TERMS AND CONDITIONS 2023

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INTRODUCTION

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING AND/OR PURCHASING FROM APRILHAMILTONFITNESS.COM BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS SITE.

 

COPYRIGHT AND TRADEMARKS

 

This site is owned and operated by April Hamilton Fitness.

 

This site contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by April Hamilton Fitness and its licensors or other owners as indicated on this website. You may not use, copy, publish, upload, post (to a website or otherwise), transmit, distribute, or modify any contents of this site in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.

 

COPYRIGHT NOTICE

 

All material and images across this website are protected by U.S. and international copyright laws, and any unauthorized reproduction, retransmission, or republication of all or part of any part of this website is strictly prohibited.  The website content is for personal use of the original buyer only. You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, display, or in any way exploit, any of the website content, in whole or in part.

 

© April Hamilton Fitness. All Rights Reserved.
 

PURCHASES AND REFUNDS

 

All charges are made in US Dollars. If you live out of the United States, please be aware of your country's exchange rate.

Members who join the Forever Fit Formula are given immediate access to the Client Portal, private modules, guides, fitness app access and other resources. Due to immediate access of these materials, refunds will not be granted. 

 

The Forever Fit Formula is a monthly membership program and is invoiced and charged at a rate of $297/month (Forever Fit Formula) or $447/month (Forever Fit Formula with Private Coaching) depending on which coaching tier you have selected. This monthly payment will be automatically withdrawn from the CC or payment method provided upon your original sign up date, and until otherwise canceled by the client under your “my account” area at https://www.aprilhamiltonfitness.com.

 

MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

PRODUCTS OR SERVICES (if applicable)

 

Certain products or services may be available exclusively online through the website. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

Any and all information provided on this website is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non infringement or arising from a course of dealing, usage trade or practice. Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you. In addition, the materials contained in this Site could contain technical inaccuracies or typographical errors. Changes are periodically added to the information herein. April Hamilton Fitness uses reasonable efforts to include accurate and timely information on this web site and periodically updates the information without notice. However, April Hamilton Fitness makes no warranties or representations as to the accuracy or completeness of such information, and April Hamilton Fitness assumes no liability or responsibility for errors or omissions in the content of this web site. Your use of this web site is AT YOUR OWN RISK. Under no circumstances and under no legal theory shall April Hamilton Fitness be liable to you or any other person for any direct, indirect, special, incidental, exemplary, or consequential damages arising from your access to, or use of, this web site. April Hamilton Fitness also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing within this website, or your downloading of any materials, data, text, images, video, or audio from this website. In no event shall April Hamilton Fitness be liable for any incidental or consequential damages, lost profits, or lost data or any indirect damages, even if April Hamilton Fitness has been informed of the possibility thereof.

 

The opinions and information contained on this website are for informational and entertainment purposes only, are not intended as medical advice, and are not a substitute for professional advice, diagnosis, or treatment of any disease or condition. You should consult your physician or other health care professional before starting this or any other nutrition, supplementation and/or fitness program to determine if it is appropriate for you.  This is particularly true if you (or your family) have a history of heart disease or high blood pressure, or if you smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.

 

MEDICAL WARNING, DISCLAIMER, AND RELEASE

 

The content of and products sold within aprilhamiltonfitness.com are provided for information purposes only. While obtained from sources that April Hamilton Fitness believes to be reliable, April Hamilton Fitness does not guarantee the accuracy of, or assume any liability for, the content of any articles, blogs, product descriptions, calculations or other materials on the site. April Hamilton Fitness does not guarantee or warrant any specific test, product, calculation, or procedure presented on the site, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATED THERETO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. Reliance upon any information or use of any products presented on the aprilhamiltonfitness.com site is solely at your own risk. Neither the content of, nor any service or product offered on or through aprilhamiltonfitness.com and/or April Hamilton Fitness, should be relied upon for medical diagnosis, treatment or as a substitute for professional medical advice. April Hamilton Fitness is not engaged in the rendering of medical advice or services. Never disregard medical advice or delay seeking such advice because of something that you read on aprilhamiltonfitness.com or in a product you purchased or obtained from aprilhamiltonfitness.com and/or April Hamilton Fitness. By your use of this site, you certify that (1) you have read and agree to the above terms; (2) you have received consent from your physician to participate in these activities and use these products; (3) acknowledge that you do so voluntarily and at your own risk; and (4) agree to release and relieve April Hamilton Fitness of any and all liability for any injuries, claims or damages arising out of your use thereof.

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ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
 

INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless April Hamilton Fitness and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

CONTACT INFORMATION

 

Questions about the Terms and Conditions should be sent to us at april@aprilhamiltonfitness.com