Stronger U

Welcome to Stronger U! We’re so pleased to meet and work together with you to support your wellness journey. The terms and conditions herein provide important information about our coaching services, including our business policies. We value transparency and want you to have the best understanding possible of our services and policies.

This Terms of Service Agreement sets forth the legally binding terms and conditions between you (“the Client”) and Stronger U (“Stronger U”, “Coach”, “we”, “us”, or “our”) governing your access to and use of our website (the “Site”), our digital wellness platform, our classes, our coaching sessions, and tools related to mental, physical, and social wellbeing, including all associated networks and services (collectively “Services”). If this Terms of Service Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such features only.

BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SERVICES, OR ANY PORTION THEREOF, INCLUDING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF AND, AS APPLICABLE, THE ENTITY THAT YOU REPRESENT). IF THE INDIVIDUAL ENTERING INTO THESE TERMS OR OTHERWISE ACCESSING OR USING THE SERVICES IS DOING SO ON BEHALF OF, OR WITHIN THEIR CAPACITY AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF AN ENTITY, SUCH INDIVIDUAL AND SUCH ENTITY: (i) AGREE THAT THE TERMS “YOU” AND “YOUR” AS USED HEREIN APPLY TO SUCH ENTITY AND, AS APPLICABLE, SUCH INDIVIDUAL; AND (ii) REPRESENT AND WARRANT THAT THE INDIVIDUAL ENTERING INTO THESE TERMS HAS THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS ON BEHALF OF SUCH ENTITY.

THE SERVICES OFFER THE CLIENT PERSONAL MENTAL, PHYSICAL, SOCIAL, COACHING SERVICES AIMED AT IMPROVING YOUR OVERALL HEALTH. YOU UNDERSTAND AND AGREE THAT THE ANY INFORMATION YOU LEARN FROM THE SERVICES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED, DESIGNED, OR IMPLIED TO: (I) DIAGNOSE, PREVENT, OR TREAT ANY CONDITION OR DISEASE; (II) TO ASCERTAIN THE STATE OF YOUR HEALTH, TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE; (III) TO BE A SUBSTITUTE FOR THE ADVICE OF A CERTIFIED NUTRITIONIST, MENTAL HEALTH, OR MEDICAL PROFESSIONAL. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

UNLESS YOU OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND STRONGER U WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF TENNESSEE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY STRONGER U IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Stronger U will make a new copy of the Terms available at the Site and any new terms will be made available from within, or through, the affected Service on the Site. We will also update the “Last Updated” date at the top of the Terms. Any changes to the Terms will be effective immediately.

For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.

Stronger U and its licensors exclusively own all rights, title and interest in and to the Services and Content, including all associated intellectual property rights. The Client acknowledges that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. The Client agrees not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

By using the Services the Client (i) acknowledges and agrees that the performance of Services, including video and audio of the Client, may be recorded by Stronger U and such recordings will constitute Content (such recordings of the Client and any intellectual property rights the Client may have in such recordings are referred to in these Terms as “the Client Content”), (ii) consent to such recording, and (iii) grant to Stronger U a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable and transferable license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and otherwise exploit any the Client Content in connection with operating and providing the Services.

Subject to the Client’s compliance with these Terms, Stronger U grants the Client a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display the Content solely in connection with the Client’s permitted use of the Services and solely for the Client’s personal and non-commercial purposes.

Our Privacy Policy, available at https://www.strongeruwellness.com/privacy-policy, explains our practices regarding the collection, use and disclosure of information that we process in the course of our business, including information we receive through our Services and other online or offline offerings. The Privacy Policy is incorporated by reference into these Terms, so we encourage you to read and understand it.

Via the Services, the Client can select from a variety of options to participate in individual or group coaching sessions and workshops (the “Coaching Services”). These Coaching Services provide instruction and information in fields that include, but are not limited to, mental, physical, and social wellbeing.  A different coach may be assigned to the Client at any time upon the sole discretion of Stronger U. 

