Purpose:

The purpose of these Terms and Conditions is to outline the rights, responsibilities, and obligations of both Sculpted Spirit and its clients. Sculpted Spirit offers online fitness and health coaching services. By engaging with Sculpted Spirit's services, you agree to be legally bound by the content herein. It is crucial to read and understand the content herein thoroughly before entering into any agreement with Sculpted Spirit to ensure a clear understand of the mutual commitments and expectations. These Terms and Conditions become legally binding upon signing of contract. Moreover, we also advise you carefully read, and understand, our Privacy Policy, as well as the terms, conditions, and/or usage regulations of marketplaces used to download applications and/or make payments, which form part of these Terms and Conditions. Lastly, use of Sculpted Spirit's services is at your own risk. Sculpted Spirit does not provide any warranties, expressed or implied, and assume no liability for a client's access to, or use of, our services. If you do not concur to, and agree to be legally bound by, these Terms and Conditions, do not enter into any agreement with Sculpted Spirit.  

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Terminology:

The following terminology is applicable throughout these Terms and Conditions, as well as our Privacy Policy:

• Terms and Conditions: Further referred to as "Terms" herein 

• Sculpted Spirit (including, but not limited to: owners, employees, and agents): Further referred to as "Sculpted Spirit", "we", "us", or "our" herein

• Client (individual used): Further referred to as "you" or "your" herein

• Website(s), content, application(s), correspondence, fitness coaching, health coaching, and all content provided within: Further referred to as "Service(s)"

 

Medical Warning: 

By accessing and using our services, you acknowledge and agree to the following medical terms. You are strongly advised to consult with your primary health care provider prior to beginning any fitness or health coaching program. This recommendation is especially critical for individuals with pre-existing health conditions, including but not limited to: cardiovascular diseases, respiratory conditions, diabetes, or any other chronic medical issues. Failure to seek professional medical advice prior to participation in our services is undertaken at your own risk. It is your sole responsibility to inform us of any prior health conditions before using our services. Should you neglect to disclose such information, we will not be held liable for any injuries, health issues, or other adverse consequences that may arise from the use of our services. By failing to inform us, you accept full responsibility for any and all risks involved. In the event that you experience any health complications or a medical emergency during the use of our services, you must immediately cease all activities and seek medical attention by contacting your primary health care provide or calling 911, depending on the severity of the situation. You are responsible for all costs associated with these actions. You are required to inform us of any such incidents without delay. Failure to notify us of health complications or emergencies will absolve us of any and all liability for any consequences that result from continued use of our services. The services and information we provide are not intended to replace professional medical advice, diagnosis, and/or treatment. All service provided is strictly for informational and educational purposes only. It is not intended to create any patient-healthcare provider relationship, nor should it be relied upon for medical decisions. By using our services, you expressly acknowledge and agree that your participation is at your own risk. You assume full responsibility for any and all risks, injuries, damages, known or unknown, which you might incur as a result of participating in our programs. We shall not be held liable for any direct, indirect, incidental, special, or consequential damages arising out of, or in connection with, your use of our services. To the fullest extent permitted by law, you release, waive, and discharge us, from any and all liability, claims, demands, or causes of action that you may hereafter have for injuries or damages arising out of your use of our services, including but not limited to losses caused by the negligence of the released parties. Any misuse of misinterpretation of the information provided by us is solely at your own risk. We shall not be help responsible for any negative health consequences that result from the misuse or misinterpretation of the information provided. By proceeding with the use of our services, you confirm that you have read, understood, and agree to be bound by the medical terms above. Your continued use of our services constitutes your acceptance of these medical terms and your acknowledgment of the associated risks.  

