SECTION 3 - OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

 

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website and online store is governed by our Privacy Policy. Our privacy policy may be viewed at https://inspiregrowthfitness.com/labsprivacypolicy1. InspiregrowthFitness reserves the right to modify its Privacy Policy in its reasonable discretion from time-to-time. Our privacy policy is incorporated into this Agreement by reference.

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SECTION 4 - INFORMATION YOU PROVIDE; REGISTRATION; USER NAMES AND PASSWORDS As an InspiregrowthFitness user, you will be required to create an account with InspiregrowthFitness Weight Loss. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your InspiregrowthFitness user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to, InspiregrowthFitness under your user account. You agree to immediately notify InspiregrowthFitness of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that InspiregrowthFitness is not liable, and you will hold InspiregrowthFitness harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 20 below for additional information.

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SECTION 5 - ORDER PLACEMENT AND ACCEPTANCE; METHOD OF PAYMENT You agree that any products or services that you purchase from us and/or our Website will be used for your personal, non-commercial use. You agree that you will not re-sell, re-distribute, or export any product that you order from the Website. If you are enrolling in our membership program or ordering a product, payment must be received by InspiregrowthFitness before your enrollment or order is accepted, unless you are participating in a trial offer program (see Section 6 below). We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us as soon as possible at francistoribio94@hotmail.com immediately in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, your payment will be refunded to the card provided at the time of checkout. ‍ Your order is conditioned on you accepting this Agreement. Once we receive your authorized order and a verified form of payment has been received, we will promptly place your order in line for shipment or delivery. All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product. If the availability of any product is delayed and you do not wish to substitute the product, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. ‍ InspiregrowthFitness does not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on the Website. If we discover that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and, at our option, pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as attempting to purchase or purchasing products through the use of fake or stolen cards, InspiregrowthFitness will report you to federal, state, and/or local enforcement authorities and take any additional legal action deemed appropriate by InspiregrowthFitness. ‍ We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion. ‍ All advertised prices are in, and all payments shall be in, CAD  Dollars.

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SECTION 6 - TRIAL MEMBERSHIP OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION Where we offer you a Free Experience Membership of InspiregrowthFitness ("Free Experience Membership"), such Free Experience Membership will start immediately and will run for the seven (7) days after your application to register with InspiregrowthFitness has been accepted by InspiregrowthFitness and continue for the Free Experience Membership offer period as indicated on the Website at the time you submit your application. Free Experience Memberships are only available to new membership subscribers of InspiregrowthFitness and for the limited periods as set out on the Website. Previous membership subscribers or those subscribers who have already benefited from a Free Experience Membership subscription to InspiregrowthFitness do not qualify for a further Free Experience Membership. ‍ If you do not want to continue your membership after your Free Experience Membership comes to an end, you must contact us at least 24 hours before your Free Experience Membership period ends by submitting a cancellation request to us via our support email address francistoribio94@hotmail.com If you do not contact us at least 24 hours before your Free Experience Membership period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrolment online will be charged the full InspiregrowthFitness monthly membership subscription rate provided at the time of enrolment. InspiregrowthFitness can change any paid-for membership subscription price detailed on the Website or in any pre-contract information (including these Terms), at any time. If the membership subscription rate changes after you are enrolled, we will notify you by e-mail. ‍ If you wish to cancel your InspiregrowthFitness Membership subscription at any time after a Free Experience Membership or discounted period ends, you must give us the following notice by submitting a cancellation request to us via our support email address francistoribio94@hotmail.com to cancel your subscription. For monthly Membership subscriptions, we require at least twenty-four (24) hours' notice of cancellation. For annual Membership subscriptions, we require at least thirty (30) days' notice of cancellation.

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Section 7 - Who Owns the Photographs and Testimonials:

• The website owners claim ownership of any content users submit or post on the website, including photographs, testimonials, ideas, and more.

• They have the right to use, copy, distribute, display, publish, perform, sell, lease, and modify user submissions in various ways.

• User submissions become the exclusive property of the website owners and won't be returned to the users.

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Section 8 - How Can You Opt-Out, Remove or Modify Information:

• Users can change their email subscription preferences and unsubscribe from newsletters by clicking the "unsubscribe" link in emails.

• It may take up to ten (10) business days to process removal requests.

• Even if users opt out of marketing emails, they may still receive transactional messages related to their orders and accounts.