When you access the Coaching Services, you understand and agree that you are responsible for entering the session at the set start time and that you will forfeit (and not be eligible for a refund) of any payment or purchases for a scheduled session that you do not attend or enter late. You further agree that you will behave in a professional and courteous manner, that you will not harass, berate or intimidate individuals providing the Coaching Services, and that you will otherwise behave in accordance with these Terms while participating in Coaching Services. You acknowledge and agree that if you do not behave in accordance with the foregoing, your ability to access or use Coaching Services may be terminated.

You acknowledge and agree that Stronger U and its representatives, including any providers of Coaching Services, are not medical professionals, nutritionists (unless expressly stated otherwise on the Services), psychologists, psychiatrists, psychotherapists. You understand and agree that the Coaching Services is provided for informational purposes only and is not intended, designed, or implied to: (i) diagnose, prevent, or treat any condition or disease; (ii) to ascertain the state of your health, to be a substitute for professional medical care; (iii) to be a substitute for the advice of a mental health or medical professional. No information provided as part of the Coaching Services is intended to substitute for professional medical advice, diagnosis or treatment. You understand and agree that you are solely responsible for your participation in any Coaching Services, including any decisions you make based on information obtained therefrom. If you need medical attention, always seek the advice of your physician or another qualified healthcare provider. Never disregard professional medical advice or delay medical treatment because of information received through the Services. Not all activities described on the Services or Products and not all Coaching Services are suitable for everyone. You should consult with your physician before beginning participating in any Coaching Services that require any physical movement or exertion to ensure you are medically fit to participate. If you engage in this exercise or exercise program, you agree that you do so at your own risk and agree to release and discharge Stronger U and those providing Coaching Services from any and all claims or causes of action, known or unknown, arising out of any injury sustained while participating in Coaching Services.

Stronger U may offer for purchase access to certain features of the Services on a time limited basis (a “Subscription” and/or certain items, features, or services, including Coaching Services on a one-off basis (“Products”). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription or a Product (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Stronger U may charge your credit card or third party payment processing account, for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.

You’ll receive confirmation after we confirm the payment for your order. Your order is not binding on Stronger U until accepted and confirmed by Stronger U as evidenced by such confirmation. All payments made are non-refundable and Subscriptions and Products are non-transferable except as expressly provided in these Terms.

Stronger U reserves the right to not process or to cancel your order in its sole discretion, including, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Stronger U deems appropriate in its sole discretion. Stronger U also reserves the right, in its sole discretion, to take steps to verify your identity in order to verify your relationship you’re your employer and in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Stronger U will either not charge you or refund the charges for orders that we do not process or cancel.

All amounts are payable and charged: (i) For Purchases, at the time you place your order; and (ii) For Subscriptions, at the beginning of the Initial Subscription.

Stronger U services might be paid for in single sessions or in program packages. By scheduling Stronger U Coaching Services, you are agreeing to pay in advance on a fee-for-service basis. Single coaching sessions will be paid for in advance of scheduling. Unless on a specialized retainer, single month Coaching Services will be paid for in advance of scheduling. Subscriptions will have their first month paid in advance of scheduling, and every subsequent month will be billed on a recurring monthly basis for the duration of the Agreement.Should a Client with a current coaching agreement wish to purchase additional Coaching Services that are not reflected by this Agreement, the Client agrees to pay for additional services as a per service supplement to the Client’s coaching program. If ongoing additional services are requested, then a new monthly price will be agreed to, an amendment to the Agreement will be signed, and the remaining monthly payments adjusted to reflect the added services. The prorated payment for the additional service will be due in full prior to the commencement of new Coaching Services.

By Tennessee state law, the Client shall be entitled to a full refund within 72 hours of purchase with written notice of cancellation. Due to the nature of our work, we are unable to offer refunds 72 hours or more after purchase and/or once coaching services have been rendered, including calls, emails, text messages, server messages, and other methods of support.

