Last Modified: October 9, 2023

Introduction

Welcome to k7fit.com (the "Site"), including its sub-domains, affiliated websites, and applications, all of which are owned and operated by Vida Personal Training, LLC, a limited liability company based in Columbus, Ohio ("Vida Personal Training," "we," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our online coaching services and the content available on our website.

By accessing or using the Site, you affirm that you have the right, authority, and capacity to enter into these Terms. If you are under 18 years old, your parent or legal guardian must read, understand, and agree to these Terms on your behalf before you access and use the Site. If you do not agree to these Terms or have not obtained your parent or legal guardian's consent, do not access or use the Site. In no event may you access or use this Site if you are under the age of 13.

Your access to and use of the Site constitutes acceptance of these Terms.

Changes to the Site or Terms

k7fit.com reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) at its sole discretion with or without notice to you. You agree that k7fit.com will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

k7fit.com further reserves the right, at any time, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site, the Content, or any other matter, in its sole discretion. Any modification to the Terms shall become effective when posted. ANY ACCESS TO OR USE OF THIS SITE OR ANY CONTENT BY YOU AFTER THE POSTING OF THE REVISED TERMS SHALL CONSTITUTE YOUR AGREEMENT TO SUCH REVISED TERMS. No modification to these Terms shall be valid or enforceable against Vida Personal Training unless expressly agreed to by Vida Personal Training in a writing signed by a duly authorized officer of Vida Personal Training.

Term and Termination

These Terms will remain in full force and effect while you access and use the Site. Vida Personal Training may terminate these Terms or discontinue operation of the Site without notice to you, at any time and for any reason, in our sole discretion, without liability, including but not limited to if you breach any of these Terms. In the event of termination of these Terms with respect to you, you will no longer be authorized to access or use the Site or any Content.

In the event of a termination of these Terms or termination of your access to and use of the Site, Sections 3 through 14 of these Terms shall survive and continue in full force and effect. Further, all rights granted by you shall remain in full force and effect, and Vida Personal Training shall be permitted, but shall not have any obligation, to delete any of your personal data collected in the operation of the Site unless otherwise required by law.

License; Site Content

License:

Subject to these Terms, Vida Personal Training grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, non-commercial use. Unauthorized access to or use of the Site or the Content is a breach of these Terms and may be a violation of law.

Site Content:

Unless specifically permitted herein, no information, materials, files, videos, or other content (collectively “Content”) comprising, contained in, or distributed through the Site may be reproduced in any form or used by you without the prior written consent of Vida Personal Training. The Site and the Content found therein are the property of Vida Personal Training, its licensees, and/or licensors. The Site and the Content are protected by copyright laws and international treaty provisions. You acknowledge that Vida Personal Training or its business partners, licensees, or licensors (as applicable) own and shall retain the exclusive right, title, and ownership in and to all copyrights, trade secrets, trademarks, and other intellectual property and proprietary rights in the Site and all Content. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site or any of the Content. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, disassemble, decompile, attempt to obtain the source code of, grant a security interest in, publicly perform, publicly display, transfer, or exploit the Site, the Content, any technology, or software relating thereto, or any portion of any of the foregoing. All copyright, trademark, or other proprietary notices on the Site or any Content must be retained and displayed at all times.

Refund Policy

Refunds for purchases made through Company’s website are as follows:

Books, E-books, Recordings & Audio Tracks: No refunds are available for purchases of books, e-books, records, & audio tracks.Vida Personal Training: We are so confident that you will reap the rewards and benefits of your purchased program if you put it into action that we offer the following action-based refund policy: if you follow the following action-based requirements related to the program, and document the actions taken to fulfill these requirements and are still not satisfied with the results of your program, a refund may be issued subject to the following terms. Please note that we will require proof of action taken consistent with the program. Under no circumstances will any refund be issued after 30 days. If you have purchased the program by making a one-time payment, you may request a refund within 30 days of purchase, by showing that you have completed 5 courses. To request a refund, please contact us via email at [email protected] with “Hassle-Free” in the subject line and submit the above information. If you have purchased the program by payment plan or making a recurring payment, you are not eligible for a refund but may request cancellation of future payments (no later than at least 2 days prior to your next payment date).