• Users can request the deletion of their online account information by emailing the provided address, but some transaction-related information may still be retained.

• The rights granted to the website owners in Section 7 regarding user submissions remain unaffected.

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Section 9 - Internet-Based Advertising:

• The website may partner with third-party service providers to display ads on non-affiliated third-party websites.

• These third parties may use technology like cookies and web beacons to collect anonymous information and personalize ads based on user online activities.

• Users can opt out of such ads through the Network Advertising Initiative (NAI) or other relevant websites.

• Google AdWords and Google Display remarketing services may be used to advertise to previous website visitors. These ads can appear on Google search results pages or the Google Display Network.

• Third-party vendors like Google may use cookies to serve ads based on a user's past visits to the website.

• Users can set preferences for Google ads, including opting out of internet-based advertising through Google's Ad Personalization page.

It's important to note that users should carefully read and understand the terms and conditions or privacy policy of any website they interact with, as these policies can have significant implications for the use of their data and content.

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Section 10 - Products, Services, and Prices Available on the InspireGrowthFitness Website: InspireGrowthFitness reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you. InspireGrowthFitness takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. When ordering products, please note that InspireGrowthFitness does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. If any item described on the Website is not as described when you receive it, or the packaging on the Website does not match what you receive, your sole remedy is provided in our Return/Exchange Policy. All sales are deemed final except as provided in the Return/Exchange Policy. InspireGrowthFitness's descriptions of, or references to, products or services not owned by InspireGrowthFitness are not intended to imply endorsement of that product, or constitute a warranty by InspireGrowthFitness unless expressly stated on the Website.

Section 11 - Trainer's Obligations and Your Obligations/Your Individual Results Will Vary: Trainer's Obligations: The Trainer will use his/her skills and knowledge to design a safe program of exercise that will take into account your lifestyle, personal goals, fitness level, and medical history. The Trainer will provide coaching, supervision, advice, and support to assist you in achieving your goals. You understand that the results of any fitness program cannot be guaranteed by InspireGrowthFitness or the Trainer, and that your progress depends on your individual effort. Accordingly, individual results will vary.

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Your Obligations: You must commit to your training program 100% to improve the chances of achieving your goals. You are required to arrive on time for sessions with your Trainer and to have adequate internet service. You are required to wear appropriate clothing and footwear. Your Trainer may require a letter of "medical clearance" from your physician, and your physician may charge you for providing that letter, which cost is payable exclusively by you. You understand and agree that it is your responsibility to inform the Trainer of any conditions or changes to your health, now and on-going, which may affect your ability to exercise safely and with minimal risk of injury. If your Trainer requires further medical information from a practitioner, you must provide such information. Every person has a different body and history, and, therefore, individual results will vary from Member to Member. YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOU, SUCH AS YOUR HEALTH, GENETICS, DIET, AND LEVEL OF EXERCISE. IF YOU ARE NOT SATISFIED WITH YOUR RESULTS, YOUR ONLY REMEDY IS PROVIDED IN OUR RETURN/EXCHANGE POLICY.

Section 12 - Independent InspireGrowthFitness Affiliate Program: InspireGrowthFitness may offer you an opportunity to become an Independent InspireGrowthFitness Affiliate ("IWA"), wherein you will have the opportunity to receive free or discounted products or services or other remuneration in exchange for your truthful statements about your experience with InspireGrowthFitness. Such statements may include, but not be limited to, sharing your InspireGrowthFitness experience with your friends and colleagues in person, on social media, or by e-mail, and encouraging them to join InspireGrowthFitness as a Member and/or purchase InspireGrowthFitness products. InspireGrowthFitness reserves the sole and exclusive right to determine the amount of remuneration each IWA will receive in exchange for his/her efforts. IWA's must comply with all laws including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws, telemarketing laws, and laws governing testimonials. IWAs are solely responsible for ensuring their compliance with all laws.

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Section 13 - Testimonials, Reviews, and Pictures/Videos: InspireGrowthFitness is pleased to hear from users and welcomes your comments regarding our services. InspireGrowthFitness may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to InspireGrowthFitness's services or products, in printed and online media, as InspireGrowthFitness determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products. As noted in Section 11 above, your results will vary depending upon a variety of factors unique to you, such as your health, genetics, diet, and level of exercise.

