IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE AND TERMS & CONDITIONS BEFORE ACCESSING, USING, SUBSCRIBING OR PLACING AN ORDER IN OUR SITE / APPS. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS. The use of Site and Apps (hereafter “site” and “apps”), which is owned and maintained by Individual Coaches. I , Batrice Boon Cheng Hoon am governed by the policies, terms, and conditions set forth below. Please read them carefully. I offer the site, including all information, tools, and services available from the site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, subscribing, or placing an order over the site, you agree to the terms set forth herein. If you do not agree to these terms and conditions entirely, you are not authorized to use the site in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS OF USE AND TERMS & CONDITIONS OF SALE (“TERMS”) TOGETHER WITH OUR PRIVACY POLICY AND RETURN / EXCHANGE POLICY FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU” OR “CUSTOMER”) AND BATRICE BOON CHENG HOON AND SHOULD BE READ CAREFULLY. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES PROVIDED BY ME, ANY ORDER YOU PLACE THROUGH THE SITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE SITE.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 18 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.I reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Any new features or tools which are added to the current site shall also be subject to the Terms.
Table of Contents:
1. Site Use
2. Site User Conduct and Restrictions
3. Our Privacy Policy and Your Personal Information
4. Information You Provide; Registration; and Passwords
5. Order Placement and Acceptance; Method of Payment
6. MEMBERSHIP TERMS AND AUTOMATIC PAYMENT
7. Shipping Fees
8. Products and Prices Available on the site
9. Trainer’s Obligations and Your Obligations/YOUR INDIVIDUAL RESULTS WILL VARY
10. Independent Affiliate Program
11. Testimonials, Reviews, and Pictures/Videos
12. NO MEDICAL DIAGNOSIS OR TREATMENT
13. FOOD ALLERGY DISCLAIMER
14. DISCLAIMERS OF WARRANTIES
15. LIMITATIONS OF LIABILITIES
16. Indemnification
17. Notice and Takedown Procedures; Copyright Agent
18. Third-Party Links
19. Termination
20. No Waiver
21. Force Majeure
22. Assignment
23. Electronic Signature
24. Changes to the Agreement
25. Your Additional Representations and Warranties
26. Severability
27. Entire Agreemen t
28. Contacting Us
29. Resemblance
SECTION 1 – SITE USE
The site is intended for adults only. In order to use the site, you must be 18 years of age or the legal age of majority in your state or province of primary residence, whichever is greater, and also have the legal capacity to enter into a contract with us. The site is not intended for children and no person under the age of 18 may use the site. If you use the site, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – SITE USER CONDUCT AND RESTRICTIONS
All aspects of our site are protected by international copyright, trademark, and other intellectual property laws, including all design elements, text material, logos, taglines, metatags, hashtags, photographic images, personal stories. No material on or provided through the site may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The trademark and logo are proprietary marks of individual , and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by me. Notwithstanding the foregoing, you may print off information about your purchases for your personal use only. Commercial use of such information is strictly prohibited.
Subject to your continued strict compliance with all Terms, I provide to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the site. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that: (1) the site contains copyrighted material, trademarks, and other proprietary information including text, software, photos, video, graphics, music and sound, and that the entire contents of the site are copyrighted as a collective work under the Malaysia copyright laws; (2) I am the exclusive owner of the copyright and all other intellectual property rights in the entire site; (3) I own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it; (4) Each third party content provider owns the copyright in content original to it; (5) You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the site or any portion of it; (6) Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the site without the express written permission of me and, if applicable, the copyright owner; and (7) In the event of any permitted copying, redistribution or publication of material from the site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You further acknowledge and agree that you do not acquire any ownership rights by downloading or copying copyrighted material or any other material protected by intellectual property laws. All trademarks appearing on the site are the exclusive property of their respective owners, including, in some instances, NOVUS, and/or affiliated companies.