DISCLAIMER OF WARRANTIES AND REPRESENTATIONS

**THE SITE AND THE CONTENT CONTAINED IN AND DISSEMINATED FROM THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE (ALL OF SUCH IMPLIED WARRANTIES AND REPRESENTATIONS BEING HEREBY EXPRESSLY DISCLAIMED). YOU ASSUME THE ENTIRE RISK (i) AS TO YOUR ACCESS TO AND USE OF THE SITE, AND YOUR SELECTION AND USE OF ANY CONTENT OBTAINED THROUGH OR FROM THE SITE; AND (ii) THAT THE SITE AND/OR THE CONTENT WILL MEET YOUR REQUIREMENTS, BE ACCURATE OR RELIABLE, HAVE ANY LEVEL OF QUALITY OR MEET YOUR EXPECTATIONS. VIDA PERSONAL TRAINING MAKES NO WARRANTY OR REPRESENTATION THAT YOUR ACCESS TO AND USE OF THE SITE OR THE CONTENT WILL BE UNINTERRUPTED, VIRUS FREE, ERROR-FREE, OR COMPLETELY SECURE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM HARDWARE OR SOFTWARE, OR FOR ANY LOSS OF DATA OR OTHER DAMAGES, RELATING TO YOUR ACCESS TO AND USE OF THE SITE OR THE SITE OR CONTENT. NO ADVICE, INFORMATION OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM, THROUGH OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT, WILL CREATE OR PROVIDE ANY WARRANTY OR REPRESENTATION ON THE PART OF VIDA PERSONAL TRAINING OR ANY OF THE HASHTAG AGENT PARTIES (AS HEREINAFTER DEFINED).

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, the liability of Vida Personal Training Parties shall be limited to the greatest extent permitted by applicable law.

USER CONDUCT; PROHIBITED ACTIVITIES

You agree that you shall not post, publish, submit or otherwise disseminate through the Site any content or other information:

that is known by you to be false, inaccurate or misleading; that violates, infringes or misappropriates any third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right; that violates any law, statute, regulation, rule or ordinance (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)that is, or may reasonably be considered to be, defamatory, libelous, hateful, profane, abusive, racially, religiously, or otherwise biased or offensive, unlawfully threatening or unlawfully harassing to any individual or entity, or otherwise contains foul language; that contains any computer viruses, worms or other potentially damaging computer programs or files.

In addition to the foregoing, you agree not to:

Download or upload any content or material that you know or reasonably should know cannot be legally obtained in such manner; Restrict or inhibit any other user from using and enjoying any area within the Site; Collect or store personal information about other users of the Site, or submit personal data on the Site without their express permission and authority to do so; Attempt to access or use the Site or the Content after your access or use has been terminated; Affect the way the Site displays Content (including any pages contained therein) other than through adjustments to your browser or display settings to facilitate your personal viewing of the Site; Use any automated means to access or use the Site or to collect any Content contained therein; Modify or create variant versions of the Vida Personal Training name, trademark, indicia or logos; Interfere with or disrupt the Site or the infrastructure; Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate your presence on the Site; Take any action that imposes an unreasonably or disproportionately large load on the Site or its infrastructure; Engage in any acts or omissions that could constitute a violation of applicable laws, statutes, regulations, rules or ordinances.

You agree to notify us if you suspect any activity in violation of these Terms and cooperate with our investigation of such violation.

THIRD-PARTY LINKS

The Site may contain links to third-party websites and services for third parties (collectively, “Third-Party Links”). Such Third-Party Links are not under the control of Vida Personal Training, and Vida Personal Training is not responsible for any Third-Party Links. Vida Personal Training provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. Your interaction with all Third-Party Links is at your own risk. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

COPYRIGHT AND TRADEMARK INFORMATION

© Vida Personal Training, LLC 2023. All rights reserved.

Your use of any trademarks, service marks, branding, logos, and designs owned or licensed by Vida Personal Training is prohibited without the prior written consent of Vida Personal Training or the consent of the third party that owns the trademark.

