Carrie B. Wellness Terms of Use

The website www.carriebwellness.com (hereinafter “Site”) and any content therein (defined below) is owned and operated by Carrie’s Fitness Studio, LLC dba Carrie B. Wellness a limited liability company located in Michigan (hereinafter “We” “Us” “Our”). Your continued access, use of, or purchase of any Products available for sale on the Site indicates you, the visitor, customer, purchaser, and buyer (hereinafter “you” or “your”) agree to the following Terms of Use and Privacy Policy collectively, the “Terms”). 

The Terms form a legally binding agreement between you and us—regardless of whether or not you read them. Please take the time to read them carefully. You shouldn’t visit, use, purchase, or otherwise access this Site if you don’t agree with anything We outline in these Terms. 

If you are under the age of 18, you may only use the Site with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

1. Term and Survival
   These Terms shall be effective as of the Effective Date listed above and shall remain in effect for so long as you use or access the Site (the "Term"). Upon termination of the Term, you shall no longer be permitted to use or access Our Site or any account you create to access Our products, guides, articles, resources, communities, or other materials We offer for sale or publish on Our Site. The terms herein that contemplate obligations after the Term, including but not limited to Indemnification, Warranties, Limitation of Liability, Dispute Resolution and Waiver of Class Action, Non-disparagement, and Severability, shall survive termination.
   
   
   1. Changes to the Terms and Your Obligation to Check Back for Updates
      From time to time, We may update the Terms of Use and Privacy Policy to our Site without notice. As such, you acknowledge and agree that you are responsible for checking the Terms for any updates or amendments. By continuing to use Our Site and accessing the Content contained therein, you agree to be bound by the most updated version of these Terms and conditions, even if you have not read them.
      
      
   2. Your Access to Our Site.
      Our Site contains images, articles, blog posts, resources, Products, written works, images, logos, or designs, blog posts, written works, products, guides, resources, slides, and other materials that are unique assets that are unique assets belonging to Us or We have obtained the appropriate consents, licenses, or permissions to feature on Our Site (collectively, the “Content”). Your access to the Content on Our Site only permits you access to view and learn from the Products and Content therein on the hosting platform of Our choosing; or to download and maintain copies of any Content We permit you to download for personal use only, which We can revoke at any time. In other words, your Product purchase and access to the Content in no way conveys or transfers any rights to the Content or any other proprietary information, trademark, or logo provided or contained in the Content. Also, you cannot share the information with other people or use the Content or Products for commercial purposes (including, but not limited to selling a similar course or Product using the Content). Accordingly, We reserve and retain the right to prosecute any usage that exceeds this limited license or is inconsistent with the Terms to the full extent of the law, including all criminal charges and civil damages. For the avoidance of doubt, you accept that you are not authorized to use the Content in a manner that infringes on Our rights or in a manner that has not been authorized by Us through Our prior written consent.
      
      
   3. Content That You May Post or Share with Us and Your Release.
      Any information or feedback you share, transmit, or publish on Our Site, including the comments section of any posts, articles, community comments sections, discussion boards, or other forums We facilitate are, by design open to the public or at the very least open to other students participating or accessing the Products. By submitting your comments, you agree that such submission is non-confidential for all purposes. It is your obligation to confirm that any information you voluntarily share on Our Site’s public forums does not violate any privacy laws, or breach any confidentiality obligation you have. 
      
      By posting any information you share on the Site, you grant Us a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to your comments, which includes without limitation the right for Us to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt in any form or media now known or hereinafter developed, any comment posted by you on or to the Site, including any content you post on or to the Site through a third party.
      
      We make no representation, endorsement, or guarantee regarding the veracity, accuracy or reliability of third-party comments or content posted in the comments section or elsewhere on Our Site. While We have no obligation to remove any content posted by third parties, We do reserve Our rights to remove, delete, or hide any content on Our Site for any reason without notice, in Our sole discretion. We also reserve the right to terminate or restrict your access to Our Site. 
        
      TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF OUR SITE IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (PUNITIVE, ACTUAL, AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
      
      
   4. Prohibited Uses. 
      You agree to not engage in the following prohibited conduct while accessing the Site: 
      1. Access or use Our Site if you are not fully able and legally competent to agree to these Terms or are not authorized by your parent or legal guardian;
      2. Violate Our legal rights or rights of third parties, including, but not limited to intellectual property rights, publicity rights, privacy rights or any other rights under applicable law;
      3. Interfere with or attempt to interfere with the proper working of Our Site, disrupt Our Site or any networks connected to Our Site, bypass any measures We may use to secure Our Site, or gain access to Our data or Our Site’s data;
      4. Impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from us;
      5. Publish any material that is deliberately designed to provoke or antagonize people or is intended to harass, threaten, harm, hurt, scare, distress, embarrass or upset people; or
      6. Publish any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory.
         