You agree not to use or attempt to use the site in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the site including, but not limited to: (1) hacking and other digital or physical attacks on the site; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the site and online store is governed by our Privacy Policy. I reserves the right to modify its Privacy Policy in its reasonable discretion from time-to-time. Our privacy policy is incorporated into this Agreement by reference.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; USER NAMES AND PASSWORDS
As a site and app user, you may be required to create an account with me. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to, me under your user account. You agree to immediately notify me of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that I am not liable, and you will hold me harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 20 below for additional information.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE; METHOD OF PAYMENT
You agree that any products or services that you purchase from us and/or our site will be used for your personal, non-commercial use. You agree that you will not resell, re-distribute, or export any product that you order from the site.
If you are enrolling in our membership program or ordering a product, payment must be received by me before your enrollment or order is accepted, unless you are participating in a trial offer program (see Section 6 below). We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us as soon as possible by if to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, your payment will be refunded to your bank account information ( which we will request from you).
Your order is conditioned on you accepting this Agreement. Once we receive your authorized order and a verified form of payment has been received, we will promptly place your order in line for shipment or delivery. All items are subject to availability.
We will notify you if any item is not available, and may offer you an alternative product. I do not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on their site. If we discover that you are placing orders with the intent to resell items offered on the site, we will immediately cancel your order, suspend or terminate your account, and, at our option, pursue any and all available legal remedies under applicable law. To the extent your conduct may be fraudulent, such as attempting to purchase or purchasing products through the use of fake or stolen cards, I will report you to local enforcement authorities and take any additional legal action deemed appropriate.
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
SECTION 6 – MEMBERSHIP TERMS AND AUTOMATIC PAYMENT
A member (“Member”) is responsible for paying all sums due to me in connection with their membership (“Membership”) in accordance with these Terms. The first Membership fee payable in accordance with these Terms is due when the Membership account is set up and payment of the Membership subscription fee is a condition of Membership. Every calendar month (or calendar year depending on the type of Membership applied for), your Membership account will be charged the subscription fee for the following month’s (or year’s) subscription, together with any other fees for the following month’s (or year’s) subscription (for example, proposed additional personal training costs) plus any accumulated charges for the past period (for example, for additional personal training costs incurred in the previous calendar month) (collectively, “Fees”). Failure by the Member to use any of the services available for a Member through its subscription to me does not relieve the Member of his/her payment obligations under these Terms.
Potential registrants and/or Members can pay by credit card. Payment details, together with details of the subscription package applied for, shall be collected by us through our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Member’s financial data (as well as subscription package data) to our online payment system for processing. You acknowledge that we hold data regarding the subscription package that is being signed up for by the Member, including the last four digits and the expiration date of the card used to purchase the subscription package together with details on when payment of Fees are due. The Member further acknowledges and agrees that by sending a request for a specific subscription package, that payments for Fees are due on a recurring basis in accordance with that specific subscription package (unless the subscription is cancelled in accordance with these Terms) and therefore authorizes the automatic payment collection terms applicable to that specific subscription package (e.g. on a monthly basis and for a specific amount).
IF YOU ARE ENROLLED IN THE NOVUS BRAIN TRAINER MEMBERSHIP PROGRAM , YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER, WITH YOUR CONSENT , EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY DEPENDING ON YOUR MEMBERSHIP) AND WILL BE BILLED BY TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT IN THE POCKET PERSONAL TRAINER MEMBERSHIP PLAN .
IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE MEMBERSHIP PLAN, YOU MAY DO SO AT ANY TIME BY INFORMING ME . IF YOU DO NOT WANT TO CONTINUE YOUR NOVUS BRAIN TRAINER MEMBERSHIP, YOU MAY CANCEL IT BY INFORMING ME. Submissions of the cancellation form provided must be completed by at least 72 hours before your renewal date to avoid any unwanted charges. For monthly Membership subscriptions, we require at least forty-eight (72) hours notice of cancellation.
ALL credit card transactions shall be processed via our site. I and my Coaching Platform NOVUS, shall not be held responsible for the security of, or the misuse of, credit card or other personal information. I reserves the right to immediately terminate a Member’s account and/or service for any unpaid (in whole or part) period of Membership subscription (with or without notice). Termination of service in no way relieves or excuses the Member from any obligation to pay outstanding charges or expenses.
