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Terms Of Use

Terms of Use

Introduction
These Terms of Use govern your use of the battlemom.com website (the “Website), any classes booked through the Website or offered by Battle Mom™ (“Classes”), and any subscriptions, media, merchandise, or other services offered by Battle Mom™ (collectively, the “Services”) that are not subject to a separate agreement between you and Battle Mom™. These Terms of Use (and any waivers, releases, or indemnities) form a binding agreement between you and Battlemom™ LLC (“Battle Mom”).

1. User Eligibility.
The Website is provided by Battle Mom™ and is available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Website, Classes, or Services.

2. Modifications.
Battle Mom™ may revise and update these Terms of Use at any time. Your continued usage of the Website, Classes, or Services after any changes to these Terms of Use will mean you accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of Battle Mom™.

3. Communications with Battle Mom™.

Battle Mom™ may contact you by email, telephone or otherwise, in order to send you Website, Class, or Service-related, and other communications or notices. If you do not want to receive these communications from us, you may opt-out by following the opt-out and/or unsubscribe instructions in the email message (if included) or by requesting to be opted-out of further communications by emailing [email protected]

4. Video-Conference Classes.

Battle Mom™ uses video-conferencing services and platforms provided by third-parties to provide the Classes and Services. While Battle Mom™ only uses industry standard video-conferencing services for its Classes and Services, Battle Mom™ makes no representations or warranties as to the security or privacy of any such video-conferencing platform. You agree that Battle Mom™ has no liability for, and that the indemnification in Section 11 applies to, any problems or damages that may arise from the use of any video-conferencing services or platforms.

5. Payment Terms.

Prices for Classes and Services are disclosed on the Website, subject to any discounts or promotions that Battle Mom™ may offer in its sole discretion. Battle Mom™ may revise prices for Classes and Services from time to time, and such revisions will be displayed on the Website or at checkout for any purchase.

Individual Classes: Fees for individual Classes are determined and charged at the time of sign-up. Refunds are not available for individual Classes. However, you may cancel and reschedule an individual class at any time prior to 24 hours before the Class is scheduled to occur.

Group Classes: Fees for group Classes are determined and charged at the time of sign-up. Fees for group Classes are charged to one account and are paid by the account making the booking on behalf of the group. Refunds are not  available for group Classes. However, you may cancel and reschedule a group Class at any time prior to 48 hours before the Class is scheduled to occur. Only the account holder that originally placed the group booking may cancel and reschedule a group Class.

Subscriptions: Subscriptions are charged on a monthly basis, starting at your date of sign-up. You may cancel your subscription at any time, and you will continue to have access to your subscription features until your current paid billing period ends. There are no refunds for months already paid and no prorations will be offered for cancellations.

Merchandise:Merchandise must be paid for in full at the time of order. All items purchased through the Website may be subject to any additional terms imposed at checkout or by the carrier delivering the shipment. Title and risk of loss for all products ordered by you shall pass to you on our shipment to the shipping carrier. We reserve the right to ship partial orders. All sales are final, Battle Mom™ does not accept returns of merchandise.

6. Accounts.

If you sign-up for and/or create an account with Battle Mom™, you agree that you are solely responsible for the activity that occurs on your account. You agree that as the account holder you are the only person authorized to access and use the account, and that you will implement and maintain reasonable practices and procedures necessary to restrict unauthorized access and use of the account. You agree that you will implement reasonable security procedures including maintaining strong passwords, exercising caution in public places, and not providing access to the account to any unauthorized persons. You agree that Battle Mom™ has no liability for, and that the indemnification in Section 11 applies to, any unauthorized access that results from your violation of these terms or your failure to implement and maintain reasonable practices and procedures to prevent such unauthorized access.

7. Information, News, and Press Releases.
The Website contains information, news, and/or press releases about Battle Mom™, its Classes, its Services, fitness and fitness products. While this information was believed to be accurate as of the date it was prepared, Battle Mom™ disclaims any representation or warranty as to the reliability, accuracy, completeness or timeliness of this information and any duty or obligation to update this information. 

8. No Medical or Professional Advice.The information included on the Website, Classes, and Services is intended as a general information resource in regard to the subject matter covered but is provided solely on an “AS IS” and “AS AVAILABLE” basis. In addition, you should bear in mind that not all advice, instructions, training, or strategies are suitable for all individuals. Battle Mom is not engaged in rendering medical, nutritional, or similar professional services or advice. If you desire or need such services or advice, you should consult a competent professional. 

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING ANY EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU HAVE ANY PREEXISTING CONDITIONS, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. 

9. No Warranties.
THE WEBSITE, CLASSES, AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BATTLE MOM™ MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE, CLASSES, OR SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE, CLASSES, OR SERVICES AND THE CONTENT AVAILABLE THEREIN IS AT YOUR SOLE RISK. BATTLE MOM™ MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE, CLASSES, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE, CLASSES, OR SERVICES IS FREE OF VIRUSES.

10. Limitation of Liability.
BATTLE MOM™ SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, CLASSES, OR SERVICES, EVEN IF BATTLE MOM™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, CLASSES, OR SERVICES, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, CLASSES, OR SERVICES, OR RELATED INFORMATION OR PROGRAMS.