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Accurate and Complete Personal Information: 

We value the importance of accurate and complete personal information (defined herein as any and all information provided by you to us) as it is paramount to delivering tailored Service effectively. Therefore, you are are always required to provide complete and accurate personal information. It is crucial for you to understand the accuracy of the information provided directly impacts the quality and relevance of the Service received. Furthermore, it is your responsibility to promptly inform us of any changes to previously provided information. This includes, but is not limited to, changes in contact details, medical history, or any other relevant information that may affect the Service provided. It is important to note the we hold no liability for any consequences arising from inaccurate or incomplete personal information provided by you. You acknowledge that by providing inaccurate information, that may compromise the effectiveness and safety of the Service received. Additionally, we cannot be held liable for any liability that may occur due to not being informed of changes to personal information. You are responsible for ensuring that any updates or changes to your personal information is communicated promptly to us to maintain the accuracy and relevance of the Service provided. By using Service, you agree to adhere to these terms regarding the provision and updating of personal information, understanding the importance of accuracy in delivering effective and personalized Service. 

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Payment, Refund, Warranty, and Cancellation: 

Upon signing your contract you are bound by the following Payment, Refund, and Cancellation terms. Service operates on auto-renewing subscriptions, which continue indefinitely until canceled in writing via email. Billing cycles occur every twenty-eight (28) calendar days, with the amount to be billed and the duration of the subscription defined by the contract agreed upon at the time of subscription. Subscriptions will automatically renew upon expiration, utilizing the same billing information provided initially. By signing the contract, we and our payment processors are authorized to initiate automatic billing immediately. Billing will commence the next calendar day after you sign your contract. As a user, you are responsible for ensuring that your account has sufficient funds to cover subscription fees. We bear no responsibility for any fees incurred due to insufficient funds or overdrafts. Regarding refunds, please note that under no circumstances will a refund be issued. The no refund policy is grounded in several fundamental factors inherent to the nature of Service. As a provider of fitness and health-related information, we strive to offer guidance and support, for educational and information purposes only, tailored to individual needs and goals. However, it'c crucial to recognize that certain elements crucial to achieving desired outcomes lie beyond our direct control. Firstly, genetics play a significant role in how individuals respond to fitness and health regimens. While we offer fitness and health coaching, genetic predispositions can influence and individual's rate of progress and overall results. Since we cannot alter or predict genetic factors, it's important to acknowledge that outcomes may vary among users. Furthermore, adherence to the provided information and recommendations is key to potentially achieving desired results. While we offer fitness and health coaching, for informational purposes, ultimately, it is up to the individual to implement and maintain consistent adherence to the recommendations provided. Factors such as lifestyle habits, motivation levels, and external influences can impact adherence, and thus, the effectiveness of the program. Additionally, the use of information provided by us is at the discretion and risk of you. While we strive to offer accurate and reliable guidance, the interpretation and application of this information ultimately lies with you. Variations in application, understanding, or implementation may impact the outcomes achieved, further highlighting the personalized nature of our services. Given these inherent complexities and variables, it's essential to recognize that outcomes may vary among users and cannot be guaranteed. As such, the no refund policy is in place to reflect the personalized nature of Service and the inability to control various factors. We do not warranty that our services will meet your individual requirements, expectations, or specific fitness or health goals. Each client's results and experiences may vary significantly. We do not warranty that our services are permissible or compliant with the laws and regulation of your specific jurisdiction. It is your responsibility to ensure that our services are lawful in your area. We do not warrant that our services will be uninterrupted or available at all times. There may be periods of downtime or technical issues that disrupt service availability. We do not warrant that our services will be safe or suitable for all clients. It is essential that you consult with a healthcare professional before starting any new fitness or health program to ensure it is appropriate for you. We do not warrant that our services will be free from errors, bugs, or inaccuracies. While we strive to provide high-quality services, mistakes, and technical problems can occur. Our services are not a substitute for professional medical, nutritional, or fitness advice. We do not warrant that our programs can replace personalized advice from qualified professionals. To the fullest extent permitted by law, including by not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All services are provided "as is" and "as available" without any form of warranty. Cancellations must be submitted in writing via email. Upon cancellation, your subscription will terminate after the current contract erm expires. However, you are required to fulfill the remaining duration of your current contract and are responsible for any outstanding balances noted therein. By subscribing to Service, you acknowledge and agree to comply with the Payment, Refund, and Cancellation terms. After cancellation, these Terms shall continue in full force and effect. Moreover, all Service will be terminated and you will no longer have access.  

