limited, non-exclusive, non-transferable, revocable license to access and use wllpower.com strictly in accordance with these terms of use.

As a condition of Your use of the Website, You warrant to Us that You will not use the Website for any purpose that violates applicable state, federal, or international laws, regulations, other government requirements, or prohibited by these Terms. You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation.

You agree not to upload, post, email, transmit, or otherwise make available any content that (i) is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech, (ii) discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information, or (iii) is intended to “stalk”, threaten or otherwise harass another person.

12 Copyright Policy

We respect the intellectual property rights of others and expect users of the Website to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If You believe that your content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act:

• a physical or electronic signature of the copyright owner or a person authorized to act on their behalf,
• identification of the copyrighted work claimed to have been infringed,
• 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 us to locate the material,
• your contact information, including your address, telephone number, and an email address,
• a statement by you 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
• 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 copyright owner.

13 Trademarks and Proprietary Rights

Our name and logo are trademarks of wllpower, llc, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are Our service marks, trademarks, and trade dress, and may not be copied, imitated, or used, in whole or in part, without Our prior written permission.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. wllpower llc content is not for resale. You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use, and will make no other use of the content without Our express written permission. We do not grant You any licenses, express or implied, to the intellectual property of wllpower llc or Our licensors except as expressly authorized by these Terms.

14 International Users

The Service is controlled, operated and administered by wllpower llc from Our offices within the USA. If You access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the wllpower llc content accessed through wllpower.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

15 Termination

wllpower llc reserves the right, in its sole discretion, to terminate Your access to the Website, your account and the related services or any portion thereof at any time, without notice or liability. Upon termination, Your right to use the Service will cease immediately. Upon termination of your access to or ability to use the Website, your right to use or access the Website will immediately cease. This agreement's provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Website shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to Us or any third party.

16 Health Disclaimer

ANY AND ALL INFORMATION CONTAINED ON THIS WEBSITE IS NOT INTENDED TO TAKE THE PLACE OF MEDICAL ADVICE FROM A HEALTH CARE PROFESSIONAL. EXERCISE, DIET AND HEALTH RELATED MATTERS VARY FROM PERSON TO PERSON. NOTHING ON THIS WEBSITE SHALL BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ANY ACTION WHATSOEVER WHICH IS TAKEN BASED ON THE CONTENTS OF THIS WEBSITE OR ANY OF ITS RELATED SITES, MATERIALS, PRODUCTS OR INFORMATION IS TO BE USED SOLELY AT YOUR OWN DISCRETION, RISK AND LIABILITY. YOU SHOULD ALWAYS CONSULT THE APPROPRIATE HEALTH PROFESSIONALS ON ANY MATTER THAT IS RELATED TO YOUR HEALTH AND WELL BEING BEFORE PROCEEDING WITH ANY ACTION PERTAINING TO HEALTH RELATED ISSUES. WHILE THE INFORMATION PROVIDED ON THIS WEBSITE IS BELIEVED TO BE ACCURATE, THIS WEBSITE ASSUMES NO LIABILITY FOR THE USE OR MISUSE OF INFORMATION AND PRODUCTS ON THIS WEBSITE.

NEITHER THIS WEBSITE NOR ITS AFFILIATES, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS, SHALL BE RESPONSIBLE IF YOU FAIL TO CONSULT THE APPROPRIATE HEALTH AUTHORITIES WITH RESPECT TO YOUR HEALTH CARE BEFORE ACTING ON OR USING ANY INFORMATION OR PRODUCTS FOUND ON THIS WEBSITE, NOR WILL THEY BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR THE USE OR MISUSE OF, THE INFORMATION ON THIS WEBSITE.

17 Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall We or Our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if the We or our suppliers have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

18 Disclaimer

The Website is provided "as is," without any warranties of any kind. To the fullest extent permissible under applicable law, the Company disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.

19 Governing Law

To the maximum extent permitted by law, this Agreement shall be governed and construed in accordance with by the laws of the State of North Carolina. You agree that this Agreement is made in the State of North Carolina. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and wllpower llc as a result of this agreement or use of the Website. wllpower llc's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of wllpower llc's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Website or information provided to or gathered by wllpower llc with respect to such use.

20 Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Us.

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. This arbitration provision shall survive the termination of these Terms and Conditions.

20.1 Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and wllpower llc agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

21 Contact Us

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You have any questions about these Terms and Conditions, You can contact Us by sending an email to: [email protected]