“Company”, “We”, “I”, “Our”, or “Us” means Annie Miller and Annie Miller Concepts LLC.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.
“You” “User” or “Your” means the purchaser and person using the Program.
By participating in the Program, you understand that Annie Miller is a Certified Strength and Conditioning Specialist. We are not medical doctors, psychologists/psychiatrists, or other licensed medical professionals. You are expected to discuss any changes to your health, diet, or exercise regimen with your physician or another medical professional first before trying them.
This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis.
Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you. You should review any and all changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional.
4. Assumption of the Risk:
YOU MUST ENSURE YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN TO PARTICIPATE IN THE PROGRAM BEFORE PARTICIPATING. If you have any injuries or limitations, please have them cleared by your physician before attempting to participate in the Program.
By participating in the Program, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so. We are not responsible or liable for your participation in the Program.
5. Intellectual Property Ownership:
The Program and its content, including, but not limited to, Built By Annie Programming, emails, and/or content provided inside Annie’s Secret Laboratory of Brain Gains, are intellectual property owned by Annie Miller and Annie Miller Concepts LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
6. No Sharing:
You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued.
7. Testimony Release:
You understand and hereby consent to the use of the information, submitted photographs, screenshots taken by the Coach, or written testimonies and feed back, from the Client, by the Coach for marketing. You consent to your name (as provided), photographs, screenshots, and statements to be used for promotional purposes by Annie Miller Concepts LLC, without payment to me.
You understand that Annie Miller Concepts LLC may use your name (as provided), photographs, screenshots, and statements for promotional business purposes, including, but not limited to: email marketing, social media, website, etc.
8. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
9. DISCLAIMER - No Warrantees, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.
10. Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, Annie Miller Concepts LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Annie Miller Concepts LLC from any and all claims.
By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Annie Miller Concepts LLC as stated in this section herein.
11. Our Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued under any circumstance for coaching services already rendered or products already purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Annie Miller at email@example.com.
12. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Annie Miller at firstname.lastname@example.org.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Annie Miller and Annie Miller Concepts LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 25 miles of Vancouver, Washington.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Washington. The only award that can be issued to you is a refund of any payment made to Annie Miller Concepts LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.
13. Limitation of Liability:
Annie Miller and Annie Miller Concepts LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
14. Payment + Purchase Terms
When you pay for the Program by credit card, you authorize and give permission to Annie Miller Concepts LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant [Moonclerk], who may have privacy policies or security practices that are different than ours. Annie Miller and Annie Miller Concepts LLC is not responsible for the merchant’s independent policies or practices.
If you choose the in-full payment installment, you will receive invitation to true coach, and assignment of the Program within 48 hours of payment.
If you choose the monthly installment payment plan for the Program, you hereby authorize and give permission to Annie Miller Concepts LLC to automatically charge your credit or debit card as payment for the Program, for which you will receive an electronic receipt, at the time in which payment is due without any additional authorization from you.
In the event that payment is not successfully made by the due date, Moonclerk will attempt a three subsequent withdrawals in 48 hours increments. If no successful payment is made within the three (3) try grace period, your access to and participation in the Program will not continue.
Updated July 29, 2020