         We reserve the right, at any time and without prior notice, to remove or disable access to any comments or pages within Our Site at Our discretion for any reason or no reason, including, but not limited finding the content objectionable, in violation of these Terms or otherwise harmful to Our Site, Our business partners, or other visitors or users.
         
         
   5. Affiliate Links 
      From time to time, We receive a small commission and other forms of compensation from partnering with brands, suppliers, and other business affiliates We trust. This includes, but is not limited to various advertising, sponsorship, affiliate links, and promotional campaigns that We feature on Our Site and/or provide in connection with Our Content. In those instances, We will disclose Our relationship with those partners, brands, suppliers, or affiliates to disclose Our financial relationship with you. If you ultimately decide to purchase through Our affiliate links, We may receive compensation because of that purchase.
      
      WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT ANY SITE YOU MAY ACCESS THROUGH OUR SITE. ANY SUCH SITE IS INDEPENDENT FROM US, AND WE HAVE NO CONTROL OVER, OR RESPONSIBILITY WITH RESPECT TO, THE INFORMATION PROVIDED OR ACTIVITIES UNDERTAKEN BY ANY SUCH SITE. WE WILL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY SITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, third party payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER.
      
      
   6. Purchases 
      1. Your purchase of any webinar, course, guide, coaching sessions, consultation calls, follow up calls downloads program(s), access to Our private communities (including, but not limited to the Instagram Friends Group Subscription and Full Spectrum Group Membership), or other products and the resources accompanying each (the “Products”) offered for sale the Site are made electronically through a third party payment processor of Our choice. Please be advised that by completing any purchase of Our Products using a third-party payment processor, you will be subject to that payment processor’s terms and conditions as well as their privacy policies. Therefore, you agree to release Us from any claims, damages or disputes arising from using Our third-party payment processor to purchase Our Products, including any Charges (defined below) that you incur as a result of your purchase.
      2. By purchasing Our Products you agree that: (i) We, through a third-party payment processor of Our choosing, may charge the credit card, debit card or other payment method you have chosen for your purchase for the total amount of your order; (ii) to provide current, complete and accurate purchase and account information; (iii) to promptly update your information, including your email address and credit card numbers and expiration dates, so that We can complete your transactions and contact you as needed; and (iv) to bear any additional charges, including, but not limited to, taxes, overdraft fees, and, where applicable, foreign service charges your bank, credit card company or financial service provider may levy against you as a result of your purchase on Our Site( the “Charges”). For the avoidance of doubt, We are not responsible for said Charges. You agree to release Us from any disputes, claims, or controversies regarding said Charges and agree that those claims will be resolved with your financial service provider.
      3. If you purchased a Product and are on a payment plan (where you agree to split up your payments over time), you agree that by opting for a payment plan you agree to the scheduled installment dates and amounts due, which are outlined for you at checkout. This includes authorizing us, through a third-party payment processor of Our choosing, to charge the payment method you provided Us the total amount due at the scheduled time the payment is due. You also agree that you are responsible for any Charges (defined above); and that you will Us complete and accurate payment and contact information to process your installment plan payments. 
      4. If you purchased a membership, wherein We charge you a recurring monthly fee to access Our private community, you hereby authorize Us through Our third party payment processor to charge you on a recurring basis for the amount stated until you cancel your membership (which is outlined below); that you will provide Us accurate and complete information to charge you for your membership access; and that will provide Us accurate and updated contact information to contact you, send you receipts, and update you regarding any changes or updates to the membership. You also agree that you are responsible for any Charges (defined above); and that you will Us complete and accurate payment and contact information to process your installment plan payments. Please be advised that your subscription will automatically continue at the selected interval, unless (a) you cancel your membership (outlined below); (b) you close Your Account; or (c) We terminate your membership. From time to time, We may change the stated price for Memberships or change the terms of a membership in Our sole discretion. 
      5. In the event that your payment is refused or declined, We reserve the right to disable Your Account until your payment is processed or terminate your access to Your Account in perpetuity. Your obligation to pay any outstanding balance due under a payment plan shall survive termination of this Agreement or your access to Your Account even if your payment is later declined.
      6. Notwithstanding the foregoing, We may reserve the right to not process or reject your order in certain circumstances such as, your payment method is declined, if We suspect your order is fraudulent, or in other circumstances We deem appropriate in Our sole discretion.
         
