This website is operated by Feisty Fox Coaching, LLC (“Company,” "we," “us,” or "our"), through our website feistyfoxcoaching.com ("Website"), offers [Product/Service name(s)] (collectively, “Products and Services”), and from time to time may offer other products or services, for sale. Company offers Products and Services for sale subject to these Terms and Conditions of Use (the "Terms"), which may be updated by us from time to time.

By accessing our Website and/or using our Products and Services in any way, you are agreeing to comply with and be bound by these Terms. In addition, when using our Website, you agree to abide by any posted guidelines for all of our Products and Services, which may change from time to time, and to comply with all applicable laws, regulations and rules. If you object to any of these Terms, any guidelines, or any subsequent modifications, or if you become dissatisfied with the Website or our Products and Services, you should immediately discontinue use of the Website. These Terms remain in force and effect as long as you are a user of the Website and/or a registered user. In the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability. You should periodically review these Terms. Company reserves the right, at any time, to change the Terms by publishing revised terms on the Website. Any use of the Website and/or our Products and Services by you after our publication of any such changes shall constitute your acceptance of these Terms, as modified, with regard to any additional use of the Website or additional purchase of Products and Services. You agree that Company is permitted to access and use any other information provided by you to provide Products and Services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Products and Services we provided to you.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE OR ANY OF OUR SERVICES. BY USING THE WEBSITE AND AGREEING TO THESE TERMS, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO A CONTRACT. 

Athletic results and achievements representations made by Shangrila Rendon, feistyfoxcoaching.com are aspirational statements only of your achievement potential. The success of Shangrila Rendon, testimonials and other examples used are exceptional, non-typical results and are not intended to be and are not a guarantee that you or others will achieve the same results. Individual results will always vary and yours will depend entirely on your individual capacity, commitment, work ethic, skills, experience, level of motivation, and diligence in training under Feisty Fox Coaching, LLC. 

Feisty Fox Coaching, and Shangrila Rendon individually, are not responsible for your actions. You are solely responsible for your own actions and decisions and the evaluation and use of our products and services should be based on your own due diligence. You agree that the Feisty Fox Coaching is not liable to you in any way for your results in using our programs, products and services. See our Terms & Conditions below for our full disclaimer of liability and other restrictions. 

1) I acknowledge and understand that training for and/or participating in fitness events and activities such as triathlon, duathlon, strength training, bicycling, running, swimming, flexibility and aerobic exercise, and other sports performance activities are an extreme test of a person’s physical and mental limits. 

I acknowledge and understand that such training or participation constitute potential risks of serious bodily injury, stroke, heart attack, serious disability, death or property damage. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, lack of hydration, actions of other people including, but not limited to, participants, coaches, advisors, volunteers, spectators, event organizers and sponsors. These risks are not only inherent to athletes, but are also present for volunteers and spectators. With full understanding of the risks I am taking, I HEREBY EXPRESSLY ASSUME ALL THE RISKS OF TRAINING FOR AND PARTICIPATING IN SUCH ACTIVITIES and EVENTS. With this form, I hereby forever waive, release, covenant not to sue, and further agree to Indemnify, defend, hold harmless and discharge Feisty Fox Coaching LLC and affiliates from any and all claims or liabilities for injuries or damage to my person and/or property, including, but not limited to, those caused by the ordinary negligent act or omission of any of those mentioned or others acting on their behalf, arising out of or connected with my participation in any activities, programs, events or services, or other use of any equipment at various sites, including home, any gym, or outdoors, provided by and/or recommended by Feisty Fox Coaching LLC and affiliates. I further agree that, if despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against Feisty Fox Coaching LLC and affiliates, I will indemnify, defend and hold harmless each of the parties from any such Liability which may be incurred as the result of such claim(s). 