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Indemnification: 

By using Service, you agree to indemnify, defend, and hold us, our affiliates, officers, directors, employers, employees, agents, and licensors harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or feeds (including, but not limited to, reasonable attorneys' fees) that arise from your use of our services, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. This indemnification obligation will survive the termination of your use of Service and these Terms. 

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License to Use: 

Upon signing your contract, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use Service for your personal, non-commercial use. This license does not include any resale or commercial use of Service; any collection and use of any product listings, descriptions, or prices; any derivative use of Service; any downloading or copying of account information for the benefit of another merchant; or use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, publishers, rights holders, or other content providers. No part of Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of us. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) of us without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent from us.You are liable for any and all activity that occurs on your personal account. You are responsible for providing your own access to Service. We shall not be held liable for loss and/or corruption of data and hereby waive all claims.  Any unauthorized use terminates the permission or license granted by us. 

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Third-Party Websites:

Service may contain links to third-party websites, services, and content that are not owned or controlled by us. These links are provided for your convenience and reference only. We do not endorse and are not responsible for the content, products, or services available from these third-party websites. You acknowledge and agree that we shall not be liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the sue of or reliance on any such third-party websites, services, or content. If you access a third-party website form our services, you do so at your own risk, and you understand that these Terms, in conjunction with our Privacy Policy, do not apply to your use of such sites. We encourage you to be aware of when you leave Service and to read the terms and conditions and privacy policies of any third-party websites or service that you visit. 

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Intellectual Property:

All content and materials available on Service, including but not limited to text, graphics, website name, code, images, designs, logos, videos, audio, and software, are the intellectual property of us and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws. These materials are provided solely for your personal, non-commercial use. Any unauthorized use of the content and materials may violate copyright, trademark, and other laws. You agree to not modify, copy, reproduce, republish, upload, post, transmit, sell, or distribute, in any manner, the content and materials available on Service, including text, graphics, website name, code, images, and logos, without our prior written permission. You may download or print a copy of any portion of the content and materials solely for your personal, non-commercial use, provided you keep all copyright and other proprietary notices intact. The use of our content and materials on any other website or in a networked computer environment for any purpose is prohibited without prior written approval from us. All trademarks, service marks, and logos (collectively, "Trademarks") displayed on Service are our registered and unregistered Trademarks and our licensors. Nothing contained on Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on Service without our written permission or such third-parties that may own the Trademark(s). Your misuse of the Trademarks displayed on Service, or any other content on Service, except as provided in these Terms, is strictly prohibited. Additionally, any feedback, comments, ideas, or suggestions you provide to us regarding Service (collectively, "Submissions") will be treated as non-confidential and non-proprietary. By providing Submissions to us, you grant us a royalty-free, worldwide, perpetual, irrevocable, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display these Submissions in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. If you provide Submissions, you represent and warrant that you own or otherwise control the rights to your Submissions. All rights not expressly granted herein are reserved by us. Unauthorized use of any Service trademark, trade name, or logo may be violation of federal and state trademark laws and could subject you to substantial penalties. 