11. Indemnification.
You agree to indemnify, defend, and hold  harmless Battle Mom™, its directors, officers, employees, consultants, agents, and other representatives, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use; (b) any allegation that any materials you submit to us infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and (c) your activities in connection with the Website, Classes, or Services.

12. Trademarks.
Battle Mom™ is a proprietary trademark or service mark of Battle Mom™. Unauthorized use of any Battle Mom™ trademark, service mark or logo may be a violation of federal and state trademark laws.

13. License and Ownership.
Any and all intellectual property rights (“Intellectual Property”) associated with the Website, Classes, and Services and its contents (the “Content”) including, without limitation, text, video, graphics, logos, images, digital downloads, software, and instructional materials and curricula, are the sole property of Battle Mom™, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons and other items that appear on the Website, Classes, and Services are trademarks, service marks or trade dress (“Marks”) of Battle Mom™, its affiliates or other entities that have granted Battle Mom™ the right and license to use such Marks and may not be used in any manner without the express written consent of Battle Mom™. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit or distribute the Intellectual Property of the Website, Classes, or Services in any way without the Battle Mom’s™ or the appropriate third party’s prior written permission. Except as expressly provided herein, Battle Mom™ does not grant to you any express or implied rights to Battle Mom’s™ or any third party’s Intellectual Property. Battle Mom™ grants you a limited, personal, nontransferable, nonsublicensable, revocable license to access and use the Website, Content and Services only in the manner presented by Battle Mom™. Except for this limited license, Battle Mom™ does not convey any interest in or to the Content, Services, Website or any other Battle Mom™ property by permitting you to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Battle Mom™. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Battle Mom™.

14. Security.
You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure, and we cannot guarantee that any information you submit to us will be free from unauthorized third-party intrusion. You understand and agree that all information you submit to Battle Mom™ is done so at your own risk.

15. Restrictions on Use of the Website.
In addition to other restrictions set forth in these Terms of Use, you agree that:
(a) You shall not disguise the origin of information transmitted through the Website or Services.
(b) You will not place false or misleading information on the Website.
(c) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Battle Mom™.
(d) You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Content, or that infringes the Intellectual Property rights of another.
(e) You may not use or access the Website or Services in any way that, in Battle Mom’s™ judgment, adversely affects the performance or function of the Services or the Website or interferes with the ability of authorized parties to access the Services or the Website.
(f) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Website without the express written consent of Battle Mom™.

16. Links.
The Website may contain links to third-party websites and resources (collectively, “Linked Sites”).  These Linked Sites are provided solely as a convenience to you and not as an endorsement by Battle Mom™ of the content on such Linked Sites.  Battle Mom™ makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site.  Battle Mom™ is not responsible for the availability of the Linked Sites or the content or activities of such sites.  If you decide to access Linked Sites, you do so at your own risk.  In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to the Linked Site’s privacy policy.

17. Termination.
You agree that Battle Mom™, in its sole discretion, may terminate or suspend your use of the Website, Classes, or Services at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. If Battle Mom™ terminates your use of the Website, Classes, or Services, it may, in its sole discretion, refund fees for any unused Classes. Subscription fees will not be refunded.

18. Compliance with Law.
You agree to use the Website and Services in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Battle Mom™, negatively reflect on the goodwill or reputation of Battle Mom™ and shall take no actions which would cause Battle Mom™ to be in violation of any laws, rulings or regulations applicable to Battle Mom™.

19. Arbitration.Any dispute between you and Battle Mom™, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration in accordance with the rules of the American Arbitration Association by a single arbitrator appointed in accordance with said rules. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Battle Mom™ will provide such notice by e-mail to your e-mail address on file with Battle Mom™ and you must provide such notice by e-mail to [email protected]

During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Battle Mom™ and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Battle Mom™ nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration).

20. Governing Law and Language.To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of Colorado, excluding any conflicts of laws principals.

21. General.
You may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

22. Written Document.
You may preserve these Terms of Use in written form by printing them for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document.

23. Complete Agreement.
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, WAIVER, RELEASE, INDEMNITY, OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND BATTLE MOM™, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND BATTLE MOM™ WITH RESPECT TO THE USE OF THE WEBSITE, CLASSES AND SERVICES, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.

24. Affiliate Links.

The Website may include reviews of products and/or links to purchase products from third-party merchants. Battle Mom™ may receive a small commission if you use one of these links to purchase a product. Battle Mom™ is not otherwise associated with any such third-party merchants and makes no representations or warranties concerning such merchants’ websites or any purchases made therein.

25. Copyright Policy.
If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Battle Mom™ by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) 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 Battle Mom™, or its third party service providers, to locate the material;
(d) Information reasonably sufficient to permit Battle Mom™, or its third party service providers, to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
(e) A statement that the complaining party has 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
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Agent:

Rachel Mahloch
2845 5th Street
Boulder, CO 80304
303 720-378-7287
[email protected]

Only copyright complaints should be sent to the Copyright Agent identified above. No other communications will be accepted or responded to.

Last Updated May 1, 2020

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