Agreement between User and www.marcelafreeman.com
Welcome to www.marcelafreeman.com. The www.marcelafreeman.com website (the “Site”) is comprised of various web pages operated by Marcela Fitness, LLC (“Marcela Freeman”). www.marcelafreeman.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.marcelafreeman.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.marcelafreeman.com is an E-Commerce Site.
Online Fitness Programs
OWNERSHIP
Copyright © 2018 Marcela Fitness LLC.
This copyright notice applies to the website: (a) https://www.MarcelaFreeman.com/ (b) is owned by Marcela Fitness LLC.
Copyright exists in the websites and includes and extends to all text, images, graphics, photographs, designs, logos, icons, videos, audios and recordings, words, phrases, proprietary pages and product names referred to and included in the websites unless otherwise obtained from a third party who may itself have its own copyright in that material.
Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non-existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these terms and conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights.
Privacy
Your use of www.marcelafreeman.com is subject to Marcela Freeman’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.marcelafreeman.com or sending emails to Marcela Freeman constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Marcela Freeman is not responsible for third party access to your account that results from theft or misappropriation of your account. Marcela Freeman and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Marcela Freeman does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.marcelafreeman.com only with permission of a parent or guardian.
Cancellation/Refund Policy
All orders are considered final at the time of placement because you will have immediate access to the digital products. We do not provide refunds or exchanges if you have changed your mind or made a wrong selection by mistake.
Links to Third Party Sites/Third Party Services
www.marcelafreeman.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Marcela Freeman and Marcela Freeman is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Marcela Freeman is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Marcela Freeman of the site or any association with its operators.
Certain services made available via www.marcelafreeman.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.marcelafreeman.com domain, you hereby acknowledge and consent that Marcela Freeman may share such information and data with any third party with whom Marcela Freeman has a contractual relationship to provide the requested product, service or functionality on behalf of www.marcelafreeman.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.marcelafreeman.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Marcela Freeman that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Marcela Freeman or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Marcela Freeman content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Marcela Freeman and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Marcela Freeman or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Marcela Freeman from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Marcela Freeman Content accessed through www.marcelafreeman.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Marcela Freeman, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Marcela Freeman reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Marcela Freeman in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Marcela Freeman agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MARCELA FITNESS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MARCELA FITNESS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MARCELA FITNESS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARCELA FITNESS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MARCELA FITNESS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Marcela Freeman reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Marcela Freeman as a result of this agreement or use of the Site. Marcela Freeman’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Marcela Freeman’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Marcela Freeman with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Marcela Freeman with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Marcela Freeman with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
MEDICAL DISCLAIMER
We are not a medical organization and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in the Plan and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Plan and/or its products or services. You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, the Plan or its products and services, is at your sole risk.
TESTIMONIALS AND PHOTOS
I reserve the right to use all testimonial photos and messages sent to www.MarcelaFreeman.com or any of it’s email addresses that depict/describe/contain results or feedback with regards to the program used/purchase, for marketing a promotional purpose related to the paid product or service they pertain to. Please note, often times photos are requested for proof of results for programs, program feedback and/or other promotional contests and campaigns. All photos on MarcelaFreeman.com are assumed to be from the person who sent them.
CHALLENGES /PRIZES
To enter a Challenge, entrants must complete all requirements as listed on the website and entries must be received by Marcela Freeman by the close of business on the specified closing date. Specific dates and times will be provided for each challenge.
The winner may be required to take part in promotional activity related to the Prize Draw and the winner shall participate in such activity on our reasonable request. The winner consents to the use by us and its related companies, both before and after the closing date of the Prize Draw for an unlimited time, of the winner’s voice, image, photograph and name for publicity purposes (in any medium, including still photographs and films, and on the internet, including any websites hosted by us and our related companies) and in advertising, marketing or promotional material without additional compensation or prior notice and, in entering the Prize Draw, all entrants consent to the same.
The judges’ decision is final and binding. As such, no correspondence will be entered into.
We accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering our competitions or accepting the prize.
If any prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value.
The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the competition. The Promoters legal rights to recover damages or other compensation from such an offender are reserved.
All prizes are in Store Credit, gift cards, or products by sponsors such as supplements or apparel.
Challenge Entry and Prizes are only available to current members of the current round. If past challenge members are rejoining they must use a current photo for their before shots and not use a before photo from previous rounds.
Challengers must submit before and after pictures to qualify themselves for the challenge. Specific instructions for taking before and after pictures – and how to submit said pictures, will be provided after you register for plan or challenge.
Changes to Terms
Marcela Freeman reserves the right, in its sole discretion, to change the Terms under which www.marcelafreeman.com is offered. The most current version of the Terms will supersede all previous versions. Marcela Freeman encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Marcela Freeman welcomes your questions or comments regarding the Terms:
Email Address:
support@marcelafreeman.com
Effective as of January 01, 2017
