Terms of Use for TransformHQ

TransformHQ.com (“Site”) is the property of Transform Management LLC (“Us” or “We” or “Our” or “Company”).  Please carefully read the following Terms of Use (“Terms”) fully before accessing and using the services on the Site including but not limited to The Transform App Mobile Application (“App”), content, materials, information, goods, and products (“Services”). By accessing and using this Site, the User (“You” or “Your”) unconditionally agree to be bound by these Terms and all policies and procedures that may be published from time to time on the Site, without notice to you. If you do not agree with these Terms and all the policies and procedures, do not access or use the Site. Suitability. You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. Further, the Services are offered only for your use, and not for the use or benefit of any third party. ‍Notice to Parents and Guardians. You are responsible for monitoring and supervising your child's use of the Services. If your child is using the Services and is under age 18, please contact us immediately so that we can disable his or her access. Content and Copyright. For purposes of these Terms, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (All Content) added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. ‍Use License. Subject to these Terms of Use, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable personal license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party's right. As between you and us, we shall own all title, ownership rights, and intellectual property rights in and to the Services, and any copies or portions thereof. ‍Grant by User.  By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after the termination of your Account or the Services. You also hereby do and shall grant each user of the Site and/or the Services who has access to your User Content a non-exclusive, perpetual license to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after the termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any Content from the Services. ‍Transform DMCA Copyright Policy. The Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy. ‍Procedure for Reporting Copyright Infringement. If you believe that material or content residing on or accessible through the Site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed identification of works or materials being infringed, identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that the Company is capable of finding and verifying its existence. Contact information about the notifier including address, telephone number and, if available, email address; A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Please contact the Designated Agent to Receive Notification of Claimed Infringement for Transform at support@thetransformapp.com Transform Management, LLC ATTN: Tew Green 885 S Auto Mall Dr. Unit D American Fork, UT 84003 1-888-721-7890 ‍Use of the Service. A portion of the Services provided to You by the Site is guidance and information on how to improve your fitness, health, and nutrition, and support your weight loss. THE SERVICES ARE NOT A MEDICAL ORGANIZATION OR MEDICAL DOCTORS OR PROFESSIONAL COUNSELORS.  FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON THIS GUIDANCE AND INFORMATION AS PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BEFORE BEGINNING THESE SERVICES, YOU SHOULD CONSULT A PHYSICIAN. THIS IS PARTICULARLY TRUE BUT NOT LIMITED TO, IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY, HAVE DIABETES, ARE OBESE, HAVE ARTHRITIS OR ARE PREGNANT, BREASTFEEDING, OR LACTATING. Our recommended workout plans, exercises, and meal plans even if they are tailored to you, should not be misconstrued as medical advice, diagnosis or treatment. ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL BEFORE STARTING ANY DIET, EXERCISE PROGRAM OR DIETARY SUPPLEMENTS. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN, SEVERE DISCOMFORT OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY AND CONSULT A MEDICAL EXPERT PRIOR TO RETURNING TO EXERCISING. THE USE OF ANY INFORMATION OR PROGRAMS PROVIDED ON THE SERVICES IS SOLELY AT YOUR OWN RISK. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK. You should be aware that there are inherent physical and mental health risks to exercise, including the risk of injury or illness. By accessing the Services, you acknowledge and agree that your performance of any and all exercises or activities recommended by the Services is wholly at your own risk. Neither the Company, Chris Powell, Heidi Powell, nor any of its trainers will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from your participation in any of the Services. While we may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as there is a risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly and to consider consulting with a qualified coach, instructor, personal trainer, or physical therapist, especially if you are new to any of the forms of training or activity you seek to perform. ‍Third-Party Services. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. The Services may also permit you to connect to third-party hardware and equipment. When you access third-party resources, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, resources, hardware or equipment. The inclusion of any such link or connection does not imply our endorsement or any association between us and their providers. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website, resource or hardware or equipment. ‍Rules of Conduct. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that: Infringes any patent, trademark, trade secret, copyright, the right of publicity or other rights of any other person or entity or violates any law or contractual duty. Is false, misleading, untruthful or inaccurate, is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, otherwise harms a third party, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"); Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; Impersonates any person or entity, including any of our employees or representatives; or includes anyone's identification documents or sensitive financial information. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Applications or the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, (iii) copy, rent, lease, distribute, use the Services for timesharing or service bureau purposes or otherwise transfer any of the rights that you receive hereunder, or (iv) remove or obscure any proprietary notices on the Services. You shall abide by all applicable local, state, national and international laws, and regulations. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public. ‍Account Creation. To sign up for the App or to purchase a Service, you must create an account. You must provide accurate and complete information and keep your Account information updated. Failure to do so shall constitute a breach of these Terms. A breach of these Terms may result in immediate termination of your account. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. Transform reserves the right to refuse registration of, or cancel an Account in Transform's discretion. You shall have the ability to delete your Account through a request made at support@thetransformhq.com or call Customer Support at 1-888-721-7890 By creating an account you permit us to access certain information from your profile on Facebook or any other such third-party services for use by the Services. By using the Services, you are authorizing us to collect, store, retain, and use indefinitely, in accordance with our Privacy Policy, any and all information that you permitted Facebook or any other such third party services to provide to us. ‍APP PAYMENTS AND BILLING Recurring Billing. The purchase of the App consists of an initial charge, followed by recurring period charges as agreed to by you. Special discounted pricing applies to the first billing cycle only. All recurring charges will be charged at the standard subscription price. By choosing a recurring payment plan, you acknowledge that such Services have a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. ‍App Subscriptions: The site offers monthly, quarterly, and yearly subscription options. For the purposes of our monthly, quarterly, and yearly subscriptions, a month constitutes 30 calendar days, a quarter constitutes 90 days, and a year 365 days. Monthly App Subscription. This subscription is paid in monthly installments. For each month that your subscription is active, you acknowledge and agree that the company is authorized to charge the same payment method that was used for the initial subscription purchase. You will be charged the standard monthly subscription fee ($14.99), even if your initial charge was discounted. The renewal subscription fees will continue to be billed to the Payment Method you provided, automatically each month until canceled. You must cancel your subscription within 24 hours before it renews each month in order to avoid billing the next subscription fee to the payment method you provided. Refunds cannot be claimed for any partial-month subscription period. ‍Quarterly App Subscription. This subscription is paid in quarterly installments. For each quarter that your subscription is active, you acknowledge and agree that the company is authorized to charge the same payment method that was used for the initial subscription purchase. You will be charged the standard quarterly subscription fee ($38.99), even if your initial charge was discounted. The renewal subscription fees will continue to be billed to the payment method you provided, automatically every 3 months (quarterly) until canceled. You must cancel your subscription within 24 hours before it renews each quarter in order to avoid billing the next subscription fee to the payment method you provided. Refunds cannot be claimed for any partial-quarter subscription period. ‍Yearly App Subscription. This subscription is paid in yearly installments. For each year that your subscription is active, you acknowledge and agree that the company is authorized to charge the same payment method that was used for the initial subscription purchase. You will be charged the standard yearly subscription fee ($119.99), even if your initial charge was discounted. The renewal subscription fees will continue to be billed to the Payment Method you provided, automatically every year until canceled. You must cancel your subscription within 24 hours before it renews each quarter in order to avoid billing the next subscription fee to the payment method you provided. Refunds cannot be claimed for any partial-year subscription period. Trial Period. Our site does currently offer a free 7-Day trial period. You will be charged the agreed-upon amount after the 7-Day trial period is over. You can also find a free trial period through iTunes or Google Play, however, if you sign up through the Apple App Store or Google Play Store, your account information will be held in their systems and our customer care team will not have full access to your account and payments. Signing up directly through our website (transformhq.com) will ensure that our customer care team can always assist with your account, and you will be able to take advantage of special discounts and sales that iTunes and Google do not offer. ‍NOTICE: THE COMPANY HAS THE RIGHT TO UPDATE OR RELEASE A NEW VERSION  OF THE APP WITHOUT NOTICE TO YOU. IN THE EVENT OF AN UPDATE OF THE APP OR A VERSION CHANGE YOU AGREE THAT THE UPDATES OR VERSION CHANGE WILL CONSTITUTE THE APP AS DEFINED AND YOUR USE OF THE APP WILL INCLUDE THE UPDATES OR IN EVENT OF A VERSION CHANGE THE VERSION OF THE APP YOU WILL HAVE ACCESS TO WILL BE THE NEW VERSION. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT TRANSFORMHQ.COM. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE. ‍Reaffirmation of Authorization. Your non-termination or continued use of the App reaffirms that we are authorized to charge your Payment Method. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the App. ‍Prices for the App. All prices shown are for the United States and shown in USD. Apple and Google Device and App Terms. As you are accessing the App on a site provided by Apple Inc. or Google Inc. (collectively “App Stores”) the following shall apply: Both you and the Company acknowledge that these Terms are concluded between you and the Company only, and not with the App Stores , and that App Stores are not responsible for the App or the Content. The App is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the Terms as they are applicable to the Services; You will only use the App in connection with a device that you own or control. You acknowledge and agree that the App Stores have no obligation whatsoever to furnish any maintenance and support services with respect to the App In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify App Store of such failure; upon notification. The App stores sole warranty obligation to you will be to refund to you the purchase price, if any, of the App. You acknowledge and agree that the Company and not the App Stores is responsible for addressing any claims you or any third party may have in relation to the App. You acknowledge and agree that in the event of any third party claim that the App or your possession and use of the App infringe that third party's intellectual property rights, the Company and not the App Stores, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and that you are not listed on any U.S. Government list of prohibited or restricted parties. Both you and the Company acknowledge and agree that, in your use of the App, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and both you and the Company acknowledge and agree that the App Stores and their subsidiaries are third-party beneficiaries of these Terms and that upon your acceptance of these Terms. The App Stores will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof. ‍UPDATE, CHANGE OR CANCEL YOUR ACCOUNT AND APP SUBSCRIPTION Update, Change or Cancel Your Account and App Subscription. TransformHQ.com Customers: If you registered and paid through the Site you can manage your account online. 