Unless on a retainer that specifies otherwise, Stronger U individual coaching clients must schedule coaching sessions with their coaches in advance and typically will maintain the same recurring schedule, meaning that both the Client and the Coach have time dedicated to their coaching relationship. If the Client has individual Coaching Services and needs to cancel or move a coaching session, then they must do so at least 24 hours in advance of their scheduled meeting. The Client agrees that the Client will be charged for any canceled coaching sessions, and will forfeit any unattended time that occurred during the period of the Client’s scheduled coaching session. If the Client has individual Coaching Services rendered on recurring subscriptions lasting 6 months or longer, the Client will be given up to a 30 day grace beyond the duration of the subscription (i.e. the total number of sessions included within the Client’s 6 month subscription must be completed within 7 months) to complete Coaching Services that might have been rescheduled due to vacation or illness during their subscription. The Client shall not be entitled to a refund for the cost of any unused coaching sessions that are not used within the 30 day grace period.

If the Client is engaged in any Coaching Services other than individual coaching, the Client will not be entitled to making up any part of the services that the Client did not engage in at the scheduled time and will not be entitled to a refund for any portion of the services that the Clients failed to participate in.

We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by emailing us at info@strongeruwellness.com You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. You represent and warrant that you have all necessary right, title, interest, authorizations, and permissions to: (i) upload, post, or otherwise make available (“Make Available”) any materials that you provide through the Services (“Your Content”); (ii) grant the rights, licenses, and permissions granted hereunder with respect to any data, content, information, or feedback, including Your Content; and (iii) access, and permit Stronger U to access on your behalf, any third party platform that is integrated with the Services.

You acknowledge that all Content, including Content provided through the Services, is the sole responsibility of the party from whom such Content originated. This means that you, and not Stronger U, are entirely responsible for Your Content, and that you and other users of the Services, and not Stronger U, are similarly responsible for all Content that you and they Make Available through the Services.

Stronger U reserves the right to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Stronger U; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and/or (e) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

Stronger U and its licensors exclusively own all rights, title and interest in and to the Services and Content, other than Your Content, including all associated intellectual property rights therein or thereto. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content, other than Your Content.

In the event that you participate in any Coaching Session or other event held by Stronger U, either on the Services or on a third party service for which we notify that such Coaching Session or event is being recorded, you (i) acknowledge and agree that the Coaching Services or event, including video and audio of you, may be recorded by Stronger U and such recordings will constitute Content, (ii) consent to such recording, and (iii) grant to Stronger U a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and otherwise exploit any such recordings in connection with operating and providing the Services.

Subject to your compliance with these Terms, Stronger U grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal use and to download, view, copy and display the Content that is shared with you solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources. Additionally, certain Coaching Services or events put on by Stronger U may be provided on a third party service. We are not responsible for the performance of any such third party services. You may be required to create an account on such services or agree to terms with the provider of such services. Any use of such third party services is subject to any agreement or terms between you and the provider thereof. You agree that, at all times while using such third party services in connection with Coaching Services or an event put on by us, to adhere to and act in accordance with the terms and conditions of these Terms.

You are solely responsible for your communications and interactions with other users of the Services and any other parties with whom you interact; provided, however, that Stronger U reserves the right, but has no obligation, to intercede in such disputes. You agree that Stronger U will not be responsible for any liability incurred as the result of such interactions.

The Services may contain Content provided by other users. Stronger U is not responsible for and does not control such Content. Stronger U has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, such Content. Any Content accessed through (or downloaded from) Stronger U is accessed at your own risk, and you shall be solely responsible for any damage to your property, including, but not limited to, your computer system and any device you use to access the Services, or any other loss that results from accessing such Content.

We may terminate your access to and use of the Services, your Account or these Terms, at our sole discretion, at any time and without notice to you. In the event that Stronger U terminates this Agreement after becoming unable to fulfill the Coaching Services, Stronger U shall refund to the Client all payments made for unused portions of Coaching Services.

If the Client’s Agreement is for three months or less, then the Client may cancel their Agreement, but must complete the remaining agreed upon period or forfeit program Activities that were included in their Agreement. If the Client’s Agreement is for longer than three months, and the Client wishes to cancel that subscription, they may do so in writing, after three monthly recurring payments have been completed.

Upon any termination, discontinuation or cancellation of Services, your Subscription, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. In the event the Client terminates this Agreement, Stronger U shall retain all payments made for all unused Coaching Sessions.

THE SERVICES, PRODUCTS AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE MAKE NO WARRANTY THAT THE SERVICES, PRODUCTS OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SERVICES, PRODUCTS OR CONTENT.

