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Terms of Use

TBB App

 

Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using the TBB App (hereinafter referred to as the “Program”). The Program and its content are owned by The Barbell Ballerina LLC.

 

  • Definitions:

 

 

“Company”, “We”, “I”, “Our”, or “Us” means The Barbell Ballerina LLC.

 

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.

 

“Program” means the TBB App.

 

“You”, “Your”, “User” or “Client” means the purchaser and person using the Program.

 

  1. Consent:

By participating in the Program, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.

 

  1. DISCLAIMER:

By participating in the Program, you understand that Lili Pfeifer is a NASM Certified Personal Trainer and NASM Certified Exercise Specialist. 

 

We are not medical doctors, psychologists/psychiatrists, or other licensed medical professionals. You are expected to discuss any changes to your health, diet, or exercise regimen with your physician or another medical professional before trying them.

 

This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis.

 

Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you. You should review any and all changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional.

 

  1. Assumption of the Risk

By participating in the Program, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so. We are not responsible or liable for your participation in the Program.

 

You should use your best judgment in using the information provided in the Program, which is done at your own risk. It is your responsibility to discern the risk of using the Program or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Program. 

 

  1. Intellectual Property Ownership:

The Program and its content, including, but not limited to, Training Program, Exercises, Video Demonstrations, and Exercise Descriptions are intellectual property owned by Lili Pfeifer and The Barbell Ballerina LLC.  Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

 

Any use of the Company’s intellectual property may not be used in connection with the sale or distribution of any product, program, and/or service by you, directly or indirectly, without the prior written consent of The Barbell Ballerina LLC.

 

Misappropriation or unauthorized use of the Company’s intellectual property and/or trade secrets may result in the enforcement of an infringement and/or intellectual property theft action against you in an effort to recover damages and/or protect our intellectual property rights. The Company reserves the right to pursue an action for misappropriation, theft, or improper use of its intellectual property by the Purchaser, the Purchaser’s representatives, assigns, contractors, employees, or acquaintances. 

 

  1. No Sharing:

You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

 

You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued. 

 

  1. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours. 

 

  1. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:

We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way including, but not limited to, your future income, sales, potential, profitability, or losses derived as a result of your use of the Program. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law.  We are not liable for damages of any kind related to your use of the Program.

 

  1. Your Release of Us, Indemnification, Hold Harmless:

 

To the fullest extent permitted by law, The Barbell Ballerina LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release The Barbell Ballerina LLC from any and all claims.

 

By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless The Barbell Ballerina LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use. 

 

By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless The Barbell Ballerina LLC as stated in this section herein.

 

  1. Our Refund Policy:

 

NO REFUNDS:

 

We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable nature of the Program, refunds will not be issued for the Program once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Lili Pfeifer at [email protected].

 

NO CHARGEBACKS:

 

The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account. 

 

  1.  ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Lili Pfeifer at [email protected].

 

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Lili Pfeifer and The Barbell Ballerina LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

 

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 20 miles of Minneapolis, Minnesota.

 

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Minnesota. The only award that can be issued to you is a refund of any payment made to The Barbell Ballerina LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.

 

  1. Limitation of Liability:

Lili Pfeifer and The Barbell Ballerina LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

 

  1. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS

 

General Payment Terms: 

 

When you pay for the Program by credit card, you authorize and give permission to The Barbell Ballerina LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant Kajabi, Paypal, or Stripe (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. The Barbell Ballerina LLC is not responsible for the merchant’s independent policies or practices.

 

Payment Plan Terms / Failed Payment Procedures: 

 

Should you choose to purchase the Program via one of our payment plan options at checkout (hereinafter the “Payment Plan”), you are hereby consenting to your credit card being automatically charged 4 weeks apart until canceled for the Monthly Subscription or 48 weeks apart for the Annual Subscription.

 

If you choose the Payment Plan to purchase the Program, you hereby authorize and give permission to The Barbell Ballerina to automatically charge your credit card, debit card, or PayPal account, as payment for the Program, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you. 

 

We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Payment Plan.

 

By choosing the Payment Plan, you agree and understand that ALL monthly or annual payments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.

 

Failed Payment Plan Payments / Re-charge procedures:

 

By signing up for the payment plan, your card will automatically be re-charged up to 4 times over 3 weeks. Please plan accordingly.

 

If your payment-plan payment fails on the 1st attempt:

In the event that your Payment Plan payment is not successfully made on your due date, your credit card will automatically be re-charged up to 4 times over 3 weeks. 

 

On the 1st attempt your account will be deactivated until your payment is successful. 

 

If 2nd and 3rd attempts are unsuccessful, your account will remain locked.

 

4th and final attempt to make payment:

The 4th attempt is the final attempt to collect your payment and remain in active standing. If the 4th payment fails, you will be permanently removed from the Program and no refund will be given. 

 

Email [email protected] if you have any issues logging back into your account once payment has been successful.

 

When choosing the payment plan options, you consent to being responsible for ALL payments owed under the Program terms.

 

In the event you are already enrolled in the Monthly Subscription and want to switch to the Annual Subscription, due to our automations, your program will start from the beginning and you will lose any progress on a previous program. Consult Lili at [email protected] if you need help with this process.

 

Should you choose to cancel your subscription, your account will be deactivated simultaneously at the time of cancellation and you will be unable to log back into your account. 



  1.   Severability 

 

The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

 

  1. Entire Agreement

These Terms of Use contain the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.

  1. Choice of Law + Venue

These Terms of Use shall be governed by the laws of the state of Minnesota. Any action brought by any party arising out of or from these Terms shall be brought within the Minnesota, County of Hennepin.

By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.

 

If you have any questions about the Terms of Use, please contact Lili Pfeifer at [email protected]. Thank you.Â