Important
- Terms
This Terms of Service (“TOS”) is a legally binding agreement made by and between The Natural Warrior (the “Trainer”) which provides health, nutrition, and fitness training (the “Services”) described herein and you (“you” “member” or “customer.) When you access this website and services, you agree to the following Terms and Conditions.
BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEBSITE.
- Use License
Permission is granted to temporarily download one copy of the materials (information or software) on The Trainer’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on The Trainer’s website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Trainer at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- Disclaimer
The Trainer and the website services are intended for informational purposes only. Health, nutrition, and fitness training are not a substitute for medical care and are not intended as a substitute for consulting with your physician or other health care providers. Health, nutrition, and fitness training are not intended to diagnose or treat any condition. Any attempt to diagnose and treat an illness should be done under the direction of a doctor. Members are welcome to call or email a trainer for assistance in losing weight, getting fit, reducing stress, smoking cessation and eating better.
The materials on The Trainer’s website are provided “as is”. The Trainer makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Trainer does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
- Limitations
In no event shall the Trainer or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on The Trainer’s Internet site, even if the Trainer or a The Trainer authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Accuracy of Information
We attempt to ensure that the information on the Website is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Website; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website.
The Trainer does not warrant that any of the materials on its website are accurate, complete, or current. The Trainer may make changes to the materials contained on its website at any time without notice. The Trainer does not, however, make any commitment to update the materials. Our website is linked to other third party sites, as such, we have not reviewed all of the sites linked and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Trainer of the site. Use of any such linked website is at the user’s risk.
- Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy for you to understand how we collect, use, communicate and disclose and make use of personal information. Please visit our Privacy Policy on this site for a comprehensive review of how we use your information.
- Warranty
The Trainer Services are intended for informational purposes only. To the maximum extent permitted by law, all training services, including any documentation, publications, or other information provided therein by or on behalf of The Trainer to members, are furnished on an “as-is” basis without warranty of any kind as to its accuracy and completeness. The warranties, conditions, and remedies contained in these terms and conditions are exclusive and instead of all other warranties, conditions, terms, undertakings, and representations. Except as provided herein, as permitted by applicable law, The Trainer specifically disclaims and excludes any and all statutory or implied warranties, conditions, terms, undertakings, obligations, and representations related to or arising in any way out of these terms and conditions, including any implied warranty or condition of merchantability, satisfactory quality, care, skill, or fitness for a particular purpose. No Trainer employee or agent is authorized to make any modifications, extension, or addition to this warranty.
- Limitation of Liability
The Trainer and its affiliates, employees, and agents will under no circumstances be liable for any special, indirect, incidental, or consequential damages resulting from the Trainer training program or services. You agree to defend, indemnify and hold harmless The Natural Warrior, its principals, employees, contractors, affiliates, licensors, and anyone else who has been involved in the creation, production, promotion or delivery of this service, from any and all claims and damages arising from your use of the service and/or breach of any of the terms and conditions set forth herein. To the maximum extent permitted by applicable law, The Trainer and its affiliates, employees, and agents, total aggregate liability to a customer for any and all claims arising under the Trainer Training Service shall not exceed the members cost of their membership.
- Third Party Websites.
The Trainer website may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website’s operators. Because we have no control over such websites and resources, you agree that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
- Comments.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Website will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to effect, record, or perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
- Governing Law
Any claim relating to The Trainer’s website shall be governed by the laws of the State of Victoria (Australia) without regard to its conflict of law provisions.
- Intellectual Property Rights.
(a) Copyright. All materials on the Website, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors or other companies. You may not use such materials without permission.
(b) Trademarks. The Trainer is a registered trade name we own. The related design marks, and other trademarks on the Website are owned by us. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission.
- Arbitration.
All disputes arising out of or relating to this TOS (including its formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in Boise, ID before and in accordance with the Rules of the Australian Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOS will be joined to an arbitration involving any other party subject to this TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in Australia to enforce this TOS or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party at this moment irrevocably submits to the personal jurisdiction of such court. Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
- Termination.
We will have the right to terminate your access to the Website if we reasonably believe you have breached any of the terms and conditions of this TOS. Following termination, you will not be permitted to use the Website, and we may, in our discretion, cancel any outstanding Product Orders. If your access to the Website is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This TOS will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Website.
15. Personal Data
Your personal information will only be used to contact you and will never be sold to third parties. ConvertKit is the Data Processor, is GDPR compliant and responsible for the data protection. Natural Warrior is not responsible for what happens when you leave our site.
16. Refunds
The 30 Day Money Back Guarantee only applies to the digital course Natural Warrior Training and does not include any coaching or WhatsApp access services (once they have been started and/or completed). A minimum 24-hour notice is required before the start of these services for cancellations, otherwise, they are non-refundable.
Latest Revision February 9th 2021