California Bodyworks LLC

Effective Date: September 26th, 2023

These Terms of Service ("Terms") govern your access to and use of the services, including any content, functionality, products, and information offered on or through our website and mobile application (the "Service") provided by California Bodyworks LLC ("us", "we", or "our").

Please read these Terms carefully before you start using the Service. By using the Service, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Service.

Services

We provide coaching, training, and educational services related to health, wellness, fitness, nutrition, and lifestyle to help users achieve their goals. The specific services available may change from time to time at our sole discretion.

Account Registration

You may browse some areas of the Service without registering for an account, but access to certain features or services will require you to register and setup an account. When you register, you agree to provide accurate and complete information about yourself, and to promptly update your information if it changes. Each user may only register and maintain one account.

Fees and Billing

Use of the Service may require payment of fees. All fees are listed on the Service and you agree to pay such fees. We reserve the right to change our fees at any time, and will provide notice of any fee changes through the Service or other means. We may offer subscriptions with differing lengths, discounts, promotions, and other benefits, which will be described on the Service.

Your subscription will continue indefinitely until cancelled or terminated as described in these Terms. To use certain subscription features you may be asked to supply certain billing information, which may include accepting recurring charges, as described when you register for that feature. By registering for recurring billing, you authorize us to charge you the applicable recurring subscription fees until the subscription is cancelled or terminated.

We use third party payment processors to bill you through your chosen payment method. We do not directly process payments or store full payment card details. Payment processing services are subject to the terms and conditions and privacy policies of the payment processors, in addition to these Terms. We are not responsible for errors made by the payment processors.

Canceling and Refunds

You may cancel your subscription at any time through the Service. When you cancel, you will continue to have access to the Service for the remainder of the billing period already paid for. We do not provide refunds for any partial subscription periods or unexpired prepaid subscription fees.

Certain features offered through the Service may be subject to different cancellation and refund terms, which will be disclosed at signup or when you register for those features.

Termination

You may terminate your account and stop using the Service at any time by providing 30 days written notice. We may terminate your account and access to the Service at any time for any reason, including for violation of these Terms.

Upon termination, you will immediately stop using the Service. We will use reasonable efforts to provide you with a copy of your data within 30 days of termination if requested, subject to applicable law and regulations. However, certain data may continue to be retained by us thereafter for legal compliance purposes.

Termination of your account includes removal of access to all offerings within the Service, deletion of information and files you hold on the Service, and barring of further use of the Service. Termination does not entitle you to any refunds for fees paid. Any suspension or termination will not affect your obligations to us under these Terms.

Service Use Restrictions

You agree you will not misuse the Service or help anyone else to do so. For example, you will not:

● Share your account or password, or allow others to use your account.

● Post content that infringes the intellectual property or other rights of others.

● Post harmful, offensive, or inappropriate content.

● Distribute spam, phishing, or other unwanted messages.

● Harvest information about or attempt to contact other users for promotional purposes.

● Attempt to circumvent security, rate limits, filtering, or access controls.

● Use the Service for any illegal purpose or in violation of applicable laws.

● Attempt to interfere with the proper functioning of the Service.

● Engage in screen scraping, crawling, or systematic retrieval of data or content.

● Override any instructions we place on the Service to prevent access, restrict use, or copy content.

Rights We Grant You

We grant you a limited, revocable, non-exclusive, non-transferable license to access the Service and use the features and functionalities as provided to general users. You may download and print informational content from the Service solely for your personal and non-commercial purposes. Any other use of the Service not explicitly permitted herein is prohibited.

All other rights are expressly reserved by us and our licensors, including that we may terminate or restrict your access or usage at any time, for any reason, without notice or liability to you.

User Content

You are responsible for any material you post, upload, or otherwise make available on the Service ("User Content"). You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, or obscene User Content. We may review and remove any User Content at our discretion.

You retain ownership over your User Content. However, by sharing User Content via the Service, you grant us a perpetual, worldwide, non-exclusive, royalty-free, fully sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works based upon, display, perform and otherwise fully utilize the User Content in connection with operating and providing the Service.

Feedback

We appreciate hearing from users about how we can improve the Service, but ask that you do not submit creative ideas or suggestions, as this creates issues surrounding ownership and rights ("Feedback"). If you do send us Feedback, you acknowledge that the Feedback is given voluntarily. We are free to use Feedback without payment, restriction, or attribution, even if the Feedback is designated as confidential.

Links to Third Party Content

The Service may contain links to content maintained by third parties that we do not operate or control. We provide these links only as a convenience, and the inclusion of a link does not imply endorsement of the linked content or any association with its providers. Your access and use of third party content is at your own risk.

Intellectual Property Rights

All rights, titles, and interests in the Service are and will remain the exclusive property of us and our licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You have no right to use the trademarks, logos, domain names, other distinctive marks, or other content on the Service without our express permission and except as allowed by these Terms.

Disclaimer of Warranties

Your use of the Service is entirely at your own risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR VIRUS FREE. NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, CUSTOMERS, OPPORTUNITIES, DATA, REPUTATION OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR ACCESS OR INABILITY TO ACCESS THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE EXCEED THE GREATER OF $100 OR THE FEES ACTUALLY PAID BY AND THROUGH YOU TO ACCESS THE SERVICE IN THE PRIOR SIX MONTHS.

THE LIMITATIONS SHALL APPLY REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF A LIMITED REMEDY FAILS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Indemnification

You will indemnify, defend, and hold harmless us and our officers, directors, agents, partners, employees, consultants, subsidiaries, and affiliates from any claims, costs, losses, damages, liabilities, judgments, fees, and expenses (including reasonable fees of attorneys and other professionals) relating to or arising from your use of the Service, failure to comply with these Terms, or violation of any rights of any third party or other applicable laws, rules, or regulations. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defense of such matter.

Privacy Policy

Our Privacy Policy is incorporated into these Terms by reference. You agree that by using our Service you consent to the collection, use, and disclosure of your personal information as set forth in our Privacy Policy (https://californiabodyworkscenter.com/privacy-policy). Please review our full Privacy Policy before using the Service.

Governing Law

These Terms and your access to and use of the Service will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Sacramento, CA, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving similar disputes and appointed in accordance with such rules. The parties shall split the cost of the arbitration filing and hearing fees, and the arbitrator shall have the power to apportion the balance of such costs between the parties in an equitable manner. Judgment upon any resulting arbitration award may be entered in a court of competent jurisdiction, or application may be made to such court for a judicial recognition of the award or orders of enforcement thereof, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in Sacramento, CA. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.

Integration and Severability

These Terms constitute the entire agreement between you and us regarding their subject matter and supersede all prior communications. If any provision of these Terms is found illegal or unenforceable, that provision will be severed, while the remainder of the Terms will remain in full force and effect.

Modifications

No joint venture, agency, partnership, trust, employee relationship or other relationship is created by these Terms. We reserve the right to modify these Terms at any time. If we do so, we will post the updated Terms on the Service and indicate the effective date. Your continued use of the Service after the effective date will confirm your acceptance of the modifications. If you do not agree to the modified Terms, you must stop using the Service.

Contact Us

Please contact us with any questions regarding these Terms through the Service or at: support@californiabodyworkscenter.com, +1 (916) 848-7331