SECTION 7 – SHIPPING FEES
We do cover delivery in Malaysia. If we found that your areas are out of Malaysia, we shall inform you the new package rate, as we shall check your local country’s fees and also the applicable shipping and handling fees to your order. We will use commercially reasonable efforts to fulfil your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are estimates and are subject to change. You do understand that products or service availability may be limited and particular products or services may not be available for immediate delivery. If your order will be delayed, we will contact you at the e-mail or phone you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the amount charged after deducting necessary shipment and processing fees. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by us. We reserve the right to reject orders where the stated delivery address is outside of Malaysia.
SECTION 8 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
I reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
I take reasonable steps in an effort to insure that the prices set forth on the site are correct, and to accurately describe and display the items available on the site. When ordering products, please note that I do not warrant that product or service descriptions are complete, current, or error-free, or that packaging will match the actual product that you receive. If any item described on the site is not as described when you receive it, or the packaging on the site does not match what you receive, your sole remedy is provided in our Return/Exchange Policy. All sales are deemed final except as provided in the Return/Exchange Policy.
SECTION 9 – TRAINER’S OBLIGATIONS AND YOUR OBLIGATIONS/YOUR INDIVIDUAL RESULTS WILL VARY
Trainer’s Obligations.
The Trainer will use his/her skills and knowledge to design a safe program of exercise that will take into account your lifestyle, personal goals, fitness level, and medical history. The Trainer will provide coaching, supervision, advice, and support to assist you in achieving your goals. You understand that the results of any fitness program cannot be guaranteed by me or the Trainer, and that your progress depends on your individual effort. Accordingly, individual results will vary. Your Obligations-YOUR INDIVIDUAL RESULTS WILL VARY
You must commit to your training program 100% to improve the chances of achieving your goals. Your Trainer may require a letter of “medical clearance” from your physician, and your physician may charge you for providing that letter, which cost is payable exclusively by you. You understand and agree that it is your responsibility to inform the Trainer of any conditions or changes to your health, now and on-going, which may affect your ability to exercise safely and with minimal risk of injury. If your Trainer requires further medical information from a practitioner, you must provide such information. YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOU, SUCH AS YOUR HEALTH, GENETICS, DIET, AND LEVEL OF EXERCISE
SECTION 10 – INDEPENDENT AFFILIATE PROGRAM
I may offer you an opportunity to become an Independent Affiliate (IA) wherein you will have the opportunity to receive free or discounted products or services or other remuneration in exchange for your truthful statements about your experience with me. Such statements may include, but not be limited to, sharing your experience with your friends and colleagues in person, on social media, or by e-mail, and encouraging them to join our products and services. I reserves the sole and exclusive right to determine the amount of remuneration each IA will receive in exchange for his/her efforts.
SECTION 11 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
II am pleased to hear from users and welcomes your comments regarding our services. I and Novus Coaching Platform of coaches may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to our services or products, in printed and online media. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products.You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit, or share with us on coaching platform.
You are prohibited from posting, uploading, submitting, sharing, or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or violate the law. I and Novus Coaching Coaches will fully cooperate with any law enforcement authorities or court order requesting or directing our coaching group to disclose the identity of anyone posting any such information or materials. Subject to the terms and conditions set forth in our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment, or attribution.Anything that you submit or post to the site and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
Additionally, I and Novus Coaches reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. I am under no obligation to use any, or any part of, any testimonial or product review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.