2) I do hereby further declare myself to be physically sound and suffering from no condition impairment, disease infirmity or other illness that would prevent my training, participation in activities or use of equipment or machinery. I also acknowledge that it is recommended that I have a yearly or more frequent physical examination and consultation with my physician as to physical activity, exercise and use of exercise equipment. I acknowledge that I have either had a physical examination and have been given my physician's permission to participate, or that I have decided to participate in the fitness activities, programs and use of equipment without the approval of my physician and do hereby assume all responsibility for my participation in said activities, programs, events and use of equipment.

3) I acknowledge and understand that If during a training session, I feel sick or dizzy or experience chest pains or discomfort of any sort, I will stop the training session. If symptoms continue, I will consult my regular health professional. I understand that Feisty Fox Coaching LLC and affiliates provision and maintenance of a sports/fitness program for me does not constitute an acknowledgment, representation or indication of my physiological well-being, or a medical opinion relation thereto.

4) AUDIO, PHOTO & VIDEO Release of Liability: I, the undersigned, hereby give my consent to Feisty Fox Coaching LLC and affiliates the absolute, unrestricted and irrevocable right and permission to take my photography, reproduce, distribute and display my image, likeness, name and any other identifying characteristics, solely for legitimate promotional and educational purposes. I understand that there is no compensation for the use of the audio, photos, and/or videos of me. This Release of Liability shall be binding on me, my family, heirs, next of kin, legal representatives, beneficiaries, successors and assigns. I expressly release Feisty Fox Coaching LLC and affiliates from any and all claims whatsoever in connection with the use and reproduction of my image, voice, likeness, name or any other identifying characteristics in the above-mentioned materials.

5) I am solely responsible for my payments and debits. I agree to pay collection fees, including a reasonable attorney’s fee and costs of litigation, if my debits are 60 or more days overdue.

6) I agree to abide by the laws of the State of California and to litigate any disputes between myself and Feisty Fox Coaching LLC within the legal jurisdiction of California (Los Angeles County).

I AFFIRM THAT I HAVE READ THIS DOCUMENT AND UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT BY ACCEPTING THE TERMS OF THIS DOCUMENT I AM WAIVING SIGNIFICANT LEGAL RIGHTS AND AM INCURRING SIGNIFICANT LEGAL LIABILITIES. I HAVE BEEN SPECIFICALLY ADVISED TO CONSULT WITH AN ATTORNEY IF I DO NOT UNDERSTAND ANY PORTION OF THIS RELEASE AND AGREEMENT. 

I affirm that I am eighteen (18) years of age or older. I acknowledge that I have signed this Agreement freely and voluntarily, without any conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

I affirm and understand that If I’d like to withdraw my consent, I’ll notify Feisty Fox Coaching LLC of my decision in writing, by sending a letter to "Attn: Release & Consent of Liability withdrawal notice, Feisty Fox Coaching, 4470 W Sunset Blvd #91186 Los Angeles, CA 90027," or by emailing the withdrawal notice to support@feistyfoxcoaching.com with the subject line “Attn: Release & Consent of Liability withdrawal notice”. Your withdrawal of consent will cancel your consent to this document from the date of receival and also cancel your ability to use any Feisty Fox Coaching LLC services or ability to participate in any Feisty Fox Coaching LLC fitness events and activities.

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS.

BY ACCESSING OR USING OUR SERVICES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.

These Terms of Service (“Terms”) apply when you access or use the websites (collectively, the “Site”) of Feisty Fox Coaching (“Company,” “we,” “us” or “our”), our mobile applications, and the services, content and materials made available via the Site or mobile applications (collectively, the “Services”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Company for products, services or otherwise.

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending you an email notification, providing notice through the Services or updating the “Last Updated” date at the top of these Terms. Your continued use of the Services following our notice of the amended Terms will confirm your acceptance of the amended Terms. If you do not agree to the amended Terms, you may not continue accessing or using the Services.

All questions or comments about the Services should be directed to support@feistyfoxcoaching.com.

Please refer to our Privacy Policy about how Company collects, uses and discloses information about you.  Please read it, because you are agreeing that it applies to our collection and use of information from you.  