PRIVACY

Certain information collected from you or about you in the course of your access to or use of the Site is subject to our Privacy Policy (located

HERE

), which is incorporated into these Terms by reference and may be revised from time to time as provided therein. You acknowledge, agree and consent to the information collection, distribution and other terms, conditions and matters set forth in the Privacy Policy.

NOTIFICATIONS

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through email, if you have previously provided your email address to us. If you do not provide us with accurate information, we cannot be held liable if you do not receive notice.

GOVERNING LAW AND JURISDICTION

The Site is controlled and managed by Vida Personal Training from its offices in the United States and is targeted to the United States. These Terms shall be governed by and construed in accordance with the laws of the State of California, without reference to its conflicts of laws principles.

You must not access or use the Site or the Content in countries where it is restricted, prohibited, or limited by local law, regulations, codes, or customs. Vida Personal Training makes no warranty or representation that the Site or the Content is appropriate or available for access or use in locations outside the United States.

USERS OUTSIDE OF THE UNITED STATES

If you (a) are using the Site from a country embargoed by the United States, (b) are on the United States Treasury Department’s list of “Specially Designated Nationals,” or (c) are on the U.S. Commerce Department’s Table of Deny Orders, you agree that you will not conduct any commercial activities using or through the Site and will not otherwise use the Site or any related services in violation of United States export control laws or regulations.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VIDA PERSONAL TRAINING, ITS SUBSIDIARIES AND AFFILIATES AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, TRUSTEES, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS, CONTRACTORS, SUPPLIERS, LICENSORS AND/OR LICENSEES, OR ANY OF THEIR RESPECTIVE SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “VIDA PERSONAL TRAINING PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON A BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, ACTS OF GOD OR ANY OTHER EXTRINSIC ACTS OF THIRD PARTIES OUTSIDE OF THE CONTROL OF VIDA PERSONAL TRAINING, OR ANY OTHER LEGAL THEORY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT ANY OF THE VIDA PERSONAL TRAINING PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL VIDA PERSONAL TRAINING'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SITE OR THE CONTENT EXCEED ONE HUNDRED U.S. DOLLARS (US$100.00). YOU AGREE THAT THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VIDA PERSONAL TRAINING AND YOU. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Vida Personal Training Parties from and against any and all claims, liabilities, penalties, fines, forfeitures, demands, obligations, losses, costs, expenses, damages, suits, actions, judgments, settlements, and/or disbursements of any kind or nature whatsoever, whether threatened, pending, or asserted by any third party (collectively, “Claims”) arising out of or relating to (i) your breach of these Terms or the documents referenced herein, (ii) your violation of any law, statute, ordinance, order, regulation, or rule, (iii) your violation of the rights of a third party, including but not limited to intellectual property rights, or (iv) your use or misuse of the Site or the Content. You shall be responsible for all costs, expenses, and liabilities incurred by Vida Personal Training in the defense of any Claim, including, without limitation, attorneys' fees and costs. You shall not settle any Claim without the prior written consent of Vida Personal Training.

MISCELLANEOUS

Entire Agreement: These Terms constitute the entire agreement between you and Vida Personal Training with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications, or agreements not specifically incorporated herein. Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be strictly enforced to the fullest extent permitted by applicable law, and the remaining provisions shall not be affected. No Waiver: The failure of Vida Personal Training to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Force Majeure: Vida Personal Training shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Vida Personal Training’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. Relationship of the Parties: The relationship between you and Vida Personal Training is that of independent contractors, and not legal partners, employees, or agents of each other. Assignment: These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Vida Personal Training’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Notices: All notices and other communications required or permitted to be given under these Terms must be in writing and will be deemed to have been duly given if delivered personally, transmitted by electronic mail, or mailed by first-class, registered, or certified mail, postage prepaid, to the addresses or email addresses specified by you and us in these Terms or the Privacy Policy or such other address as the party to be notified may have provided to the other party in writing.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Vida Personal Training, LLC

[email protected]

1491 Polaris Pkwy #306, Columbus, OH 43240

By accessing and using k7fit.com, you agree to these Terms and Conditions. Please read them carefully and reach out to us if you have any questions or concerns.