SECTION 12– NO MEDICAL DIAGNOSIS OR TREATMENT
I AM COMMITTED TO HELPING YOU LOSE WEIGHT AND IMPROVE YOUR LIFESTYLE. YOU UNDERSTAND, HOWEVER, THAT OUR PRODUCTS, SERVICES, AND THE STATEMENTS ON THE WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD & DRUG ADMINISTRATION OR MEDICAL PROFESSIONALS, AND OUR PRODUCTS, SERVICES, AND THE INFORMATION ON THE SITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY HEALTH PROBLEMS, ILLNESSES, OR DISEASES. THE INFORMATION ON THE SITE OR PROVIDED TO YOU IN EMAILS OR OTHER COMMUNICATIONS IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR INFORMED MEDICAL ADVICE. YOU FURTHER UNDERSTAND THAT OUR PRODUCTS AND SERVICES ARE NOT INTENDED FOR USE BY PERSONS UNDER 18 YEARS OF AGE AND THAT THE PRODUCTS ARE NOT TO BE USED TO TREAT ANY TYPE OF MEDICAL CONDITION OR HEALTH PROBLEM. THE DIETARY NEEDS OF MINOR CHILDREN AND PERSONS WITH MEDICAL CONDITIONS ARE DIFFERENT FROM THOSE OF HEALTHY ADULTS. YOU AGREE THAT YOU EITHER HAVE CONSULTED, OR WILL CONSULT, WITH A PHYSICIAN OR DOCTOR BEFORE USING ANY OF OUR PRODUCTS OR TRYING ANY OF OUR SERVICES, PARTICULARLY IF YOU SUFFER FROM ANY MEDICAL CONDITION INCLUDING, BUT NOT LIMITED TO, HEART DISEASE, HIGH BLOOD PRESSURE, OBESITY, BLOOD CIRCULATION PROBLEMS, BREATHING PROBLEMS, OR ANY OTHER CONDITIONS OR DISORDERS, AND YOU AGREE THAT YOU WILL CEASE IMMEDIATELY FROM USING OUR PRODUCTS IF YOU EXPERIENCE ANY ILL EFFECTS OR UNINTENDED SIDE EFFECTS OF ANY PRODUCT.
I PROVIDE YOU WITH ACCURATE INFORMATION ABOUT OUR PRODUCTS AND SERVICES. YOU UNDERSTAND AND AGREE THAT THE INFORMATION I CONVEY ABOUT OUR PRODUCTS, SERVICES, AND/OR THE EFFICACY OF OUR PRODUCTS OR SERVICES IS OBTAINED FROM INDEPENDENT THIRD PARTIES SUCH AS NEWS AGENCIES, SCIENTIFIC REPORTS, AND SCIENTIFIC / RESEARCH ENTITIES. I DO NOT WARRANT OR REPRESENT THAT SUCH INFORMATION IS ERROR-FREE, AND I DO NOT REPRESENT OR ENDORSE ANY THIRD PARTIES OR THE METHODS THAT THEY USE TO ARRIVE AT THEIR CONCLUSIONS. ALL PRODUCT SPECIFICATIONS, PERFORMANCE DATA, AND OTHER INFORMATION ON THE SITE IS FOR INFORMATIONAL AND ILLUSTRATIVE PURPOSES ONLY, AND DO NOT CONSTITUTE A GUARANTEE OR REPRESENTATION THAT THE PRODUCTS WILL CONFORM TO SUCH SPECIFICATIONS OR PERFORMANCE DATA. I DO NOT WARRANT OR REPRESENT THAT YOUR RESULTS WILL MATCH THOSE OF OTHERS WHO USE OUR PRODUCTS OR SERVICES.
SECTION 13 – FOOD ALLERGY DISCLAIMER
I MAKE EVERY ATTEMPT TO PROVIDE ACCURATE NUTRITION AND INGREDIENT INFORMATION FOR EVERY PRODUCT ON THE MENU. I TAKE FOOD SAFETY VERY SERIOUSLY: HOWEVER, THERE IS ALWAYS A RISK OF CROSS-CONTAMINATION. CUSTOMERS CONCERNED WITH FOOD ALLERGIES NEED TO BE AWARE OF THESE RISKS AND UNDERSTAND THAT THE CONSUMPTION OF FOODS PROVIDED BY ME IS AT THEIR OWN RISK.