The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you: (a) are 18 years of age or older; (b) have not been previously suspended from using the Services; and (c) have full power and authority to enter into these Terms and that, in doing so, you will not violate any other agreement to which you are a party.

In order to access and use certain areas or features of the Services, you may be required to register for an account. If you create an account via our Services, you agree to: (a) provide accurate, current and complete information; (b) maintain and promptly update your account information to keep it accurate, current and complete; (c) maintain the security of your account and accept all risks of unauthorized access to your account and the information you provide to us; and (d) immediately notify us if you discover or otherwise suspect any security breaches related to your account or the Services.

Access to certain materials, video and other content on the Services is made available for purchase (“Premium Services”). Your payment for any access to any Premium Services is subject to the following terms:

Price; Payment Plans. The price for any Premium Services will be made available via the Services at time of purchase. You may pay for access to the Premium Services in full at the time of your purchase or pursuant to any installment payment plan that we make available.

Installment Payment Plans. If you select an installment payment plan, you hereby grant Company permission to automatically charge the applicable Premium Services fee to your designated payment method at the beginning of each applicable payment period until all payments have been completed. If you select an installment payment plan, you agree to keep your designated payment method information, including all billing information, current, complete and accurate.

Valid Payment Methods. Only valid payment methods acceptable to us, or our designated payment processors, may be used to purchase access to our Premium Services. By submitting your order to purchase access to our Premium Services, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or cancelled automatically. You must resolve any problem we, or our designated payment processors, encounter in order to proceed with your order.

Refunds. To be eligible for a refund, you must make a refund request by emailing us at support@feistyfoxcoaching.com within the applicable time period agreed on before starting.

No Cancellations. Other than in connection with our Refund Policy, all sales are final and we do not offer any refunds or cancellations. If you select an installment payment plan, you will be obligated to complete all installment payments.

Failure to Pay. A failure to pay an installment payment related to any of the Services may result in the immediate suspension or termination of all Services. Upon suspension or termination, you will no longer be able to access your account and any Services. To maintain access to your account and all corresponding Services, your account and payments must be current and in good standing for all programs and Services for which you have registered. Pursuant to our Refund Policy, if your account is suspended or terminated for a failure to pay, you will not receive any refund except at our sole discretion and any scheduled automatic renewals will not occur.

Errors in Charges. In the event of an error that results in an incorrect charge, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any erroneous amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method.

Taxes. You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.

Automatic Renewal Terms. Certain Services, are ongoing subscriptions (“Subscriptions”). By enrolling in a Subscription program, you agree that a Subscription fee will be billed at the price you agreed to when subscribing to the payment you provide for the then-current Subscription period on a recurring basis until you cancel. If you do not wish for your account to renew automatically, or if you want to change or cancel your Subscription, please email us at support@feistyfoxcoaching.com at least 30 days in advance. You will be able to use the Service until the end of your then-current subscription term and your Subscription will not be renewed thereafter. 

Access to Services. Upon payment in full for a program advertised as “lifetime access,” you will receive access to the program that you purchased for the duration of the time Feisty Fox Coaching operates the Site and your specific program, subject to these Terms. We reserve the right to discontinue programs and adjust the Site and programs at our sole discretion, so, where available, be sure to download any material you want to keep, since you’ll no longer have access to the membership area after access ends. For Subscription programs, you will only receive access to the Services during the term of your subscription, subject to the requirement to be in “good standing” with all other programs set forth in Section 4.6. above.

Unless otherwise indicated, the Services, including all content, video and other materials on or made available via the Services, are the proprietary property of Company and its licensors and are protected by U.S. and international copyright laws.  Any use, copying, redistribution and/or publication of any part of the Services, other than as authorized by these Terms or expressly authorized in writing by us, is strictly prohibited. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and content, is the proprietary property of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. You do not acquire any ownership rights to any content, video and other materials on or made available via the Services, and we reserve all rights not expressly granted in these Terms.