1. Go to transformhq.com 2. Click “My Account” icon on the top right of the homepage. Then click Managed Transform App Subscription 3. Click "Login to Transform App" and Sign in to your account using the method you used when signing into the App 4. Once signed in you can choose to: update your payment method, update your App Subscription, or cancel your App Subscription ‍Your App Subscription automatically renews if it is not canceled 24 hours before the end of the current subscription period.  You will be charged for the next subscription period up to 24 hours prior to the current subscription expiring.Apple App Store Customers: If you registered and paid inside your iTunes account all charges, payments, and subscriptions of the App are managed directly by Apple. On your iPhone go to your phone’s SETTINGS and follow the steps below: 1. Select ‘iTunes & App Store’ 2. Select ‘Apple ID’ 3. Select ‘View Apple ID’ in the popup 4. Select ‘Subscriptions’ 5. Select ‘Transform’ 6. Select ‘Cancel Subscription’ ‍Your App Subscription automatically renews if it is not canceled 24 hours before the end of the current subscription period.  You will be charged for the next subscription period up to 24 hours prior to the current subscription expiring. Google Play Customers: If you registered and paid inside your Google Play store all charges, payments, and subscriptions of the App are managed directly by Google. 1. Open the Google Play Store 2. Tap Menu > My Apps > Subscriptions 3. Find the subscription you want to cancel and click on it. 4. Tap Cancel ‍Your App Subscription automatically renews if it is not canceled 24 hours before the end of the current subscription period.  You will be charged for the next subscription period up to 24 hours prior to the current subscription expiring. Subscribe & Save Program. As a member of the Subscribe & Save Program, you will lock in 30% off the everyday price of Chris and Heidi’s Meal Replacement Shakes, and Boost Shot and receive free shipping on the product you ordered with Subscribe & Save. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account (your “Account”) for use of the Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Services, you agree to pay us, through the Payment Processor, all charges in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other providers of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. Recurring Billing. The purchase of the Products in the Subscribe & Save Program consists of a 30 day period, for which there is a one-time charge, followed by recurring period charges each 30 day period By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Each month you will receive the products at your locked-in at your discounted rate. Of course, you can cancel, reschedule or customize future shipments.  Unless you cancel your next shipment within 30 days, the credit card you provide on your first purchase will be charged automatically at the same price you paid on your initial order. Product Cancellations & Modifications Processing and shipping your orders begin just minutes after your order is approved so that you get your order in the shortest amount of time. Therefore, as soon as your order is placed, we can not process any cancellations. We urge you to please review your orders for accuracy thoroughly before completing them, especially making your “ship to” address is correct. Shipping and Handling. Company will add applicable shipping and handling fees to any orders of physical items that require shipment to you, based on the need, occasion, and current shipping and handling rates. Company is not liable for any loss, damage, cost, or expense related to shipment issues. All shipments are processed at Company’s earliest convenience, and any shipment information, arrival date, or delivery date provided is a good faith estimate, and should not be construed as a binding obligation upon Company. All orders placed on or purchased from the Site are delivered to shipment carriers. Company shall not be held responsible for the loss or delay of any items, as the responsibility for shipment of items is transferred exclusively to the carrier.  Please see the Customer Service Page for more information regarding returns, refunds, guarantees, and warranties. Exchanges If you would like to exchange your unused product for a different variation, please email support@transformhq.com for exchange instructions. Exchanges will only be honored if the product being exchanged is unused sealed and in its original packaging. Please note, the product must be back to us within 30 days of the purchase date. Shipping costs associated with an exchange are nonrefundable. Disclaimer of Warranties Section






Indemnification ‍You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees including without limitation our trainers, Chris Powell, Heidi Powell, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. Limitations of Liability ‍IN NO EVENT SHALL WE, CHRIS POWELL, HEIDI POWELL, NOR OUR MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, VENDORS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES: 1. FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), 2. FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR 3. FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. ‍ARBITRATION NOTICE AND CLASS ACTION WAIVER ‍EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court rules and if within such court's jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. If the prohibition against class actions and other claims brought on behalf of third parties contained above are found to be unenforceable, then all of the preceding languages in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us. ‍GOVERNING LAW AND  JURISDICTION ‍These Terms of Use shall be governed by and construed in accordance with the laws of the State of Arizona, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Use shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Phoenix, Arizona. ‍MODIFICATION ‍We reserve the right, in our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes. ‍MISCELLANEOUS  ENTIRE AGREEMENT AND SEVERABILITY ‍These Terms are the entire agreement between you and us with respect to the Services, including use of the Applications and the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services, and all modifications to these Terms must be in writing and signed by both parties, except as otherwise provided herein. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). Any cause of action you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. ‍Assignment: These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. ‍Agency: Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Transform Management, and you do not have any authority to create any obligation or make any representation on the Company’s behalf. You may not assign this agreement, by operation of law or otherwise, without the Companies written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and [Company] and their respective successors and assignees. ‍Notices: Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to support@transformhq.com ‍No Waiver: Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. ‍Headings: The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
Updated 6/7/2021

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