         
   7. Client Onboarding.
      1. Once your order is processed (meaning your method of payment was completed, not declined or otherwise rejected during checkout), you will receive an email confirmation of your purchase, which will include next steps to access the Product. If you do not receive an email confirmation after purchasing, please email the contact listed below.
      2. Access to Our Products requires you to create a unique username and password to log in (“Your Account”) on Our Site. By creating Your Account, You agree to treat Your Account as a piece of confidential information; to not disclose (or share) Your Account details with any third party. Accordingly, you agree to take all necessary precautions to ensure the security of Your Account including, but not limited to, keeping the login information in a secure place, logging out after each session, and notifying Us when there is any unauthorized access to Your Account. 
      3. We have the right to disable Your Account, at any time in Our sole discretion for any or no reason, including if, in Our opinion, you have violated any provision of these Terms.
         
         
   8. Rescheduling and Notice
      For some of Our Products, We offer live question and answer sessions, 1:1 meetings, Q&A sessions with other students, or other scheduled sessions with Us (“live sessions”). While We try to keep Our prescribed schedule, please be advised that We reserve the right to reschedule any live sessions within thirty (30) minutes of their scheduled time. We will notify you when a live session will be rescheduled through the email you provided Us at checkout. We also reserve the right to skip some planned live calls for vacation and holiday breaks. We will alert the community when We intend to skip sessions for these breaks within a week of their scheduled date(s) by posting it in the community under the relevant "Circle" (Advanced and/or Beginner Qs).
      
      
   9. Refund Policy for Courses and Products. 
      1. In the event that you are not satisfied with the Products you purchased, you are entitled to receive a full refund, provided you submit your refund request to the contact listed below within six weeks of purchasing the Products. If an emergency situation arises at any point beyond six weeks that precludes you from completing a Product (i.e. a program or course), please contact Us to discuss your options. We reserve the right in emergency situations to either issue you a refund or defer your enrollment. 
      2. Once We receive your refund request and agree to issue you a refund, your refund will return to the payment method that was used to purchase the Products. Additionally, We will terminate your access to Your Account immediately.
         
         
   10. Membership Cancellation. 
       1. If you purchased one of Our Memberships, you are free to cancel your membership at any time through Your Account. You can find those instructions here. Once you cancel your membership, you will continue to have access to Our community up until the end of your current billing cycle (aka when your next invoice would have been due had you continued your membership). 
       2. Alternatively, you can cancel your membership via email to the contact below. Once We receive your email, please allow a maximum 3 business days to respond to process your membership cancellation. We strongly encourage you to cancel your membership through Your Account as stated above if you wish for this cancellation to take effect immediately. 
       3. Please be advised that your monthly fee is non-refundable, and you are not entitled to a credit, or refund of any kind as a result of your cancellation. YOU HEREBY WAIVE AND RELEASE US FROM ANY CLAIMS RELATED TO ANY REFUNDS, CREDITS, OR OTHER CLAIMS RELATED TO YOUR SUBSCRIPTION UPON CANCELLATION OF YOUR MEMBERSHIP.
          
          
   11. Contact. 
       Please submit all questions or refund requests to: [email protected]
       
       
   12. Product Descriptions and Access.
       1. From time to time, We may, in Our sole discretion, alter the Products, Product descriptions, and pricing without notice. Additionally, We may discontinue the Products at any time, but will provide reasonable notice to you. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any of the Products.
       2. We may elect to host Our Products on a different Platform, in which case We will provide reasonable notice to update or move Your Account to the appropriate platform. We shall not be liable to you or to any third-party for your failure or refusal to change Your Account or move Your Account to the appropriate platform. For the avoidance of doubt, You will not be entitled to a refund in this instance.
          