You are granted a limited, non-transferable, non-exclusive, revocable right to access and use the Services solely for your own personal purposes; provided, however, that such license is subject to these Terms and does not include the right to: (a) resell, lease, rent or sublicense any Services or any access to the Services or any content, video and other materials on or made available via the Services; (b) copy, distribute, publicly perform or publicly display any Services or any content, video and other materials on or made available via the Services; (c) modify or otherwise make any derivative uses of any Services or any content, video and other materials on or made available via the Services; (d) download (other than page caching) any content, video and other materials on or made available via the Services, except as expressly permitted in connection with the Services; or (e) use the Services or any content, video and other materials on or made available via the Services other than for their intended purposes.  Except as explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

FEISTY FOX COACHING, the Company logos, the look and feel of the Services, and any product or service name, logo or slogan contained in the Services are trademarks, service marks and/or trade dress of Company or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written authorization of Company or the applicable trademark holder.  Any authorized use of such trademarks, service marks and/or trade dress must be in accordance with any guidelines provided by Company.

You acknowledge that certain content, videos and other materials on or made available via the Services constitute the Confidential Information of Company.  “Confidential Information” refers to certain information that is marked as “Confidential” or “Proprietary” that we reasonably regard as proprietary or confidential relating our courses, business, products, processes and techniques, including without limitation information relating to our trade secrets, business plans, strategies, methods and/or practices that is not generally known to the public and is disclosed to you pursuant to your express agreement to maintain the confidentiality of the Confidential Information.

Except as expressly allowed herein, you agree to hold in confidence and not disclose any such Confidential Information except in accordance with this Agreement.

The foregoing obligations shall not apply to the extent that Confidential Information: (i) must be disclosed to comply with any requirement of law or order of a court or administrative body; (ii) is known to or in your or our possession prior to receiving the disclosure of such Confidential Information as documented by notes or records; (iii) is known or generally available to the public through no act or omission of you or us in breach of this Agreement; or (iv) is made available free of any legal restriction by a third party. The duties and requirements under this section shall survive termination of this Agreement.

You hereby agree that any unauthorized disclosure of Company’s Confidential Information may cause immediate and irreparable injury to Company and that, in the event of such breach, Company will be entitled, in addition to any other available remedies, to immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages.

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Company or the Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking website does not contain any illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Company logo or other proprietary graphic of Company to link to the Site without the express written permission of Company. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found within the Services, the content of any text or the layout/design of any page or form contained within the Services, without Company’s express written consent. Except as expressly stated in these Terms, you are not conveyed any right or license by implication, estoppel or otherwise in or under any intellectual property right of Company or any third party.

The Services may include discussion forums, blogs, profiles, or other interactive features or areas (collectively, “Interactive Areas”), in which you or other users create, post, transmit or store any content on the Services, such as text, photos, video or graphics (“User Content”). You agree that you are solely responsible for your User Content and for your use of the Interactive Areas, and that you use the Interactive Areas at your own risk.

By submitting or posting User Content, you grant Company a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content via the Services and any other medium. Further, you acknowledge and agree that Company may, but is not obligated to, enforce its rights in the User Content against third-party infringers. You represent and warrant that you own and control all of the rights, title and interest in and to any User Content you provide or you otherwise have all necessary rights to grant the rights to Company that you grant in these Terms.

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Services any User Content that:

- is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;

- would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;

- displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to Company or any user;

- may violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent;

- makes false or misleading statements, claims or depictions about a person, company, product or service;

- does not clearly and prominently disclose any material connections you may have to Company or a third-party brand or seller (for example, if you receive free products or services or are a paid blogger or employee of Company or such third-party brand or seller);

- may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

- impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

- contains viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and

- in the sole judgment of Company, restricts or inhibits any other person from using or enjoying the Services or which may expose Company or its users to any harm or liability of any type.

Company takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the Terms is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms.

Although Company has no obligation to screen, edit or monitor any of the User Content posted on the Services, Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense.

Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, about the Services or Company (“Feedback”). Feedback is non-confidential and shall become the sole property of Company. Company shall own, and you hereby assign to Company, all right, title and interest, including all intellectual property rights, in and to such Feedback and Company shall be entitled to the unrestricted use and dissemination of any Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by Company (in our sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, Company of any Feedback.

