Terms & Conditions

Endorphitness Online LLC and endorphitness.com Terms & Conditions

Please read these Terms & COnditions carefully and in their entirety before using endorphitness.com (hereinafter referred to as the “Site”). The Site and its content are owned by Endorphitness LLC.

Purpose: These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing and/or browsing the Site and/or purchasing or downloading any Program, Service or Product offered on or by us of the Site.

By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read (or had the opportunity to and chose not to), understood, and consented to these Terms & Conditions. If you have any questions, please contact us at haley@endorphitness.com

You must be 18 years or older to be able to consent to these Terms & Conditions. If you are under the age of 18, or do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this site or its Content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.

These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph No.18 and voluntarily waive your right to a jury trial.

By proceeding on the Site, you hereby agree to the following:

  1. Definitions

“Company”, “We”, “I”, “Our”, and/or “Us” means Endorphitness Online LLC, Endorphitness, Haley Rowe (personally and as the Owner of Endorphitness Online LLC), and endorphitness.com

“Content” means any and all written, visual, video. Or audio information contained on endorphitness.com, including, but not limited to, any and all emails received from Haley Rowe, Endorphitness Online LLC, or endorphitness.com, and any and all written or downloadable material purchased, viewed, or otherwise offered on endorphitness.com, such as blog posts, graphics, designs. Guides. Forms, documents, information, templates and materials.

“Personal Information” means information that can be used on its own or in conjunction with other information to identity. Contact, or locate a single person, or identify an individual in context. For example, personal information includes your name, address, email address, telephone number, etc.

“Site, Programs, Services and Products” means endorphitness.com, Content, email list, social media posts, blog posts, programs, coaching services, subscriptions, eBooks, guides, forms, website materials, workbooks, workout programs, and/or documents available on the Site.

“Site” means endorphitness.com and any/all of it’s pages, tabs or subpages.

“You” and/or “Your” means the user, customer. Or viewer of the Site.

  1. Consent:

By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, our Privacy Policy and Disclaimer.

By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years of age. Any use of, or access to, the Site and it’s Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and our Privacy Policy.

  1. Site Rules:

By using the Site and/or making any Purchase, you hereby agree & consent to:

  • Abuse or harass any person through or on the Site.
  • Post or transmit obscene, offensive, libelous, defamatory, pornographic or abusive content, as well as content that infringes our intellectual property rights or those of another person, website or company.
  • Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.
  • Post or transmit any “spam” or unwanted, unsolicited content.
  • Post copyrighted materials, photographs, or content which do not belong to you.
  • Promote or sell your own content, services, or products through the Site, or the content, services, or products or anyone else other than us.
  • Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.

  1. Disclaimer:

By using the Site, you understand that we are a Health and Fitness Coach and Exercise Scientist. We are not a nutritionist, therapist, or licensed medical professional, and therefore you need to discuss and clear any and all changes to your lifestyle, food intake, exercise regimen, or medical treatment with your physician before implementing changes or habits suggested by us. You must discuss any and all changes to your diet, exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. Our Content is for informational and educational purposes only, and is based on our personal experience.

  1. Your Consent to These Terms & Conditions:

By using this Site, or Purchasing, Downloading from our Site, Programs, Services and/or Products, you implicitly and voluntarily agree to use these Terms & Conditions as stated herein.

  1. Changes to these Terms & Conditions

We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site. read or implement its Content, or Purchase or Download anything from us.

  1. Links to Third-Party or External Websites:

The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please not we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle you personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or Terms & Conditions.

  1. Intellectual Property Ownership:

The Site and its Content are intellectual property solely owned by Endorphitness Online LLC. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

  1. Our Limited License to You:

If you view, access, or Purchase the Site, Programs, Services and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Programs, Services, and/or Products have been written, created, drafted, invented and developed by us after significant investment of time, money, education, and hard work. The Site, Programs, Services and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Programs, Services and/or Products very seriously.

You may not use the Site, Programs, Services and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions or our Privacy Policy or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.

  1. Your License to Us:

By commenting on the Site or submitting documents to Endorphitness Online LLC via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.

  1. Purchase & Access Terms:

During the course of your use, Purchase, and/or Download from the Site, Programs, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.

  1. Sharing the Site & Its Content:

You must request and receive written permission by email haley@endorphitness.com before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Endorphitness Online LLC.

  1. 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 client 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.

  1. DISCLAIMER – No Warrantees, Guarantees, or Representations Are Being Made:

We do not offer any warranties, of any variety, regarding the Site, Programs, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Programs, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.

  1. Your Release of Us:

By using the Site or Purchasing, Downloading, or using Endorphitness Online LLC Programs, Services, and Products, you agree to release, forgive, and forever discharge Endorphitness Online LLC its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

  1. Errors & Omissions:

Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Endorphitness Online LLC does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.

  1. Our Refund Policy:

We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued 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 Haley at haley@endorphitness.com.

  1. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Site or Endorphitness Online LLC’s Programs, Services, and/or Products, please contact us directly first by emailing Haley at haley@endorphitness.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Endorphitness Online 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 10 miles of Naples, FL.

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 Florida. The only award that can be issued to you is a refund of any payment made to Endorphitness Online LLC for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.

