BY VISITING DARCYHOLMER.COM or other websites (YourBestFit.org), YOU ARE CONSENTING TO OUR TERMS OF CONDITION.
This program, associated programs, products, website(s), information, and services, which includes but is not limited to coaching sessions, videos, training modules, social media, access to third party online social media pages, question and answer exchanges, emails, conference/video/telephone calls, step-by-step guides, templates, cheat sheets, instructional materials, associated media, printed materials, and “online” or electronic documentation, (all to now be referred to as “Service”), are provided by Your Best Fit, LLC (which includes Darcy Holmer, DarcyHolmer.com, and Kim Smith), (to be referred to as “Sponsor”). By participating in or using the Service, you agree to be legally bound by these Terms of Agreement, including all disclaimers, releases, limitations of liability, termination provisions below. These Terms of Agreement are subject to change without notice, from time to time in Sponsor’s sole discretion. If you do not agree to these Terms of Agreement, do not register for, pay for, or use the Service.
Access to and use of Service and its contents are permitted only by authorized users in accordance with the terms and conditions set forth in this Agreement for the purpose of accessing the Service. Any other access to or use of Service, website or its contents is unauthorized. Only persons who are 18 years of age and older may access or use the Service.
When discussing achieving your goals as part of any Service or related communications, Sponsor has made every effort to ensure that the Sponsor accurately represents the Sponsor’s Service and its ability to help you achieve your goals. However, by enrolling in or using any Service, you accept and agree that you are fully responsible for your progress and results from your participation. Sponsor offers no representations, warranties, or guarantees verbally or in writing regarding your results. You alone are responsible for your actions and results. By engaging in any Service, you understand that results may vary significantly by person and you are responsible for the results from using the Service. Any statements outlined by the Sponsor about its Services, online or other, are simply Sponsor’s opinion and are not guarantees or promises of actual results. Sponsor offers no professional, medical, or other advice, or that your participation in any program or product or service will not treat, diagnose or cure any disease.
It is advised that you consult a physician prior to engaging in any exercise program and/or undergoing any dietary or other consumption or other lifestyle changes. You agree that you are voluntarily participating in the Service and any related activities, actions, decisions and/or changes and assume all risks of injury, illness, or death. You acknowledge that you have carefully read this information and fully understand that it is a release of liability. You, and on behalf of your extended legal relatives, expressly agree to release and discharge Sponsor from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you or anyone legally related to you may otherwise have to bring a legal action against Sponsor for personal or other injury. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence. By registering for the Sponsor’s programs, services or other offerings or products, you acknowledge that you understand its content and that this release cannot be modified orally.
Furthermore, you agree that by participating in any Service, you do so entirely at your own risk. The information contained in or made available in any Service cannot replace or substitute for the services of trained professionals in any field. The Service and all related content and information, written or verbal, is not intended to be medical or professional advice nor substitute for such advice given to you by a licensed professional in your jurisdiction. All Services made available through Sponsor or its affiliates are intended to be informational in nature only (e.g., a client-consultant relationship).
By entering into this Agreement, you understand that Sponsor is not a medical professional, Certified Public Accountant, licensed attorney, nor any type of licensed financial professional. Information and materials shared by Sponsor or its affiliates are provided for general reference only and are not warranted to be free of errors or other deficiencies. Sponsor makes no representations or warranties concerning any Service or treatment, action, or application of information by any person following the information offered or provided within or through the Sites. Sponsor will not 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. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Service and related information and sites, you agree not to attempt to hold Sponsor liable for any such decisions, actions or results, at any time, under any circumstance.
In addition, the site may be used by others to post other information and materials; Sponsor gives no assurance whatsoever regarding such information or materials. Information and materials posted by others is considered non-confidential. In no event should the availability of such information and materials be construed as an indication they have been validated by Sponsor or represent the views of Sponsor. Sponsor does not monitor all submissions to the website, or any other external website used in the course of the Service, but reserves the right to do so and to remove or edit anything that is in violation of these terms or other policies of Sponsor.
All purchases from Sponsor and payments made to Sponsor for any Service are nonrefundable and you agree to make all payments on time. Participation in any Service offered is subject to Sponsor’s acceptance of your request. Sponsor reserves the right to refuse service, including participation in Sponsor’s programs, Service, or email newsletter to anyone, person or entity, without the obligation to assign reason for doing so. Sponsor reserves the right to deactivate, suspend or terminate use of the Service for any reason without a refund. On termination of this Agreement for any reason, you must immediately cease all use of the Service, use of the website in any form, and immediately return, if applicable, all materials obtained in connection with the Service in your possession or control.