          
   13. Warranties. 
       1. The information contained within the Products is for general informational purposes only. Please be advised that the Products in no way are meant to be a substitute for medical advice or treatment. We therefore make no representation or warranty concerning the reliability, safety, efficacy, or any specific result relating to the Products. While We do discuss health and wellness on Our Site, through the Products We offer for sale and the Content, you assume the risk of implementing any of the methods, systems, tips, or practices. Reliance on such advice, information or the content available through Our Products is solely at your own risk, including without limitation any safety guidelines, resources or precautions related to the Products, any information related to safety precautions to take when using the methodologies discussed within the Products or any other action We discuss or share on Our Website. The Content and the Products are not meant to replace or act as medical advice, please direct any medical or healthcare related to a licensed medical professional. Neither We nor Our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
       2. WE LIKEWISE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL ACHIEVE A SPECIFIC RESULT OR WILL WORK AS YOU ENVISION OR THOUGHT A PRODUCT WOULD WORK. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN ABILITY TO IMPLEMENT CERTAIN METHODOLOGIES, PROCESSES OR IDEAS SHARED VIA OUR WEBSITE OR THROUGH THE PRODUCTS AS EXECUTING THE SAME IS ENTIRELY DEPENDENT ON YOU, YOUR HEALTH, MEDICAL CONDITIONS, MEDICATIONS, OR LIFESTYLE. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, WE CANNOT AND DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR THE SUCCESS OF THE PRODUCTS. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
          
          
   14. Limitation of Liability. 
       1. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS, NEITHER WE NOR OUR CORPORATE AFFILIATES, NOR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS OF EACH, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, EMAIL SENT IN CONNECTION WITH OUR WEBSITE OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE. THIS LIMITATION OF LIABILITY APPLIES TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF WE ARE NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION NOT OTHERWISE ALTERED OR WAIVABLE UNDER APPLICABLE LAW SHALL EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR MAKING ANY PURCHASES ON OUR WEBSITE OR SHOP.
       2. ADDITIONALLY, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH OUR WEBSITE. ANY SUCH WEBSITE IS INDEPENDENT FROM US, AND WE HAVE NO CONTROL OVER, OR RESPONSIBILITY WITH RESPECT TO, THE INFORMATION PROVIDED OR ACTIVITIES UNDERTAKEN BY ANY SUCH WEBSITE.
          
          
   15. Indemnity. 
       You agree to defend, indemnify, and hold harmless us, Our parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you of these Terms or arising out of (i) a breach of your obligations, representation, and warranties under these Terms or any law or regulation; (ii) your violation of anyone’s rights, including intellectual property rights; or (iii) any disputes between you and a third party.
       
       
   16. Dispute Resolution and Waiver of Class Action. 
       1. This Agreement shall be governed by and construed in accordance with the laws of the and the laws of the State of Michigan. 
       2. Any dispute, controversy, demand, or claim arising out of or relating to the Terms, the breach thereof, or the Products, by submitting a written request for mediation to the other Party and JAMS no later than one (1) year from the date you purchased a Product via the Site or earlier termination of this Agreement. Failure to submit a written request for mediation within one (1) year of purchase shall be precluded by this provision, regardless of whether or not the claim has accrued at that time. 
       3. If the Parties cannot resolve a dispute through mediation, the Parties shall proceed with arbitration and submit any disputes or controversies relating to this Agreement to JAMS. For the avoidance of doubt, the Parties must attempt to settle any disputes, claims, or controversies through mediation before proceeding with arbitration.
       4. Any mediation, arbitration hearing, or in-person meeting required under this section shall be held in Michigan. The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. They will participate in the mediation in good faith and that they will share equally in the costs of the mediator or, where applicable, arbitrator. 
       5. By agreeing to this dispute resolution procedure, the Parties waive the right to resolve any such dispute through a trial by jury or judge or administrative proceeding. Notwithstanding the foregoing, injunctive relief may be immediately sought without resorting to alternative dispute resolution to prevent irreparable harm that would be caused by a breach of this Agreement. Furthermore, nothing in this Article shall prevent a Party from terminating this Agreement in accordance with the terms thereof notwithstanding this Article or any then-pending dispute resolution process.
       6. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT AND AGREE TO LITIGATE THIS IN YOUR INDIVIDUAL CAPACITY. THIS PROVISION SHALL SURVIVE TERMINATION OF THE TERMS. 
          
          
   17. Non-disparagement.
       You shall not, at any time, make statements or representations, or otherwise communicate, directly or indirectly, in writing, orally, or otherwise, or take any action which may, directly or indirectly, disparage Us or Our affiliates or respective officers, directors, employees, advisors, businesses or reputations.
       
       
   18. Severability. 
       If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. 
       
       
   19. No Waiver. 
       Our failure to insist on strict compliance with any of the terms, covenants, or conditions of these Terms will not be deemed a waiver of that term, covenant, or condition, nor will any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.