You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit, or share with InspireGrowthFitness on this Website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively "User Communications"). By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity, or any other applicable laws. InspireGrowthFitness does not endorse or sponsor any User Communications submitted by you or other Members.

You are prohibited from posting, uploading, submitting, sharing, or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. INSPIREGROWTHFITNESS will fully cooperate with any law enforcement authorities or court order requesting or directing INSPIREGROWTHFITNESS to disclose the identity of anyone posting any such information or materials. Subject to the terms and conditions set forth in our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment, or attribution. Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole

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SECTION 14 - NO MEDICAL DIAGNOSIS OR TREATMENT InspireGrowthFitness is committed to helping you achieve your fitness goals. However, please understand that our products, services, and the information on our website have not been evaluated by medical professionals or the Food & Drug Administration. They are not intended to diagnose, treat, cure, or prevent any health problems, illnesses, or diseases. The information provided on our website or through emails and other communications is for informational purposes only and should not replace informed medical advice or care. Additionally, our products and services are not intended for use by individuals under 18 years of age, and they should not be used to treat any medical conditions or health problems. The dietary needs of minors and individuals with medical conditions differ from those of healthy adults. You agree to consult with a physician or doctor before using any of our products or services, especially if you have any medical conditions, including but not limited to heart disease, high blood pressure, obesity, blood circulation problems, breathing problems, or any other conditions or disorders. If you experience any adverse effects or unintended side effects from using our products, you agree to discontinue their use immediately.

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InspireGrowthFitness strives to provide accurate information about our products and services. However, please note that the information we provide is obtained from independent third parties such as news agencies, scientific reports, and scientific/research entities. We do not warrant or endorse the accuracy of this information, and we do not endorse the methods used by these third parties to reach their conclusions. All product specifications, performance data, and other information on our website are for informational and illustrative purposes only and do not guarantee or represent that the products will conform to such specifications or performance data. We do not warrant or represent that your results will be the same as those of others who use our products or services.

Please be aware that the representations and product disclaimers mentioned above may not apply if they are prohibited by law, including in New Jersey.

SECTION 15 - FOOD ALLERGY DISCLAIMER InspireGrowthFitness makes every effort to provide accurate nutrition and ingredient information for every product on our menu. We take food safety seriously; however, there is always a risk of cross-contamination, and commercial food manufacturers may change their formulations without notice. Our facility handles nuts and foods that may contain nuts or nut oils. Customers with food allergies should be aware of these risks and understand that consuming foods provided by InspireGrowthFitness is at their own risk.

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SECTION 16 - DISCLAIMERS OF WARRANTIES Except where otherwise prohibited by law, including the state of New Jersey, the InspireGrowthFitness website and all content are provided on an "as is," "as available" basis without warranties of any kind, whether express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. We make no representations or warranties as to the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of any information on our website. We do not represent or warrant that:

a. The use of the website will be secure, timely, uninterrupted, or error-free, or operate in combination with any other hardware, software, system, or data. b. The website or services will meet your requirements or expectations. c. Any stored data will be accurate or reliable. d. The quality of any products, services, information, or other material purchased or obtained by you through the website will meet your requirements or expectations. e. Errors or defects in the website will be corrected. f. The website or the server(s) that make the website available are free of viruses or other harmful components.

All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law.

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SECTION 17 - LIMITATIONS OF LIABILITIES You understand that there are inherent risks associated with participating in a strenuous exercise program. Except where otherwise inapplicable or prohibited by law, including the state of New Jersey, if you sustain or claim to sustain any injury while participating in training, you acknowledge that InspireGrowthFitness (including its officers, directors, shareholders, employees, and agents) is not responsible, and the trainer is also not responsible, unless the injury resulted from the trainer's gross negligence. You agree that neither InspireGrowthFitness (including its officers, directors, shareholders, employees, and agents) nor your trainer will be held liable for injuries related to undeclared or unknown medical conditions. In no event shall InspireGrowthFitness's liability to you for any claim exceed three times the payments made by you to InspireGrowthFitness for the month preceding the date of the claim. You expressly waive any right to indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs, or claims of any kind. This limitation of liability applies to all claims and theories of liability, whether for breach of contract, tort (including negligence and strict liability), warranty, or otherwise.

Notwithstanding anything in these terms to the contrary, this limitation of liability does not apply to consumers in New Jersey.