  1. Consent to Governing Law:

These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Florida.

  1. Consent to Jurisdiction:

You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Florida or a state court located within the State of Florida in connection with any matter arising out of these Terms & Conditions, Privacy Policy, Disclaimer, or as a result of your use, Download, or Purchase from the Site, Programs, Services, and/or Products.

  1. Consent to Service:

You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Florida for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Florida.

  1. Payment & Purchases:

When you Purchase or Download one of our Programs, Services, and Products from us or the Site, you may pay by PayPal, credit card, Stripe and/or bank account. By doing so, you give Endorphitness Online LLC permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.

If you elect the installment or “pay over time” option at checkout, you agree that Endorphitness Online LLC has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.

If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Programs, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.

We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Programs, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.

  1. Limitation of Liability:

Endorphitness Online LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Programs, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you.

Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

  1. Defense & Indemnification

You shall, at all times, indemnify, defend, and hold harmless Endorphitness Online LLC, Haley Rowe, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Endorphitness and Haley Rowe (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.

  1. Termination of Your Use

At our sole discretion, we are permitted to terminate your use or access to the Site, Programs, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy, Disclaimer, or any other terms to which you have agreed to.

  1. Entire Agreement

These Terms & Conditions, our Privacy Policy, and Disclaimer, constitute the entire agreement between you and us with respect to the Site, Programs, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.

  1. Severability

The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no affect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

  1. The Site and Permitted Uses:

The Site provides a variety of videos, how-to’s, written descriptions, charts, and other information on fitness programs and diets (collectively, the “Site Content”).

The Site can only be used for your own personal purposes. To ensure that the Site and the Site Content are available for all users to enjoy, you represent, warrant, and covenant that you will not permit or enable a third party to do any of the following: (1) violate these Terms; (2) make commercial use of the Site that is designed to monetize the login process, the collection and use of any personal information provided by other users, or access to the Site Content; (3) use the Site for any purpose that is unlawful, infringing, harmful, threatening, tortious, defamatory, libelous, abusive, obscene, invasive of another’s privacy, hateful, fraudulent, or malicious; (4) harass or advocate harassment of another person; (5) transmit “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; (6) involves the sending of any virus, Trojan horse, worm, harmful code, shutdown mechanism or similar mechanism; (7) promote information that you know is false, misleading, or promotes illegal activities or conduct; (8) interfere with or disrupt the Site or any server or network involved with the operation of the Site; (9) collect or harvest from the Site the names of other users for the purpose of transmitting to those other users unsolicited commercial messages; (10) access or attempt to access any portion of the Site or the Site Content by any means other than through the Website or Site or use automated tools to operate the Site (i.e. scripts, robots, etc.); (11) resell, rent, loan, or sublicense the Site or Site Content; or (12) otherwise violates any local, national or other applicable law or regulation.

If you become aware of any unauthorized use of the Site or Site Content, you must immediately notify us in writing at haley@endorphitness.com. In the event that the unauthorized use occurred through your account by a third-party, you will take all steps necessary to terminate such unauthorized use and cooperate with us as may be reasonably requested to stop the unauthorized use.

ANY USE OF THE SITE THAT IS NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED AND MAY RESULT, IN OUR SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT WITHOUT ISSUANCE OF A REFUND.

  1. Subscription fees, Payment Terms, and Refund Policy for Site

The fees charged for access to the Site are referred to as Subscription Fees. To access the Site Content, you will be subject to monthly Subscription Fees in accordance with a fee schedule made available on the Site. You will be required to submit payment monthly in advance to access the Site. Payment of Subscription Fees will be conducted automatically on a monthly basis. If payment of a Subscription Fee is not successful for any reason, your access to the Site will be suspended until we can collect payment from you. If we are unable to effect automatic payment via your credit card, we will attempt to notify you via email. Since the Site is delivered in full at the beginning of the subscription period, amounts paid for the Site under these Terms are generally not refundable.

We will publish a fee schedule on the Site for your review. These fees are subject to change from time to time in our sole discretion and we will use good faith efforts to notify you via email or some other means prior to effectuating a change to the fee schedule.

As a condition of using the Site, you must provide us with payment. Payment for the Site must be made by a valid credit card or credit card and having sufficient payment to cover the subscription fee as charged to you. Other forms of payment, including cash, check, wire transfer, or other trade format will not be accepted as payment. You are solely responsible for paying amounts billed by use to your credit card for the subscription fees. All fees are payable in U.S. dollars. Any payments made by credit card are subject to the approval of the financial institution that issued the credit card.

Subscription periods are for terms of monthly. Once the initial subscription period has expired, your contract will be renewed automatically for the same term at the rates then in effect. In order to maintain your access to the Sote, you hereby agree that we may continue to process your payments on the credit card you provided for your latest payment. If, before the end of the initial term of service you do not wish to continue renewing your contract, you must advise us in writing within 30 days.

  1. Your Privacy & Security on the Site:

Please read our Privacy Policy for how we handle your personal information.

  1. Contact

If you have any questions or concerns regarding these Terms & Conditions, you may contact us

using the following information:

  • Website: endorphitness.com
  • Email: haley@endorphitness.com
  • Business Address: N/A

Updated on May 19, 2021