YOU ACKNOWLEDGE AND AGREE THAT STRONGER U AND ITS REPRESENTATIVES, INCLUDING ANY PROVIDERS OF COACHING SERVICES, ARE NOT NUTRITIONISTS, MEDICAL PROFESSIONALS, PSYCHOLOGISTS, PSYCHIATRISTS, PSYCHOTHERAPISTS, STOCKBROKERS, FINANCIAL ADVISORS, FIDUCIARIES OR CERTIFIED PUBLIC ACCOUNTANTS (CPAS) AND AS FURTHER DESCRIBED IN SECTION 3, STRONGER U HEREBY DISCLAIMS ALL LIABILITY FOR ANY INJURY SUSTAINED OR ANY CHOICES OR DECISIONS YOU MAKE RESULTING FROM YOUR PARTICIPATION IN THE COACHING SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STRONGER U OR THROUGH THE SERVICES, INCLUDING THE COACHING SERVICES IS INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT OR WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN AND STRONGER U BEARS NO RESPONSIBILITY OR LIABILITY FOR UNDESIRABLE OUTCOMES. ANY ACTIONS YOU TAKE BASED ON YOUR INTERPRETATION OF THE INFORMATION PROVIDED ON THE SERVICES OR IN ANY COACHING SERVICES ARE YOURS ALONE. STRONGER U MAKES NO PROMISES OR GUARANTEES THAT ANY COURSE OF ACTION TAKEN BASED ON INFORMATION RECEIVED THROUGH THE SERVICES WILL ACHIEVE ANY PARTICULAR RESULT OR DESIRED OUTCOME. STRONGER U HEREBY DISCLAIMS ALL LIABILITY FOR, AND YOU WILL NOT HOLD STRONGER U, ITS AFFILIATES OR ANY THIRD PARTY SERVICE PROVIDER LIABLE FOR ANY POSSIBLE CLAIM FOR DAMAGES ARISING FROM ANY DECISION YOU MADE BASED ON INFORMATION RECEIVED THROUGH THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

You will indemnify and hold harmless Stronger U and its officers, directors, employees, advisors and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.

NEITHER STRONGER U NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, PRODUCTS OR CONTENT, INCLUDING THE COACHING SERVICES, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OR PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, PRODUCTS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STRONGER U HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL STRONGER U’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO STRONGER U HEREUNDER AND FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO STRONGER U, AS APPLICABLE. THE EXCLUSION AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STRONGER U AND YOU.

These Terms and any action related thereto will be governed by the laws of the State of Tennessee without regard to its conflict of laws provisions.

You and Stronger U agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Stronger U with written notice of your desire to do so by email at info@strongeruwellness.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Stronger U with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Stronger U with an Arbitration Opt-out Notice, will be the state and federal courts located in the state of Stronger U’s principal place of business and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Stronger U with an Arbitration Opt-out Notice, you acknowledge and agree that you and Stronger U are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Stronger U otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Unless you and Stronger U otherwise agree, the arbitration will be conducted in the county where the company is headquartered. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Stronger U submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Stronger U will not seek, and hereby waives all rights it may have under applicable law to recover attorneys’ fees and expenses if it prevails in arbitration.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Stronger U will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Notwithstanding the provisions of the sections above, if Stronger U changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info@strongeruwellness.com) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Stronger U’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Stronger U in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

The Services can be accessed from countries around the world. The Services are controlled and offered by Stronger U from its facilities in the United States of America. Stronger U makes no representations that the Services are appropriate or available for use in all locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

It is Stronger U’s policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to Stronger U by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Site of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Stronger U’s copyright agent for notice of claims of copyright infringement is as follows: [Include name or title, and physical address of copyright agent.

These Terms constitute the entire and exclusive understanding and agreement between Stronger U and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Stronger U and you regarding the Services, Products and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Stronger U’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Stronger U may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Stronger U under these Terms, including those regarding modifications to these Terms, will be given: (i) by Stronger U via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Stronger U’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Stronger U. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

If you have any questions about these Terms or the Services or Products, please contact Stronger U at info@strongeruwellness.com.