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Except where otherwise inapplicable or prohibited by law, including the state of New Jersey, in no event shall InspireGrowthFitness or any of its officers, directors, shareholders, employees, independent contractors, telecommunications providers, and/or agents be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs, or claims arising from or related to this agreement, the privacy policy, the products, your or a third party's use or attempted use of the website or any product, regardless of whether InspireGrowthFitness had notice of the possibility of such damages, fees, costs, or claims. This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages. This applies regardless of how damages are alleged to have been caused and regardless of the theory of liability, including breach of contract, tort (including negligence and strict liability), warranty, or otherwise.

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SECTION 18 - DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER Please carefully read this arbitration provision to understand your rights. Except where prohibited by law, you agree that any future claims must be resolved through final and binding confidential arbitration, and you acknowledge that you are waiving your right to a trial by jury. The rights you would have in court, such as discovery or the right to appeal, may be more limited or may not exist. You agree that you may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding. You also agree that the arbitrator may not consolidate proceedings or claims or preside over any form of a representative or class proceeding.

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There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award, on an individual basis, the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow the terms of these conditions of use as a court would.

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a. General Arbitration is a method of resolving disputes without

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b. Exceptions:

• Both you and InspireGrowthFitness have the right to pursue claims in small claims court that fall within its jurisdiction and are on an individual (non-class) basis. InspireGrowthFitness will not demand arbitration for such claims as long as they remain pending in the small claims court.

• Certain claims, such as those related to intellectual property rights or requests for injunctive relief for breach of the agreement, are not subject to arbitration and should be addressed in state or federal courts in Sacramento, California.

• You agree not to bring or join any claims excluded from arbitration in any representative or class-wide capacity, including class actions or class-wide arbitrations.

c. Required Pre-Dispute Procedures:

• Before initiating a claim, both parties agree to contact each other with a written description of the dispute, relevant documents, and a proposed resolution. This communication should take place in good faith.

• If the dispute isn't resolved within 60 days of the written description, the parties proceed to arbitration. However, certain claims, as mentioned in section "b," can still be brought in state or federal courts.

d. Commencing Arbitration:

• Arbitration proceedings must be initiated within 1 year after the claim arises, including the required pre-dispute procedures.

e. Arbitration Location:

• Arbitration will typically be conducted in Sacramento, California, unless both parties agree to another forum.

f. Organization, Rules, and the Arbitrator:

• Claims not excluded from arbitration will be submitted to final and binding confidential arbitration conducted by a single arbitrator from the American Arbitration Association (AAA). The AAA's rules will govern the arbitration process.

• The arbitrator has the authority to interpret and enforce the terms of the agreement and decide whether a claim is arbitrable.

g. Fees:

• Payment of filing, administration, and arbitrator fees will be in accordance with the AAA's rules. InspireGrowthFitness will reimburse fees for claims under $10,000 unless they are deemed frivolous.

h. Governing Law and Award:

• The substantive law of the State of California will apply to the arbitration, and the arbitrator's award will be final and can be entered in a court of competent jurisdiction.

i. Enforceability:

• This arbitration provision remains in effect even after the termination of your account or relationship with InspireGrowthFitness.

• If the class action waiver is unenforceable, the entire arbitration provision becomes null and void, but if only a portion of it is unenforceable, the rest remains in force.

j. Miscellaneous:

• Any delay in enforcing the arbitration provision for a particular claim doesn't waive the right to require arbitration for that claim later.

• This provision is the entire arbitration agreement and can only be modified in writing by InspireGrowthFitness.

k. Amendments:

• InspireGrowthFitness reserves the right to amend this arbitration provision, and your continued use of their services implies consent to such changes.

• You have the right to opt-out of this arbitration provision within 30 days of purchasing or attempting to use an InspireGrowthFitness service or product by sending a signed written notice.

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SECTION 19 - InspireGrowthFitness's Additional Remedies: In order to prevent or limit irreparable injury to InspireGrowthFitness, in the event of any breach or threatened breach by you of the provisions of the parties' Agreement or any infringement or threatened infringement by you of the intellectual property of InspireGrowthFitness or a third-party, InspireGrowthFitness shall be entitled to seek an injunction or other equitable relief restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting InspireGrowthFitness from pursuing any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you.