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Arbitration and Governing Law: 

By using Service, you agree that any dispute, claim, or controversy arising out of, or relating to, these Terms, or your use of Service, will be resolved exclusively through binding arbitration, rather than court. The arbitration will be conducted under the rules of the American Arbitration Association (AAA), including the AAA's Consumer Arbitration Rules, and will be governed by the Federal Arbitration Act. The arbitration will take place in Hartford, Connecticut, and the arbitrator's decision will be final and binding. Each party will be responsible for its own arbitration costs. By using Service you agree that the maximum award by arbitration is full refund of payments made to date and you waive any additional actions and/or awards by arbitration. These Terms and any disputes arising out of, or relating to, these Terms or your use of Service shall be governed by, and construed in accordance with, the laws of the State of Connecticut, without regard to its conflicts of law provisions. This agreement to arbitrate shall be specifically enforceable in any court of competent jurisdiction. You agree that any arbitration will be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class action basis. The arbitration will be conducted by a single arbitrator and will be administered by the AAA under its rules, including, if applicable, the AAA's Consumer Arbitration Rules. The arbitrator will apply the laws of the State of Connecticut consistent with the Federal Arbitration Act and applicable statutes of limitations, and will honor claims of privilege recognized at law. Judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If any portion of this Arbitration and Governing Law section is found it be invalid or unenforceable, the remaining portions will remain in full force and effect. This arbitration agreement will survive the termination of your relationship with us. 

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Modification:

We reserve the right to modify or replace these Terms at any time, at our sole discretion. Any changes to these Terms will be effective immediately upon posting. It is your responsibility to review these Terms periodically to stay informed of any changes. Your continued use of Service after any modifications to these Terms constitutes your acceptance of any and all changes. If you do not agree to the modified Terms, you must discontinue your use of Service immediately. 

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Age Requirements and Responsibilities of Parents or Guardians for Minors: 

By using Service, you confirm that you are at least eighteen (18) years old. If you are under the age of eighteen (18), you may only use Service under the supervision, and with written consent from, a parent or legal guardian who agrees to be bound by the Terms herein. If you are a parent or legal guarding and you allow a minor under your care to use Service, you agree to be fully responsible for their use, including any legal liability that they may incur. You acknowledge and agree that you are responsible for monitoring and supervising the minor's use of Service. You also agree to ensure that the minor adheres to the Terms herein and understand that you are responsible for the minor's compliance with these Terms. We reserve the right to terminate any accounts used by minors that are not in compliance with these Terms. 

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Privacy Policy: 

For detailed information about how we collect, use, and protect your personal data, please refer to our Privacy Policy statement (located on our website). Our Privacy Policy is considered part of the Terms herein. We encourage you carefully read our Privacy Policy to ensure you have a comprehensive understanding of the content therein. By accessing or using Service, you acknowledge and agree to the contents of our Privacy Policy. 

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Limitation of Liability: 

While we endeavor to provide accurate and dependable information, we cannot guarantee the completeness, accuracy, or timeliness of the content presented in Service. We strive to maintain high standards, but we acknowledge the inherent risks associated with digital communication and the transmission of information over the internet. In no event shall we, our affiliates, or partners be held liable for any direct, indirect, incidental, special, or consequential damages arising from or in connection with the use of Service. This includes, but is not limited to, damages for loss of profits, data, reputation, goodwill, or any other intangible losses. Furthermore, we, our affiliates, or partners shall not be liable for, but not limited to, pain, discomfort, personal injury, death, loss of livelihood, or damages resulting from the use of Service. This includes, but is not limited to, injuries sustained while following fitness, nutrition, or health advice/suggestions, or other health-related content provided in Service.  We operate in good faith, but we cannot guarantee that Service will always be uninterrupted, secure, or error-free. While we take reasonable measures to protect against malware, viruses, or other harmful components, we do not warrant that Service is free from such threats. You acknowledge and agree that your use of Service is at your own risk. We shall not be liable for any errors, omissions, inaccuracies, or losses incurred as a result of relying on the content provided, whether posted, transmitted, or otherwise made available through Service. We reserve the right to modify, suspend, or discontinue any aspect of Service at any time without prior notice. Additionally, we reserve the right to revise these Terms in accordance with the "Modification" section herein. If you disagree with these Limitation of Liabilities, we do not authorize you to access, nor use Service.