Terms and Conditions Policy and Waiver (effective 7/31/20) Website owner, the offering, and binding of Terms (i) This website is owned and operated by MyFit/Living Life the ACG Way. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors Fitness, Health, and Wellness options. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. Website Usage and Requirements to Create and Account (ii) In order to use our website and/or receive our services, you must be at least 16 years of age (under age 16 will need parental permission), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. (iii) When buying an item, you agree that you: are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method. Return and refund policy (iv) For any undamaged or unused product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method (the exception to this is the Turmeric Supplements-these do not have to be returned, IF OPENED. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: monthly wellness boxes (with the exception of the essential oil within the wellness box-these oils may only be exchanged-no refunds). (v) We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason. Key commercial Terms (vi) When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. “The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method. Retention of right to change offering (vii) We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason. Warranties & responsibility for services and products (viii) When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us. Please refer to returns and refunds section of these Terms and Conditions to read eligible items for return. Ownership of intellectual property, copyrights and logos (ix) The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of MyFit/Living Life the ACG Way. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. Right to suspend or cancel user account (x) We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment Indemnification (xi) You agree to indemnify and hold MyFit/Living Life the ACG Way harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website. Limitation of liability (xii) To the maximum extent permitted by applicable law, in no event shall MyFit/Living Life the ACG Way, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. To the maximum extent permitted by applicable law, [website owner] assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein. WAIVER AND RELEASE OF ALL CLAIMS BY PARTICIPANT You hereby accept all risks associated with my participation in all services and fitness exercise programs being offered by MyFit/Living Life the ACG Way. In consideration of using the services of MyFit/Living Life the ACG Way, I release and forever discharge MyFit/Living Life the ACG Way, their employees, including trainers and any other officers, agents or volunteers, including host facility (“RELEASEES”) from any and all responsibilities or liability from injuries or damages to my person or personal property resulting from or connected with my participation in any of the fitness exercise programs being offered by RELEASEES whether arising from the active or passive negligence of RELEASEES or otherwise. 1. I acknowledge and fully understand that I will be engaging in exercise and training activities that potentially involve the risk of serious injury, permanent disability or death. Other possible risks may include social and economic losses which might result not only from the RELEASEES own actions, inactions or negligence, but the actions, inactions, or negligence of others, the condition of the private or public premises or any equipment. Further, that there may be other risks not known or not reasonably foreseeable at this time. I hereby assume full responsibility for all the foregoing risks, known or unknown, and accept responsibility for the damages following any injury, permanent disability, or death. 2. I further acknowledge and understand that MyFit/Living Life the ACG Way, its personal trainers and other employees are not licensed dieticians or physicians and although they are qualified to provide nutritional advice that any information or guidelines provided by MyFit/Living Life the ACG Way, its personal trainers or other employees carries no warranty of any kind, expressed or implied, including but not limited to, warranties regarding safety or suitability for a particular purpose. MyFit/Living Life the ACG Way may offer food to its Participants. We are not responsible for any resulting sickness or ailment from consuming these foods. The Participant fully acknowledges to understand and accept the risks associated with consuming raw or undercooked animal products. Therefore, by accepting these terms, you do not hold RELEASEES responsible for any injury, illness, allergic reaction, lack of results, or death while participating in any program from MyFit/Living Life the ACG Way. You completely acknowledge that you are simply receiving advice, and it is your choice to adhere to the provided advice. As such, we strongly advise you consult with your medical doctor before any significant dietary, fitness, or lifestyle adjustments. 