SECTION 20 - Indemnification: To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless InspireGrowthFitness and its affiliates, and their respective directors, officers, employees, licensors, independent contractors, subcontractors, suppliers, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys' fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or inability to use the Website, (2) information you submit or transmit through the Website, or (3) your breach of these Terms, the documents they incorporate by reference, or the Agreement, or your violation of any law or the rights of a third-party.

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SECTION 21 - Notice and Takedown Procedures; Copyright Agent: If you believe that materials or content available on any InspireGrowthFitness Website infringes any copyright you own, you or your agent may send InspireGrowthFitness a notice requesting that InspireGrowthFitness remove the materials or content from the InspireGrowthFitness Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send InspireGrowthFitness a counter-notice. Notices and counter-notices should be sent to InspireGrowthFitness, Attention Legal Department, by e-mail to francistoribio94@hotmail.com 

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SECTION 22 - Third-Party Links: The Website may contain links to other websites. InspireGrowthFitness assumes no responsibility for the content or functionality of any non-InspireGrowthFitness website to which we provide a link. Please see our Privacy Policy for more details.

SECTION 23 - Termination: InspireGrowthFitness reserves the right to terminate any Member's Membership and/or service for any reason (including paid-for subscriptions and/or guest subscriptions) after providing e-mail notice to the Member. This Agreement will take effect (or shall re-take effect) at the time you click "SUBMIT ORDER," "PAY NOW," "ORDER NOW", "SUBMIT", "BUY NOW", "PURCHASE", "I ACCEPT", "I AGREE" or similar links or buttons, otherwise submit information through the Website, respond to a request for information, complete a purchase, select a method of payment, enter in payment method information, and/or begin installing, accessing, or using the Website, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Website at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination or suspension. You further agree that InspireGrowthFitness shall not be liable to you or to any third party for the consequences of such termination or suspension. Your rights under this Agreement will terminate automatically if you fail to comply with this Agreement, subject to the survival of rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the Website in your possession. Sections 12, 14 through 20, 22, 24 through 28, and 30 through 32 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with InspireGrowthFitness.

SECTION 24 - No Waiver: No failure or delay on the part of InspireGrowthFitness in exercising any right, power, or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by InspireGrowthFitness.

SECTION 25 - Governing Law and Venue: This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with your access or use of the Website, our Privacy Policy, or Return/Exchange Policy, or any matter concerning InspireGrowthFitness, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of the State of California excluding its conflict of law provisions. To the extent that any Claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded by the arbitration agreement in Section 17 above, the parties agree any such Claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Sacramento, California, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts' exclusive jurisdiction or venue.

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SECTION 26 - FORCE MAJEURE: InspireGrowthFitness will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, "Force Majeure Event" shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of InspireGrowthFitness. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. InspireGrowthFitness shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

SECTION 27 - ASSIGNMENT: InspireGrowthFitness may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without InspireGrowthFitness's express written consent.

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SECTION 28 - ELECTRONIC SIGNATURE: All information communicated on the Website is considered an electronic communication. When you communicate with any InspireGrowthFitness company through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled "SUBMIT MY ORDER," "PAY NOW," "ORDER NOW," "SUBMIT," "BUY NOW," "PURCHASE," "I ACCEPT," "I AGREE," or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

SECTION 29 - CHANGES TO THE AGREEMENT: You can review the most current version of the Terms at any time at https://inspiregrowthfitness.com/termsandconditions. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Policy, or Return/Exchange Policy, by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes. Unless accepted by InspireGrowthFitness in writing, these terms and conditions may not be amended by you

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SECTION 30 - YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES: You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you have read this Agreement and thoroughly understand the terms contained in this Agreement; and (3) that any products and services you purchase from the Website will be used for your personal, non-commercial use, and that you will not re-sell, re-distribute, or export any product that you order from the Website. You further represent that InspireGrowthFitness has the right to rely upon all information provided to InspireGrowthFitness by you, and InspireGrowthFitness may contact you by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

SECTION 31 - SEVERABILITY: If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

SECTION 32 - ENTIRE AGREEMENT: These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and InspireGrowthFitness and governs your access and use of the Website and your ordering, purchasing and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and InspireGrowthFitness. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

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SECTION 33 - CONTACTING US: We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to InspiregrowthFitness@gmail.com

If you have any further questions or need additional revisions, please let me know!

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