No user of the site or Service may (1) take any action that imposes an unreasonable load on the website’s infrastructure, (2) use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website, (3) delete or alter any material posted, or (4) frame or link to any of the materials or information available from the website. If you submit any information to the website, third party online social media page, or any other communication made in the course of using the Service, you agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) post or transmit pyramid schemes or chain letters or conduct gambling, (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity, (4) post or transmit a virus or any other harmful component, or (5) contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.
When retrieving information from Sponsor’s Service, you are prohibited from aggregating, copying or duplicating any of the materials or information available, except for the small amount of materials and information temporarily required for an ordinary single use. Should you decide to submit, enter or transmit through use of the Service information or materials of any kind, you are responsible for ensuring that you may do so and that such information and materials may be accessed, used, copied, distributed and adapted by other users of the Service (including Sponsor or any of its affiliates) without liability or restriction.
You are authorized to access and use information and materials available through the Service only for the purpose of participating in the Service. The information, materials, and content, may not be copied, distributed, modified, published, or transmitted in any other manner, including for use for creative work or to sell or promote other products. Violation of this policy may result in infringement of intellectual property and contractual rights of Sponsor or third parties which is prohibited by law and could result in substantial civil and criminal penalties. Any works or identified marks of Sponsor may not be used without Sponsor’s written permission. The Service may include trade secrets and confidential information of Sponsor.
Access to the Service (and related content, website(s)) is limited to authorized users and ends on the termination of this Agreement. On termination of this Agreement, you must discontinue use of the Service. You may not under any circumstances (1) copy the materials provided by the Service, except for what is temporarily required for an ordinary single use; (2) distribute, modify, adapt, translate, or prepare derivative works based on the Service; (3) use or allow use of the Service after the termination or expiration of this Agreement; (4) allow others to use, copy, or access the Service; or (4) remove or alter any copyright, trademark or other proprietary rights included in or affixed to the Service.
The Service is not guaranteed to operate free of error. Sponsor cannot claim or warrant that files available for download through the website will be free of viruses or code that may have destructive properties. It is your responsibility to have personal procedures in place to protect your equipment from such destruction. Sponsor assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the website, content or Service. You agree to accept sole responsibility for any negligent or illegal act or omission of you or your agents, contractors, employees, or other users or accessees.
This Agreement will commence at the time you confirm you haveREAD AND AGREE TO THE TERMS OF SERVICE, SCHEDULE AN APPOINTMENT, AND/OR MAKE PAYMENT, whichever applies depending on the form you subscribed, registered, and/or agreed to participate in Service. This Agreement will continue until terminated. Either party may terminate this Agreement immediately on the other party’s breach of any term of this Agreement.
All sales of the Service are final and nonrefundable upon confirmation of purchase. Except as otherwise stated in this Agreement, any provisions in this Agreement that by their sense and context are intended to survive the termination of this Agreement will survive such termination. Notwithstanding the foregoing, any cause of action that the Sponsor may have against you for breach of this Agreement before the date of termination will survive such termination. You agree to indemnify, defend, and hold harmless Sponsor, its affiliates, its members, officers, directors, employees, agents, licensors, partners, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from or arising out of any use of Sponsor’s Service—including any information or products purchased through it—or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing Sponsor’s Service.
These Terms of Agreement bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you, without the consent of Sponsor. Any transfer, assignment, delegation, or sublicense by you is invalid. Sponsor may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you. If any arbitration, suit, or action is instituted to interpret or enforce the provisions of this Agreement, to rescind this Agreement, or otherwise with respect to the subject matter of this Agreement, the party prevailing on an issue will be entitled to recover with respect to such issue, in addition to costs, reasonable attorney fees incurred in the preparation, prosecution, or defense of such arbitration, suit, or action as determined by the arbitrator or trial court, and, if any appeal is taken from such decision, reasonable attorney fees as determined on appeal. If any term or provision of this Agreement is to any extent held to be invalid, illegal, or unenforceable by any court of competent jurisdiction, the remainder of this Agreement will not be affected thereby, and each term and provision of this Agreement will be valid and enforced to the fullest extent permitted by law.
Updated November, 2017