You agree that you will not use the Services in violation of any law, contract or intellectual property or other third party right. You further agree not to:

- use the Services in any manner that could damage, disable, overburden or impair the Services;

- send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Services for the purposes of sending commercial emails;

- use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;

- introduce to the Services any virus, trojan worms, logic bombs or other harmful material;

- circumvent measures employed to prevent or limit access to any area, content or feature of the Services;

- use or attempt to use another’s account, or grant any third party any right to access your account, without authorization from Company;

- engage in any harassing, intimidating, predatory or stalking conduct;

- develop any third-party applications that interact with User Content and the Services; or

- “Frame” our Services or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose without the prior written permission of Company.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, users or account holders who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the Services infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent at support@feistyfoxcoaching.com.

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

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Company may provide third-party content on the Services, including without limitation advertisements and promotional offers, and may provide links to web pages and content of third parties (collectively the “Third-Party Content”). Company does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Company is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Your use of any Third-Party Content is at your own risk. The inclusion of Third-Party Content on the Services does not imply affiliation, endorsement or adoption by Company of any Third-Party Content or any information contained therein. Your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.

THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE OR, UNLESS OTHERWISE EXPRESSLY STATED, AS COMPANY’S OFFICIAL POSITION ON ANY SUBJECT MATTER. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR (B) THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE SERVICES

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY COMPANY, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

You agree to defend, indemnify and hold harmless Company, our independent contractors, service providers and consultants, and our and their respective directors, officers, employees and agents (collectively, the “Company Parties”) from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services, (b) any Feedback you provide, (c) your breach of any of these Terms, or (d) your violation of the rights of any third party.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING AS A RESULT OF COMPANY’S NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF COMPANY’S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED THE SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICES ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

These Terms are for the benefit of, and will be enforceable by, Company and you only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations to any such third party.

Company reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that Company will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY.

19.1. Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 11 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Company agree (a) to waive your and Company’s respective rights to have any and all Disputes arising from or related to these Terms or the Services, resolved in a court, and (b) to waive your and Company’s respective rights to a jury trial. Instead, you and Company agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

19.2. No Class Arbitrations, Class Actions or Representative Actions

You and Company agree that any Dispute arising out of or related to these Terms or the Services is personal to you and Company and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Company agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Company agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

19.3. Federal Arbitration Act

You and Company agree that these Terms affect interstate commerce and that the enforceability of this Section 19 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

19.4. Notice; Informal Dispute Resolution

You and Company agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Company shall be sent by mail to our California Registered Corporate Agent Legalzoom.com, INC (C2967349) and email to support@feistyfoxcoaching.com. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Company account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Company cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Company may, as appropriate and in accordance with this Section 19, commence an arbitration proceeding or, to the extent specifically.

19.5. Process

Except for Disputes arising out of or related to a violation of Section 11 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Company agree that any Dispute must be commenced or filed by you or Company within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Company will no longer have the right to assert such claim regarding the Dispute). You and Company agree that (a) any arbitration will occur in San Francisco County, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of California and the United States, respectively, sitting in the Los Angeles County, California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

19.6. Authority of Arbitrator 

As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

19.7. Rules of JAMS

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

19.8. Severability

If any term, clause or provision of this Section 19 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 19 will remain valid and enforceable. Further, the waivers set forth in Section 19.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

19.9. Opt-Out Right

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 18 by writing to: support@feistyfoxcoaching.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 20.

Any dispute between the parties regarding the subject matter of these Terms will be governed by these Terms and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You and Company agree that any action at law or in equity arising out of or relating to any actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property, or relating to these Terms shall be filed only in the state and federal courts located in Los Angeles County, California (except for small claims disputes, which may be filed in the jurisdiction in which you reside), and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

Company reserves the right, without advance notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your future access to and use of the Services.

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that the Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. 

Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.