SECTION 14 – DISCLAIMERS OF WARRANTIES
THE SITE AND APPS’ CONTENT ARE PROVIDED “AS IS”, “AS IT IS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED, OR (F) THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 15 – LIMITATIONS OF LIABILITIES
YOU UNDERSTAND THAT THERE ARE RISKS IN PARTICIPATING IN A PROGRAM OF STRENUOUS EXERCISE. IF YOU SUSTAIN OR CLAIM TO SUSTAIN ANY INJURY WHILE PARTICIPATING IN TRAINING, YOU ACKNOWLEDGE THAT I and NOVUS (INCLUDING ITS COACHES, and AGENTS ) ARE NOT RESPONSIBLE, AND THE TRAINER IS ALSO NOT RESPONSIBLE. YOU AGREE THAT NEITHER NOVUS (INCLUDING ITS COACHES , AND AGENTS), NOR TRAINER WILL BE HELD LIABLE IN ANY WAY FOR INJURIES RELATED TO UNDECLARED OR UNKNOWN MEDICAL CONDITIONS. YOU AGREE THAT IN NO EVENT SHALL NOVUS LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND. YOU EXPRESSLY WAIVE ANY RIGHT TO INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS OF ANY KIND OR DESCRIPTION. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS AND ALL THEORIES OF LIABILITY ADVANCED, REGARDLESS OF WHETHER I AND NOVUS WERE AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.
SECTION 16 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless on NOVUS and its affiliates, and their respective coaches and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or inability to use the site, (2) information you submit or transmit through the site, or (3) your breach of these Terms, the documents they incorporate by reference, or the Agreement, or your violation of any law or the rights of a third-party.
SECTION 17– NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT
If you believe that materials or content available on any NOVUS site infringes any copyright you own, you may send NOVUS a notice requesting that NOVUS to remove the materials or content from the NOVUS site.
SECTION 18 – THIRD-PARTY LINKS
The site may contain links to other websites. NOVUS assumes no responsibility for the content or functionality of any non- NOVUS site to which we provide a link. Please see our Privacy Policy for more details.
SECTION 19 – TERMINATION
NOVUS reserves the right to terminate any service for any reason (including paid-for subscriptions and/or guest subscriptions) after providing e-mail notice to the Member.
This Agreement will take effect (or shall re-take effect) at the time you click “SUBMIT ORDER,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the site, respond to a request for information, complete a purchase, select a method of payment, enter in payment method information, and/or begin installing, accessing, or using the site, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the site at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination or suspension. You further agree that NOVUS shall not be liable to you or to any third party for the consequences of such termination or suspension. Your rights under this Agreement will terminate automatically if you fail to comply with this Agreement, subject to the survival of rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the site in your possession.
SECTION 20 – NO WAIVER
No failure or delay on the part of NOVUS in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by NOVUS.
SECTION 21 – FORCE MAJEURE
NOVUS will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of NOVUS. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement.
SECTION 22– ASSIGNMENT
NOVUS may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without NOVUS’s express written consent.
SECTION 23– ELECTRONIC SIGNATURE
All information communicated on the site is considered an electronic communication. When you communicate with any NOVUS site or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled “SUBMIT MY ORDER”, “PAY NOW”, “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE”, or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
SECTION 24 – CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time at site. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Policy, or Return/Exchange Policy, by posting updates and changes to our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site following the posting of any changes to the Agreement constitutes acceptance of those changes. Unless accepted by NOVAS in writing, these terms and conditions may not be amended by you.
SECTION 25 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you have read this Agreement and thoroughly understand the terms contained in this Agreement; and (3) that any products and services you purchase from the site will be used for your personal, non-commercial use, and that you will not re-sell, re-distribute, or export any product that you order from the site. You further represent that NOVAS has the right to rely upon all information provided to NOVAS by you, and NOVAS may contact you by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the site.
SECTION 26 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 27– ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the site or in respect to the site constitutes the entire agreement and understanding between you and NOVAS and governs your access and use of the site and your ordering, purchasing and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and NOVAS. We may also, in the future, offer new services and/or features through the site. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the site. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 28– CONTACTING US
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so. If you have any questions or inquiries concerning any of the Terms, you may contact your coach or NOVAS.
SECTION 29 – RESEMBLANCE
Our business model is original. Any resemblance to existing sites, software, applications, etc. is purely coincidental.
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