3. MyFit/Living Life the ACG Way and its employees will implement the most effective principals to help the participant achieve his or her goals within their scope of practice, but cannot guarantee that its products or workouts will be safe, effective or suitable for everyone. For that reason, all such products and services are offered without warranties or guarantees of any kind, expressed or implied, and MyFit/Living Life the ACG Way and its employees disclaim any liability, loss, or damages that may result from their use. 4. I understand that a physician’s approval is highly recommended prior to participating in any fitness exercise program. I have signed the Agreement and Release of Liability form. 5. I have read this document in its entirety and agree to adhere to all its precepts, as well as all other terms and conditions of MyFit’s/Living Life the ACG Way exercise programs. I understand the risks and benefits of the programs and any questions I may have had have been answered to my satisfaction. Upon participation, I do hereby discharge, release and hold harmless MyFit/Living Life the ACG Way, their employees, including trainers and any other officers, agents or volunteers from any and all liability for damage claims or losses of any kind or character whatsoever resulting from any injury or condition I may suffer, or resulting from my participation in MyFit’s/Living Life the ACG Way, fitness exercise programs. This agreement shall be binding upon the undersigned, his/her heirs, executors, administrators and assigns. In signing this Waiver and Release of All Claims by Participant, I acknowledge and represent that I am 18 years of age or older and that I have read and understood the contents of this document. WAIVER AND RELEASE OF ALL CLAIMS BY PARTICIPANT for Minor As parent or guardian of a minor using this site and services, you hereby accept all risks associated with my participation in fitness exercise programs being offered by MyFit/Living Life the ACG Way,. In consideration of using the services of MyFit/Living Life the ACG Way,, I release and forever discharge MyFit/Living Life the ACG Way,, their employees, including trainers and any other officers, agents or volunteers, including host facility (“RELEASEES”) from any and all responsibilities or liability from injuries or damages to my person or personal property resulting from or connected with my participation in any of the fitness exercise programs being offered by RELEASEES whether arising from the active or passive negligence of RELEASEES or otherwise. 1. I acknowledge and fully understand that I will be engaging in exercise and training activities that potentially involve the risk of serious injury, permanent disability or death. Other possible risks may include social and economic losses which might result not only from the RELEASEES own actions, inactions or negligence, but the actions, inactions, or negligence of others, the condition of the private or public premises or any equipment. Further, that there may be other risks not known or not reasonably foreseeable at this time. I hereby assume full responsibility for all the foregoing risks, known or unknown, and accept responsibility for the damages following any injury, permanent disability ,or death. 2. I further acknowledge and understand that MyFit/Living Life the ACG Way,, its personal trainers and other employees are not licensed dietitians or physicians and that any information or guidelines provided by MyFit/Living Life the ACG Way,, its personal trainers or other employees carries no warranty of any kind, expressed or implied, including but not limited to, warranties regarding safety or suitability for a particular purpose. 3. MyFit/Living Life the ACG Way, and its employees will implement the most effective principals to help the participant achieve his or her goals within their scope of practice, but cannot guarantee that its products or workouts will be safe, effective or suitable for everyone. For that reason, all such products and services are offered without warranties or guarantees of any kind, expressed or implied, and MyFit/Living Life the ACG Way, and its employees disclaim any liability, loss, or damages that may result from their use. 4. I understand that a physician’s approval is highly recommended prior to participating in any fitness exercise program. I have signed the Agreement and Release of Liability form. 5. I have read this document in its entirety and agree to adhere to all its precepts, as well as all other terms and conditions of MyFit’s/Living Life the ACG Way, exercise programs. I understand the risks and benefits of the programs and any questions I may have had have been answered to my satisfaction. Upon participation, I do hereby discharge, release and hold harmless MyFit/Living Life the ACG Way,, their employees, including trainers and any other officers, agents or volunteers from any and all liability for damage claims or losses of any kind or character whatsoever resulting from any injury or condition I may suffer, or resulting from my participation in MyFit’s/Living Life the ACG Way, fitness exercise programs. This agreement shall be binding upon the undersigned, his/her heirs, executors, administrators and assigns. In signing this Waiver and Release of All Claims by Participant, I acknowledge and represent that I am parent/guardian to underage user and that I have read and understood the contents of this document. Right to change and modify Terms (xiii) We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service. Promotional emails and content (xiv)You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. Preference of law and dispute resolution (xv) These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of The United States/North Carolina, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in [Name of the city of the courts]. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded. Customer support details & contact info (xvi) Please contact tammy@livinglifetheacgway.com for support